The scenario describes a situation where a healthcare provider in Florida collects personal information from a patient for the purpose of providing medical services. Florida’s data privacy laws, particularly those related to health information, focus on the principles of consent, purpose limitation, and data minimization. When personal information is collected, it must be for a specific, legitimate purpose, and its use should be limited to that purpose. Furthermore, only the minimum necessary information required to fulfill that purpose should be collected. In this context, the provider is obligated to inform the patient about how their data will be used and to ensure that the collection and subsequent processing adhere to these fundamental privacy principles. The Florida Digital Service Act (FDSA) and other relevant statutes emphasize transparency and accountability in data handling. The provider’s actions must align with these regulatory frameworks, ensuring that the patient’s privacy rights are respected throughout the data lifecycle, from collection to storage and potential sharing. The concept of “purpose limitation” is paramount, meaning the data collected for providing medical services cannot be arbitrarily used for unrelated marketing or other secondary purposes without explicit consent or a clear legal basis. This also ties into the principle of “data minimization,” ensuring that the scope of data collected is narrowly tailored to the stated purpose. The provider must also consider data security measures to protect the collected information from unauthorized access or breaches, a core tenet of Florida’s privacy landscape.

The Florida Digital Privacy Act, codified in Chapter 501, Part III of the Florida Statutes, establishes specific requirements for businesses that collect and handle personal information of Florida residents. A key aspect of this legislation, and similar privacy frameworks like the California Consumer Privacy Act (CCPA), is the concept of a “verified request.” This process ensures that the entity receiving a consumer’s request to access or delete their personal information can reasonably confirm the identity of the individual making the request. This verification is crucial to prevent unauthorized access or deletion of sensitive data, thereby safeguarding the consumer’s privacy. The law does not mandate a specific percentage of data to be retained for a certain period after a deletion request, nor does it automatically require a separate consent for processing data that has already been lawfully collected. The focus is on the verification process itself and the subsequent actions taken based on a verified request.

The Florida Digital Privacy Act, Chapter 501, Part III of the Florida Statutes, specifically addresses the collection and use of personal information by businesses. Section 501.171, Florida Statutes, outlines requirements for the protection of personal information. While the Act does not mandate a specific data retention period for all types of personal information, it emphasizes reasonable security measures to protect data from unauthorized access or disclosure. The Act requires businesses to implement and maintain reasonable security procedures and practices appropriate to the nature of the information. This includes, but is not limited to, administrative, technical, and physical safeguards. The Act also requires businesses to provide notice to individuals if there is a breach of personal information. The concept of “reasonable security” is central and implies that businesses must take proactive steps to protect data, which inherently involves decisions about how long data is stored and when it should be securely disposed of, rather than a fixed statutory period for all data. Therefore, the absence of a specific, universally mandated retention period for all personal data under Florida law, while requiring reasonable security, means that businesses must establish their own policies based on legal, business, and risk management considerations.

The Florida Digital Bill of Rights, enacted as part of the Florida Privacy Act, establishes specific rights for consumers regarding their personal data. One crucial aspect is the right to opt-out of the sale or sharing of personal information. While the Act defines “sale” broadly, it also includes specific exemptions. For instance, sharing data with service providers who process data solely on behalf of the business and are contractually obligated to maintain confidentiality and not use the data for their own purposes is generally not considered a “sale” under the Act. However, if a business shares data with a third party that then uses that data for its own independent marketing purposes, even if it’s framed as “sharing” rather than “selling,” it can fall under the Act’s purview, triggering the consumer’s right to opt-out. The Act emphasizes transparency and consumer control, requiring businesses to provide clear notice and mechanisms for consumers to exercise their rights, including opting out of such data transfers. Understanding the nuances of what constitutes a “sale” or “sharing” for the purpose of opt-out rights is paramount for compliance in Florida.

