Tuesday, March 2, 2021
Florida may soon join the growing number of states that have enacted comprehensive consumer privacy legislation. Backed by Governor Ron DeSantis, Florida
House Bill 969 (HB 969) would create new obligations for covered businesses and greatly expand consumers’ rights concerning their personal information, such as a right to notice about a business’s data collection and selling practices.
Significantly, and similar to the California Consumer Privacy Act (CCPA), HB 969 also would establish a private cause of action for consumers affected by a data breach involving certain personal information when reasonable safeguards were not in place to protect that information.
The bill also would amend Florida’s data breach notification law, the Florida Information Protection Act of 2014 (FIPA), to expand the definition of “personal information” to include biometric information.
Global Privacy Control Endorsed by California AG – Next Steps | Insights
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February 2021: California Privacy Rights Act (Proposition 24): A Summary of Key Changes | Quinn Emanuel Urquhart & Sullivan, LLP
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consumers or
households. The CPRA also clarifies that the revenue threshold of $25 million applies to revenue from the “preceding calendar year.” § 1798.140(d)(1)(A) and (B).
Restriction on Legislature to Amend: Finally, in response to critics who alleged that the original CCPA became “watered down” by the legislative process, the CPRA limits the power of the state legislature to change the law. The California Legislature may only pass amendments to the statute that “are consistent with and further [its] purpose and intent.” CPRA Section 25.
Tasks for 2021
Updating Links and Policies: As noted above, the CPRA includes new rights to correct and to limit the use of newly defined “sensitive personal information” and regulates the sharing (not just selling) of personal information. As a result, businesses will need to update their “Do Not Sell My Personal Information” links to read “Do Not Sell or Share My Personal Information,” and include a separate link
McDermott CPRA Webinar
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