The number of Americans concerned about privacy online is on the rise. In fact, around 71% of Americans worry about how the government uses data collected about them. This has risen from 64% in 2019.
The worries don’t end there, either. Social media sites protecting personal data is also a huge concern. Fears are growing, and the lack of security needs addressed.
The new Florida privacy law will help with this, but what exactly does it all mean for Florida businesses? Continue reading to discover the changes scheduled for implementation in July 2024.
The Florida Digital Bill of Rights Explained
The Florida Digital Bill of Rights (FDBR) is a game-changer in the realm of online privacy. Set to take effect in 2024, this legislation aims to give Floridians greater control over their personal information and enhance data collection and usage transparency.
So, who does the FDBR apply to? Well, it’s designed to protect consumers – that means you! Whether you’re a resident of Florida or simply using digital services within the state, this law will affect how your personal data is handled by companies operating online.
Obligations on Businesses
]The FDBR places responsibilities on controllers and processors regarding how they handle consumer data. Companies must disclose clear privacy policies outlining what types of data are collected and for what purposes. They should also obtain explicit consent from consumers before collecting or processing sensitive information.
Businesses that fall into the scope of this new law need to have at least one billion dollars in global gross revenue. In addition, they also need to meet one of the following three requirements:
- 50% of their global gross revenue comes from the sale of advertisements online
- They operate a digital distribution platform or app store that has at least 250,000 different software applications
- The business operates a voice command service or consumer smart speaker
Because of these requirements, this policy only applies to the largest companies. Smaller companies will remain unaffected by this new law.
How the FDBR Is Different from Other State Consumer Data Privacy Laws
Many states have privacy laws like the Florida one. However, there are some differences that make this law different from the ones you’ll see in other states.
Narrow Scope
Because of the scope of this law, it hits big businesses the most. This means it will only impact a small percentage of businesses.
A Data Sale Disclaimer’s Required
The law requires anyone who sells personal data to provide a clear and accessible privacy notice. This notice must be updated at least once a year.
Opt-Out Option for Voice and Facial Recognition Tech
If personal data is collected by voice and facial recognition devices, there must be an opt-out. This gives consumers the opportunity to say they don’t want their personal data collected by these means.
Florida Privacy Law and Surveillance Restrictions
The new laws will also put restrictions on surveillance. Companies cannot gather data on you while the device isn’t in operation.
Government Moderation of Social Media
The new privacy laws also prohibit the government from being able to remove content or accounts from social media platforms. In essence, the government cannot “moderate” social media platforms.
Search Engine Disclosures
This new law will also put mandatory disclosures in place for search engines. Search engines must disclose what went into the rankings of various web pages in your search. This will include any political partisanship or political ideology influencing the search results.
Data Retention Schedule
Businesses will only be able to store data for a set time frame. At most, data can be stored for up to two years since your last interaction with the entity.
In some cases, the retention of the data would only last as long as it was needed to fulfill the initial purpose.
Notices Regarding Sales of Data
If sensitive information or biometric information is sold, the controller will be required to disclose that they sell information. This disclosure must be easily accessible.
Protection of Children in Online Spaces
Another unique aspect of this law is the protection of children. Children are increasingly accessing the internet at younger ages, making it crucial to prioritize their safety in online spaces. The new Florida privacy law recognizes this need by including provisions for the protection of children.
Online platforms that don’t follow these laws will be in violation. If they don’t take the necessary steps to fix any violations, they’ll be at risk of hefty fines.
Data of Minors
This law makes it so that online platforms cannot process data of children under 18. Especially if that data could put the minor at risk.
Profiling of Minors
This law also prevents the profiling of children in online spaces. The only way profiling is permitted is if the platform can demonstrate that it does not pose a risk to the child.
Data Privacy
The law also prevents controllers from collecting, selling, sharing, or retaining information about children under 18. Controllers cannot use information for anything except what it was collected for. Exceptions include whether the controller can prove it doesn’t pose a risk or if the information is necessary for providing the service.
Location
Unless it’s needed for providing a service, the law prevents controllers from collecting, selling, or sharing a child’s geolocation. It also requires controllers to make it obvious when geolocation services are used.
Using Deceptive Collection Practices
This business law also makes it illegal for controllers to use deceptive practices to acquire information about children. This means they cannot use methods that will encourage children to share data not needed to provide the service.
Know How the Upcoming Florida Privacy Law Impacts Your Business
The Florida Digital Bill of Rights is set to bring significant changes in the realm of online privacy and data protection. With its implementation scheduled for 2024, it aims to empower consumers by granting them more control over their personal information.
How will this Florida privacy law impact your business? At Boyer Law, we stay in the know about current and upcoming laws to help you grow your business. We’re here to help you with a variety of business needs.
Schedule a business consultation today to learn more.