The scenario describes a situation where a healthcare provider in Florida is asked to disclose Protected Health Information (PHI) of a minor patient to a non-custodial parent without a court order or specific authorization. Florida law, particularly the Health Insurance Portability and Accountability Act (HIPAA) and Florida Statutes Chapter 456, which governs health care practitioners, dictates the conditions under which PHI can be released. Generally, a non-custodial parent may have access to a child’s medical records unless there is a court order to the contrary. However, specific Florida statutes and interpretations of HIPAA can create nuances. Florida Statute 384.24, while primarily dealing with sexually transmissible diseases, has provisions regarding parental access to a minor’s health information. More broadly, Florida Statute 743.065 addresses the rights of minors to consent to medical services and the confidentiality of such information. In the context of HIPAA, a covered entity must have a valid authorization from the individual or their personal representative, or a court order, or meet specific criteria for permitted disclosures. A non-custodial parent is not automatically considered the personal representative for all purposes, especially if custody arrangements or court orders limit their access. Without a court order explicitly granting the non-custodial parent access to the minor’s full medical records, or a specific written authorization from the custodial parent or the minor (if the minor has reached the age of majority or can consent to the specific treatment), the healthcare provider cannot legally disclose the PHI. The most appropriate course of action is to require a court order or a valid authorization.

The Florida Digital Bill of Rights, enacted as part of the Florida Privacy Act of 2023, establishes specific requirements for the collection, use, and disclosure of personal data by businesses operating within the state. One key aspect of this legislation is the concept of “sensitive data” and the heightened protections afforded to it. Sensitive data, as defined by the Act, includes a broad range of information that, if compromised, could lead to significant harm or discrimination against an individual. This category encompasses not only traditional sensitive information like social security numbers and financial account details but also extends to data related to an individual’s health, precise geolocation, racial or ethnic origin, religious beliefs, sexual orientation, and biometric data. The Act mandates that businesses must obtain express consent before collecting or processing sensitive data, unless an exception applies. Such exceptions are narrowly defined and often relate to essential functions necessary to provide a requested good or service, or for legal compliance. Furthermore, businesses are required to implement reasonable security measures to protect sensitive data from unauthorized access, use, or disclosure. The Act also grants consumers specific rights regarding their sensitive data, including the right to access, correct, delete, and opt-out of the sale or sharing of this information. The focus on sensitive data reflects a broader trend in privacy legislation to provide more robust protections for information that carries a higher risk of harm if misused. The Florida Digital Bill of Rights aims to strike a balance between fostering innovation and protecting the fundamental privacy rights of Florida residents, with a particular emphasis on safeguarding their most sensitive personal information.

The Florida Digital Bill of Rights, codified in Chapter 501, Part IV of the Florida Statutes, establishes specific rights for Florida consumers regarding their personal data. A key aspect is the definition of “personal data” and the obligations placed upon businesses that collect and process this data. Section 501.171, Florida Statutes, defines “personal data” broadly as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This definition is crucial for determining the scope of the law’s protections. The question probes the understanding of what constitutes “personal data” under Florida law, specifically focusing on information that is not directly identifying but could be linked. Consider a scenario where a healthcare provider in Florida collects a patient’s unique gait pattern, identified only by a patient ID number, and combines it with their zip code. While the gait pattern itself, linked solely to an ID, might not immediately reveal identity, the combination with the zip code, especially in a granular context, increases the potential for indirect identification. Florida law, similar to other comprehensive privacy frameworks, aims to protect such indirectly identifiable information. Therefore, a gait pattern associated with a patient ID and a zip code falls under the broad definition of personal data because it is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer. This includes data that, when combined with other information, allows for the identification or inference of characteristics about an individual. The intent of Florida’s privacy legislation is to provide robust protection for consumers’ information, encompassing not just directly identifiable data but also information that can lead to identification through reasonable inference or linkage.

The Florida Digital Privacy Act (FDPA), codified in sections 501.171 through 501.1715 of the Florida Statutes, establishes specific requirements for businesses that collect personal information from Florida residents. One key aspect of the FDPA is the right of consumers to request access to and deletion of their personal information. When a business receives a verifiable consumer request to delete personal information, it must delete that information from its records and direct any service providers to delete the information, with certain exceptions. These exceptions include information necessary to complete a transaction for which the personal information was collected, provide a product or service requested by the consumer, or fulfill a legal obligation. The FDPA also mandates that businesses provide consumers with at least two designated methods for submitting requests, such as a toll-free telephone number, a web form, or a postal address. Businesses have 45 days to respond to a verifiable consumer request, with a possible 45-day extension if reasonably necessary, provided the consumer is informed of the extension within the initial 45-day period. The FDPA’s provisions are broadly applicable to businesses that meet certain thresholds related to revenue, data processing volume, and commercial activity targeting Florida residents.

