Following the enactment of the California Consumer Privacy Act (“CCPA”), many states have attempted to follow in California’s footsteps by passing their own consumer data privacy laws. On April 21, 2021, the Florida State House of Representatives resoundingly passed consumer data privacy House Bill 969 (“HB 969” or “Florida Privacy Law”), by a vote of 118 to 1. The bill moved to the Florida Senate and was significantly amended. The Florida Senate passed the Florida Privacy Law in a 29-11 vote. The bill did not receive a final vote in the Florida House before the end of the 2021 legislative session on April 30, 2021.
What is included in the proposed Florida Privacy Law?
Proposed Florida Privacy Law
The Florida Privacy Law, as passed by the House of Representatives, would amend Florida Statute 501.171, and address the collection, use, sharing and security of consumer personal information. The Florida Privacy Law would revise the definition of “personal information,” include additional data breach reporting requirements, and require companies that collect personal information to implement reasonable security practices and procedures to safeguard such information. Similar to the CCPA, HB 969 would require entities that collect consumer personal information to: 1) provide notice to consumers concerning their data collection and selling practices; 2) provide consumers with the ability to request that data be disclosed (right to know), deleted, and/or corrected; 3) allow consumers to opt-in or out of the sale or sharing of their personal information; and 4) prohibit companies from discriminating against consumers who exercise their privacy rights.
State Senate Amendments and the Death of the Florida Privacy Law
When HB 969 made it to the Florida State Senate, it underwent several changes. The most significant change came when the Senate committees stripped out the bill’s private right of action for consumers, leaving the Florida Attorney General’s Office as the lone enforcer of the law. Even with that change, the bill passed the Florida Senate in a vote of 29-11 on April 28th.
The Florida Privacy Law died in the Florida House on the last day of the 2021 legislative session, April 30th. The Law was a priority for the Florida House Speaker, but in the rush to pass a budget and other higher priority bills before adjournment, the Florida Privacy Law did not even get a final vote in the Florida House.
States Enacting More Consumer Data Privacy Laws
Recently, we blogged about how Virginia had voted to approve the Consumer Data Privacy Act (“CDPA”), becoming the second state in the nation to pass comprehensive consumer data privacy legislation. Consumer data privacy has become a hot topic among state legislatures that, if/when acted upon, will have a substantial impact on how businesses collect, store and share personal information. We will continue to monitor and update our readers on new state legislation. In the interim, businesses should: 1) assess and review their data collection, use and sharing practices; 2) implement comprehensive data security measures; and 3) work with competent counsel to get compliant when state legislative measures are enacted.
If you need assistance with consumer data privacy compliance, please email us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
This post was originally published on April 29th, 2021 and updated on May 4th, 2021.
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