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Florida

Summary

Law: Florida Digital Bill of Rights (FDBR)

Regulator: The Florida Attorney General (AG)

Summary: The Florida Governor signed Senate Bill 262 creating the Florida Digital Bill of Rights on June 6, 2023, which will enter into effect July 1, 2024. The Bill of Rights introduces obligations for controllers, including data processing principles, disclosure requests, and retention requirements for personal information. In addition, the Bill of Rights require the conducting of Data Protection Assessments in specific circumstances and requires a contract between controllers and processors to govern procedures performed on the controller's behalf.

Additionally, the Bill of Rights provides for data subject rights, including access, correction, deletion, and obtaining a copy of personal data, as well as the right to opt-out of certain processing activities. Furthermore, the Bill of Rights provides the Department of Legal Affairs with enforcement powers but does not provide a private right of action.

Furthermore, Section 23 of the Constitution of the State of Florida provides for the right to privacy and under §501.171 et seq. of Chapter 501 of Title 33 of the Florida Statutes, there is a requirement for covered entities to notify individuals individually as well as the AG of personal data breaches of electronic records when a breach affects 500 or more individuals.

Insights

The Florida Digital Bill of Rights (FDBR) was introduced to the Florida State Senate on March 3, 2023. After passing both Houses of the Florida State Congress, the FDBR was signed by the Governor on June 6, 2023.

The FDBR will enter into effect on July 1, 2024.

On June 6, 2023, the Governor signed S.B. 262, the Florida Digital Bill of Rights (FDBR) into law, with an effective date of July 1, 2024. Kyle R. Dull, Senior Associate at Squire Patton Boggs (US) LLP, provides a detailed overview of the contents of the FDBR and what businesses may need to consider in order to remain compliant.

The Florida Digital Bill of Rights (the Bill of Rights) was introduced, on March 3, 2023, to the Florida State Senate. Since then, the Bill of Rights has passed both State House, and was signed by the Governor of Florida, Ron DeSantis, on June 6, 2023. The Bill of Rights introduces obligations for both applicable controllers and processors, as well as consumer rights, and will enter into effect on July 1, 2024. OneTrust DataGuidance Research breaks down the key provisions.

House Bill ('HB') 833 for the Protecting DNA Privacy Act entered into effect on 1 October 2021. In particular, the Protecting DNA Privacy Act modifies the state's previous DNA privacy legislation by expanding definitions and broadening the scope of unlawful practices.