The Florida Digital Privacy Act, enacted in 2021, provides consumers with specific rights regarding their personal data collected by businesses. One of the key rights granted is the right to opt-out of the sale or sharing of personal information. The definition of “sale” under the Act is broad and includes any exchange of personal information for monetary consideration, or for other valuable consideration, when the recipient uses the personal information to provide services to the business that sold or shared the information. However, the Act also includes specific exclusions from the definition of “sale.” These exclusions are crucial for understanding the scope of the opt-out right. For instance, the Act clarifies that the transfer of personal information to a third party for the purpose of providing a product or service requested by the consumer, or for processing that information on behalf of the business, is not considered a sale if certain conditions are met, such as the third party not using the information for its own purposes. Furthermore, the Act explicitly states that sharing information with a service provider for business purposes, where the service provider agrees to contractual restrictions on the use of the personal information, does not constitute a sale. The Act also distinguishes between a sale and the disclosure of personal information for a business purpose, which can include a list of enumerated activities such as providing services, performing analytics, or preventing fraud, provided that the recipient adheres to specific contractual limitations. Understanding these nuances, particularly the conditions under which a disclosure is considered a business purpose rather than a sale, is essential for compliance. The Act’s emphasis on contractual limitations and the prohibition of further use of personal information by third parties for independent purposes are central to differentiating between permissible disclosures and prohibited sales.

The scenario describes a situation where a healthcare provider in Florida has experienced a data breach affecting the personal information of its patients. Florida’s data breach notification law, primarily Chapter 501, Part III of the Florida Statutes, outlines the obligations of businesses that own or license personal information of Florida residents. Specifically, Section 501.171 mandates timely notification to affected individuals and, in certain circumstances, to the Florida Attorney General’s office. The law defines “personal information” broadly to include not just financial data but also health information when linked with an individual’s name or other identifiers. The timeframe for notification is “without unreasonable delay,” and not exceeding 30 days, unless a longer period is required for law enforcement investigations. The law also specifies the content of the notification, which must include a description of the types of personal information involved, general steps the entity has taken to protect the information, and advice on steps individuals can take to protect themselves. The prompt implies that the provider is a covered entity under HIPAA, which also imposes breach notification requirements. However, Florida’s law applies to any entity that owns or licenses personal information of Florida residents, regardless of whether they are HIPAA covered entities, and sets specific timelines and content requirements for notification. The key is that the breach involved personal information of Florida residents, triggering the state’s specific statutory obligations. The provider must notify the affected individuals and, if the breach affects more than 500 Florida residents, also notify the Florida Attorney General.

The Florida Digital Bill of Rights, codified in Chapter 501, Part IV of the Florida Statutes, grants consumers specific rights regarding their personal data. One of these rights is the right to access. When a consumer makes a request to access their personal data held by a Florida-regulated entity, the entity must respond within a specified timeframe. According to Section 501.171(5)(a) of the Florida Statutes, the controller of personal data shall respond to a consumer request within 45 days of receiving the request. This period can be extended by an additional 45 days if reasonably necessary, provided the controller informs the consumer of the extension and the reasons for the delay within the initial 45-day period. Therefore, the maximum timeframe for a response to a consumer’s access request, including any permissible extension, is 90 days. This framework aims to ensure consumers have timely access to information about how their data is processed. Understanding these statutory timelines is crucial for compliance with Florida’s comprehensive privacy legislation, which governs the collection, use, and disclosure of personal information by businesses operating within the state or targeting Florida consumers.

The Florida Digital Bill of Rights, codified in Chapter 501, Part IV of the Florida Statutes, grants consumers specific rights regarding their personal data. One of these rights is the right to opt-out of the sale or sharing of personal information. Section 501.171(4)(a) of the Florida Statutes explicitly states that consumers have the right to direct a business that sells or shares personal information to third parties to cease selling or sharing the consumer’s personal information. This right is a cornerstone of consumer data control. The law defines “sale” broadly, encompassing the exchange of personal information for monetary consideration or other valuable consideration. “Sharing” is also defined to include the disclosure of personal information to a third party for cross-context behavioral advertising. Therefore, a consumer’s request to stop the “sale or sharing” of their data directly invokes this statutory right. The Florida Legislature has established a clear framework for consumers to exercise this control over their digital footprint.

