Florida Digital Bill of Rights
Florida's Digital Bill of Rights is a comprehensive law that gives Florida consumers a whole slew of rights regarding their personal information. It's like Florida's version of the CCPA, but with its own Sunshine State twist.
Here's a breakdown of the key provisions:
Consumer Rights:
Right to Access: Consumers can request access to their personal data.
Right to Correction: Consumers can request correction of inaccurate personal data.
Right to Deletion: Consumers can request deletion of their personal data.
Right to Opt-Out: Consumers can opt-out of the sale of their personal data or its use for targeted advertising.
Right to Data Portability: Consumers can request a copy of their personal data in a portable format.
Right to Confirm Whether or Not Data is Being Processed: Consumers can confirm if a business is processing their data.
Right to Opt-Out of Profiling: Consumers can opt-out of the use of their data for profiling in certain circumstances.
Business Obligations:
Provide a Privacy Notice: Clearly inform consumers about your data practices.
Respond to Consumer Requests: Respond to consumer requests within 45 days.
Implement Reasonable Security: Protect personal data with appropriate security measures.
Obtain Consent: Obtain consent before processing sensitive data.
Respect Consumer Choices: Honor consumer opt-out requests.
Sensitive Data:
The Florida law defines "sensitive data" as personal data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sexual orientation, or citizenship or immigration status. Businesses must obtain consent to process this type of data.
Who does the Florida Digital Bill of Rights apply to?
The Florida law applies to businesses that conduct business in Florida or provide products or services to Florida residents and meet one of the following thresholds:
Have annual gross revenues over $1 billion.
Derive 50% or more of their gross revenue from selling or sharing personal information and control or process the personal data of at least 50,000 consumers.
Enforcement:
The Florida Attorney General is responsible for enforcing the Florida Digital Bill of Rights.
Consumers do not have a private right of action, meaning they cannot sue businesses directly for violations.
Why is the Florida Digital Bill of Rights important?
The Florida law is a significant step in protecting consumer data privacy in the state. It's essential for businesses to understand and comply with this law to avoid legal and financial risks, build trust with customers, and foster a culture of responsible data handling.
How Aetos Can Help:
Aetos Data Consulting provides expert guidance and support to help businesses navigate the complexities of the Florida Digital Bill of Rights. Our services include:
Compliance audits
Policy development and implementation
Training and awareness programs
Data subject request management
Contact us today to learn more about how we can help your business understand the Florida Digital Bill of Rights and other data privacy laws.