Florida Privacy Bill Advances Through State Legislation
On March 10, 2021, Florida House of Representatives’ Regulatory Reform Subcommittee approved HB 969, a comprehensive state privacy bill modeled on the California Privacy Rights Act. Florida Governor DeSantis has already came out in support of the legislation.
Under the proposed bill, Florida consumers would have a right to request a copy of their personal information collected by a business; have their personal information deleted or corrected; request information about personal information sold or shared by a business; and opt out of sale of sharing of personal information to third parties. Businesses, in turn, would be required to disclose in their privacy policies the categories of personal information collected about consumers, the categories of personal information that they sold, shared, or disclosed for a business purpose; as well as information about privacy rights granted to consumers. Businesses would be prohibited from collecting additional categories of personal information or using personal information collected for additional purposes without providing notice to consumers. The bill would also impose limitations on data retention by the covered businesses.
Similarly to the CCPA, HB 969 provides for a private right of action but only in cases of breaches involving nonencrypted and nonredacted personal information or email address, in combination with a password or security question.
In the meantime, Florida Senate is considering SB 1734, Florida Privacy Protection Act, which is similar to HB 969 but would go one step further in allowing for a private right of action for any violation of the privacy obligations in addition to data breaches.
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