The Florida Digital Bill of Rights, enacted as part of the Florida Privacy Act, establishes specific rights for consumers regarding their personal data. One of these rights is the right to access and obtain a copy of personal data collected by a covered entity. When a consumer exercises this right, the entity must provide the data in a portable and readily usable format. The law specifies that this format should facilitate the transmission of the data to another entity without obstruction. For instance, if a consumer requests their health data, the entity must provide it in a format that allows them to easily share it with a new healthcare provider. The act also outlines specific timelines for responding to such requests, typically within 45 days, with a possible extension under certain circumstances. The intent is to empower individuals with control over their digital footprint, enabling them to move their data between service providers seamlessly. This is a fundamental aspect of data portability and consumer empowerment, ensuring individuals can leverage their data across different platforms and services without undue technical barriers. The Florida Digital Bill of Rights aims to foster a more transparent and consumer-centric data ecosystem within the state.

The Florida Digital Privacy Act, codified in Chapter 501, Part III of the Florida Statutes, establishes specific requirements for businesses that collect personal information from Florida residents. One key aspect is the obligation to provide a clear and conspicuous privacy policy that details the types of personal information collected, the purposes for collection, and whether this information is shared with third parties. Furthermore, the Act mandates that businesses implement and maintain reasonable security procedures and practices to protect personal information from unauthorized access, destruction, or use. When a data breach occurs, the Act requires timely notification to affected individuals and, in certain circumstances, to the Florida Attorney General. The Act’s scope extends to any person or entity that conducts business in Florida, or produces or disseminates products or services within Florida, and collects or processes the personal information of Florida residents. It is crucial for businesses to understand that compliance is not merely about having a policy, but about actively implementing the protections described therein and responding appropriately to security incidents, aligning with the state’s commitment to safeguarding consumer data. The Act specifically addresses the rights of consumers regarding their data, including the right to request access to their information and to request deletion under certain conditions.

Florida’s data breach notification law, specifically the Florida Information Protection Act of 2014 (FIPA), as amended, outlines specific requirements for businesses that own or license personal information of Florida residents. The law mandates timely notification to affected individuals and, in certain circumstances, to the Florida Attorney General, following a breach of security. The definition of “personal information” under FIPA is broad, encompassing not only common identifiers like social security numbers and driver’s license numbers but also biometric data, financial account numbers, and medical information when linked with an identifier. The law requires notification without unreasonable delay and no later than 30 days after discovery of the breach. For breaches affecting 500 or more Florida residents, notification to the Florida Attorney General is also required within 30 days. The scope of FIPA applies to any person or entity that conducts business in Florida and owns or licenses sensitive personal information of Florida residents, regardless of whether the entity itself is physically located in Florida. This extraterritorial reach is a crucial aspect of Florida’s privacy landscape. The prompt asks about the timeframe for notification to the Florida Attorney General. The statute clearly states this timeframe is no later than 30 days after discovery of the breach.

The scenario describes a data breach involving a healthcare provider in Florida that handles protected health information (PHI). Florida law, particularly the Florida Information Protection Act of 2014 (FIPA), which is codified in sections 501.171 through 501.172 of the Florida Statutes, mandates specific notification requirements following a breach of personally identifiable information (PII) or protected health information. FIPA requires that a covered entity, including healthcare providers, notify affected individuals without unreasonable delay and no later than 30 days after discovery of the breach. The notification must include specific details about the breach, the type of information compromised, and steps individuals can take to protect themselves. Furthermore, if the breach affects more than 500 Florida residents, the covered entity must also notify the Florida Attorney General’s office. The prompt states that the breach occurred on March 15th and was discovered on March 20th. The notification to affected individuals must occur within 30 days of discovery. Therefore, the latest date for notification to individuals is April 19th. Since the breach affects 700 Florida residents, notification to the Florida Attorney General is also required, which should also be done without unreasonable delay and no later than 30 days after discovery. The core principle is timely notification to both individuals and the state regulatory body to allow consumers to take protective measures and for the state to monitor and enforce compliance.

The scenario describes a data breach involving sensitive personal information of Florida residents. In Florida, the primary statute governing data breach notification is the Florida Information Protection Act of 2014 (FIPA), codified in Chapter 501, Part III of the Florida Statutes. FIPA mandates that businesses that own or license the personal information of Florida residents must implement and maintain reasonable security measures to protect that information. If a breach of security occurs, and the unauthorized acquisition of personal information is likely to result in harm to consumers, the business must notify affected residents without unreasonable delay. The notification must include specific details about the breach, the type of information compromised, and steps individuals can take to protect themselves. The statute defines “personal information” broadly to include not only names and social security numbers but also financial account numbers, medical information, and biometric data. The timeframe for notification is generally within 45 days of discovery, unless a longer period is required for investigation and the law enforcement agency agrees to a delay. A critical aspect of FIPA is its focus on the “likelihood of harm” as a trigger for notification, meaning not every unauthorized access requires notification if there is no reasonable basis to believe harm has occurred. However, given the nature of the data compromised (social security numbers, medical records, and financial account numbers), the likelihood of harm is exceptionally high, triggering the notification requirement.

The Florida Digital Bill of Rights, enacted as part of the Florida Privacy Act of 2023, establishes specific rights for consumers regarding their personal data. One crucial aspect is the right to opt-out of the sale or sharing of personal information. The law defines “sale” broadly to include any exchange of personal information for monetary or other valuable consideration, and “sharing” as the disclosure of personal information to a third party for cross-context behavioral advertising. When a consumer exercises their right to opt-out, covered entities must cease selling or sharing that consumer’s personal information. This cessation must be effective within a reasonable time, typically understood as no later than 15 business days from the receipt of a verifiable consumer request, aligning with the timeframe for other data subject rights processing under similar state privacy laws. This period allows for the necessary technical and organizational measures to be implemented to honor the opt-out.

The Florida Digital Privacy Act, specifically referencing Chapter 501, Part III of the Florida Statutes, outlines requirements for businesses that collect personal information from Florida residents. A key aspect of this legislation is the obligation to provide specific disclosures regarding data collection and sharing practices. When a business experiences a data breach, meaning unauthorized access or acquisition of sensitive personal information, Florida law mandates certain notification procedures. The law requires notification to affected individuals without unreasonable delay and in the most expedient time possible, generally no later than 30 days after the discovery of the breach, unless law enforcement requests a delay. This notification must include specific details about the breach, the types of information compromised, and steps individuals can take to protect themselves. Furthermore, the law specifies that if the breach affects more than 500 Florida residents, the business must also notify the Florida Attorney General’s office. The notification to the Attorney General should be in a specified format and include details about the nature of the breach, the number of residents affected, and the steps the business is taking in response. This layered notification requirement aims to ensure both individual consumers and the state’s chief legal officer are promptly informed about potential privacy violations.

The Florida Digital Bill of Rights, codified in Chapter 501, Part IV of the Florida Statutes, grants consumers specific rights regarding their personal data. One of these rights is the right to opt-out of the sale or sharing of personal information. Florida Statute 501.171(4)(a) outlines that a consumer has the right to direct a controller not to sell or share personal information. This right is a fundamental aspect of consumer control over their data in Florida. The statute further elaborates on what constitutes “sale” and “sharing” in the context of personal data, encompassing various forms of disclosure for monetary or other valuable consideration. Understanding this opt-out right is crucial for both consumers seeking to protect their privacy and businesses operating within Florida’s regulatory framework. This right is distinct from other privacy rights, such as the right to access or delete data, though they are often interconnected within a comprehensive privacy policy. The intent is to empower individuals with greater agency over how their digital footprint is monetized or utilized by third parties.

The Florida Digital Privacy Act (FDPA), codified in Chapter 501, Part III of the Florida Statutes, establishes specific requirements for businesses that collect, use, and disclose personal information of Florida residents. A key aspect of the FDPA relates to data breach notification. If a breach of sensitive personal information occurs, the responsible entity must notify affected individuals and, in certain circumstances, the Florida Attorney General. The definition of “personal information” under the FDPA is broad, encompassing information that identifies or is reasonably capable of being associated with a particular individual. “Sensitive personal information” is a subset of this, including data like social security numbers, driver’s license numbers, financial account numbers, and protected health information. The notification requirements are triggered by a breach, defined as unauthorized acquisition of personal information. The timeline for notification is crucial; generally, it must be made without unreasonable delay and no later than 30 days after discovery of the breach. The notification must include specific details about the breach, the type of information compromised, and steps individuals can take to protect themselves. The FDPA also outlines requirements for third-party service providers who handle personal information on behalf of a business, often mandating contractual obligations to protect the data and report breaches. The act aims to provide transparency and empower consumers in Florida to safeguard their digital identities against the risks associated with data compromises.

The scenario describes a situation where a healthcare provider in Florida has experienced a data breach affecting the personal information of its patients. The provider is obligated to comply with Florida’s data breach notification laws. Florida Statute §501.171, the Florida Identity Theft Victim Protection Act, mandates specific requirements for businesses that own or license personal information of Florida residents. This law requires that upon discovery of a breach of the security of the system, the covered entity must provide notice to affected individuals. The notice must be made in the most expedient time possible and without unreasonable delay, not to exceed 30 days from the discovery of the breach, unless a longer period is required for specific law enforcement investigations. The notice must contain specific content, including the date of the breach, a general description of the categories of information involved, and contact information for the entity. Furthermore, if the breach affects more than 500 Florida residents, the entity must also provide notice to the Florida Attorney General. The key element here is the timing and content of the notification, and the threshold for notifying the Attorney General. In this case, the breach affects 750 Florida residents, exceeding the 500-resident threshold. Therefore, notification to the Florida Attorney General is required in addition to individual notifications. The explanation of the law focuses on the legal obligations and the specific thresholds that trigger additional reporting requirements, emphasizing promptness and comprehensive content of the notice.

The Florida Information Protection Act of 2014 (FIPA), codified in Florida Statutes Chapter 501, Part III, outlines the requirements for businesses to protect sensitive personal information. Specifically, Section 501.171 mandates reasonable security measures to protect personal information from unauthorized access, disclosure, or acquisition. The act defines “personal information” broadly to include any information relating to an identified or identifiable natural person. When a breach of this information occurs, Section 501.172 requires timely notification to affected Florida residents, law enforcement, and, in certain circumstances, the Florida Attorney General. The notification must include specific details about the breach, the type of information compromised, and steps individuals can take to protect themselves. The timeframe for notification is generally “without unreasonable delay” and no later than 30 days after discovery of the breach, unless a longer period is required by federal law or law enforcement investigations. Failure to comply can result in enforcement actions by the Florida Attorney General.

The Florida Digital Privacy Act (FDPA), codified in Section 501.171, Florida Statutes, governs the collection, use, and disclosure of personal information by businesses. A key provision of the FDPA relates to data breach notification requirements. When a breach of sensitive personal information occurs, businesses must notify affected individuals and, in certain circumstances, the Florida Attorney General. The definition of “personal information” under the FDPA includes not only names and addresses but also financial account numbers, social security numbers, and biometric data. The notification must be provided without unreasonable delay, and in no event later than 30 days after the discovery of the breach, unless a longer period is required by federal law or is necessary for law enforcement purposes. The notification must include specific details about the breach, such as the nature of the information compromised and steps individuals can take to protect themselves. For businesses that maintain their own notification procedures as part of an existing federal regulatory framework, those procedures may satisfy the FDPA requirements if they are consistent with the FDPA’s provisions. However, if the existing procedures are less stringent or do not adequately protect consumers, additional steps may be necessary. The law aims to balance the need for timely consumer protection with the operational realities of investigating and remediating data breaches. The FDPA does not mandate a specific dollar threshold for reporting; rather, it is triggered by the compromise of specific types of sensitive personal information.

The Florida Digital Bill of Rights, enacted as part of the Florida Consumer Protection Act, establishes specific requirements for how certain entities handle consumer data. While the act broadly covers data privacy, its application to specific types of data and entities is nuanced. The Florida Digital Bill of Rights focuses on providing consumers with rights concerning their personal data, including access, correction, deletion, and opting out of the sale or sharing of their data. It also mandates data security measures and transparency in data processing. When considering the scope of this legislation, it’s crucial to identify which entities are subject to its provisions and what types of data are protected. The legislation is designed to empower individuals and create accountability for businesses that collect and process personal information. It aims to provide a comprehensive framework for data privacy within Florida, aligning with broader trends in data protection regulation. The core principle is consumer control over personal information.

The Florida Digital Bill of Rights, enacted as part of the Florida Privacy Act of 2023, establishes specific rights for consumers regarding their personal data. One crucial aspect is the right to opt-out of the sale or sharing of personal data. The Act defines “sale” broadly to include exchanges of personal data for monetary consideration or other valuable consideration. “Sharing” is defined as the disclosure of personal data to a third party for cross-context behavioral advertising. Florida Statute § 501.171(4)(b) outlines the requirements for businesses to honor these opt-out requests. Businesses must provide consumers with at least two methods to submit opt-out requests, one of which must be a toll-free telephone number. Upon receiving a valid opt-out request, a business must cease the sale or sharing of the consumer’s personal data within 15 days. Furthermore, the Act mandates that businesses must inform consumers of their right to opt-out and provide clear instructions on how to exercise this right. The scope of these rights extends to data collected both online and offline. The Act also includes provisions for enforcement by the Florida Attorney General, with potential penalties for violations. The 15-day timeframe is a critical compliance benchmark for businesses handling consumer data in Florida.

Florida’s data privacy landscape is primarily shaped by the Florida Digital Privacy Act (FDPA), which aligns with many principles found in other state-level privacy laws like the California Consumer Privacy Act (CCPA) and its subsequent amendment, the California Privacy Rights Act (CPRA). The FDPA grants Florida consumers specific rights concerning their personal information collected by businesses. These rights include the right to know what personal information is collected, the right to request deletion of personal information, and the right to opt-out of the sale of personal information. The FDPA also mandates that businesses provide clear and conspicuous privacy policies. Notably, the FDPA defines “personal information” broadly to include data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The law also addresses data security requirements, obligating businesses to implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information. Enforcement of the FDPA is primarily handled by the Florida Attorney General’s office, which can seek injunctive relief and civil penalties. The law provides a private right of action for consumers in cases of certain data breaches involving non-encrypted or non-redacted personal information, allowing for statutory damages. This private right of action is a significant aspect, empowering individuals to seek redress directly.

The Florida Digital Privacy Act, enacted in 2021, establishes specific requirements for businesses that collect personal information from Florida consumers. One key aspect is the definition of “personal information,” which is broadly construed to include data that can be linked to an identifiable natural person. The Act also mandates specific consumer rights, including the right to access, correct, and delete personal information, as well as the right to opt-out of the sale or sharing of personal information. When a consumer exercises their right to opt-out of the sale or sharing of their personal information, a business must cease selling or sharing that information within a specified timeframe, generally 15 days from the verified request. Furthermore, the Act requires businesses to provide clear notice about their data collection and privacy practices, often through a comprehensive privacy policy. Businesses are also obligated to implement reasonable security measures to protect personal information from unauthorized access or disclosure. Failure to comply with these provisions can result in significant penalties, including statutory damages and injunctive relief. The Act’s provisions are intended to enhance consumer control over their digital footprint and promote transparency in data handling practices within Florida.

The Florida Information Protection Act of 2014 (FIPA), codified in Florida Statutes Chapter 501, Part III, establishes specific requirements for businesses that own or license Florida residents’ personal information. A key component is the notification obligation following a breach of the security of the system. The law mandates that any entity that “conducts business in Florida” and “owns or licenses computerized personal information of Florida residents” must implement and maintain reasonable security procedures and practices. If a breach of the security of the system occurs, the entity must notify affected Florida residents “in the fastest reasonable time and in the least burdensome way possible.” The notification must generally be provided without unreasonable delay and no later than 30 days after discovery of the breach, unless law enforcement requires a delay. The notification must include specific details about the breach, the type of information compromised, and steps the affected individuals can take to protect themselves. Furthermore, if the breach affects more than 500 Florida residents, the entity must also notify the Florida Attorney General’s office. The term “breach of the security of the system” is defined as unauthorized acquisition of computerized personal information that compromises the security, confidentiality, or integrity of the personal information. This definition is broad and encompasses not only direct theft but also access or disclosure without authorization. The law emphasizes a proactive approach to data security and a prompt, transparent response in the event of a breach.

The Florida Digital Bill of Rights, enacted as part of the Florida Digital Services Act, establishes specific rights for Florida consumers regarding their personal data. One of the key rights granted is the right to access and delete personal data. When a consumer submits a verifiable request to delete personal data, a covered entity must comply with this request, subject to certain exceptions. These exceptions are crucial for ensuring that entities can fulfill legal obligations or maintain necessary records. For instance, data necessary to complete a transaction for which the personal information was collected, to detect and address security incidents, or to comply with legal obligations under federal or state law are typically exempt from deletion requests. Florida law, like many privacy regulations, balances consumer rights with the practical needs of businesses and regulatory compliance. The purpose of these exemptions is to prevent the deletion of data that is essential for ongoing operations, security, or adherence to other legal mandates. Therefore, a covered entity must evaluate each deletion request against these enumerated exceptions before proceeding with the deletion.