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Florida’s Digital Bill of Rights

Last Updated on June 26, 2024

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In June 2023, Governor Ron DeSantis signed Florida’s Senate Bill 262 into law, adopting the Digital Bill of Rights proposed by the office in February.

The FDBR applies to "controllers"—profit-driven entities operating in Florida with over $1 billion in annual global revenue that also meet one of these criteria: deriving 50% of revenue from online ads, operating a voice-command service with a smart speaker and cloud integration, or running an app store with at least 250,000 apps. Unlike other state privacy laws, Florida’s Digital Bill of Rights high thresholds limit its applicability primarily to "Big Tech'' companies, making its provisions irrelevant for most businesses.

Similar to other data privacy regulations, Florida's Digital Bill of Rights provides consumers with various rights, including the right to confirm, access, correct, and delete their personal data after it is collected. Additionally, it provides them with the right to opt out of having their data processed for targeted advertising, sale and profiling.

The Solution

By offering features that include PI data discovery, DSR automation, documented accountability, and AI-process automation, among others, Securiti offers you seamless compliance with Florida’s Digital Bill of Rights.

With its state-of-the-art artificial intelligence and machine-learning-based tools, Securiti is a market leader in providing data governance and compliance solutions. 

Panama’s PDPL Solutiion

Request a demo today to learn how Securiti can aid you and your organization's compliance efforts.

Readiness Assessment

FDBR Provisions

With the help of our multi-regulation, collaborative, readiness, and personal information impact assessment system, you can gauge your organization's posture against Florida’s Digital Bill of Rights requirements, identify gaps, and proactively address any compliance-related risks.

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Auto Compliance Management

FDBR Provisions

Automate compliance with the Digital Bill of Rights using Securiti's common controls and tests.

Privacy Notice Management

Section(s): 501.711, 501.715

Dynamically update privacy policies and notices to comply with Florida’s Digital Bill of Rights. Automate how you publish your privacy notices with the help of pre-built templates for greater efficiency and effectiveness.

Privacy Notice Management
Universal Consent Management

Universal Consent Management

Section(s): 501.71(2)(a), 501.71(2)(d), 501.715(1)

Ensure compliance with the Bill's consent-related provisions across all major data processing activities by monitoring users' consent status via a central dashboard. Doing so allows organizations to prevent any processing or potential transfer, sharing, or selling of data to third parties unless explicitly consented to by the users.

Cookie Consent Management

Section(s): 501.71(2)(a), 501.71(2)(d), 501.705(2)(e), 501.705(2)(f), 501.705(2)(g), 501.715

Automatically scan your organization’s web properties, categorizing tags and cookies. Build customizable cookie banners, collect consent, and provide a preference center.

Cookie Consent
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Sensitive Data Intelligence

Section(s): 501.702(4), 501.702(15), 501.702(19), 501.702(22), 501.702(26), 501.702(31)

Leverage dedicated data mapping, classification, and cataloging modules to ensure you gain real-time insights related to your organization’s entire personal and sensitive data infrastructure via visualization of data sprawl.

Data Mapping Automation

Section(s): 501.71, 501.706(6), 501.712, 501.719

Trace, classify & label data within your organization's data infrastructure to ensure appropriate security controls are enabled on the most sensitive data in your organization.

Data mapping
DSR

Data Subject Rights Fulfillments

Section(s): 501.705, 501.706, 501.707, 501.709

Automate the entire process related to fulfilling consumer data rights-related requests with customized web forms and DSR request verification to gain real-time updates on the status of each request via the central dashboard.

Data Breach Management

Section(s): 501.712(1)(b), US Fla. Stat. § 501.171

Automates compliance actions and breach notifications to concerned stakeholders about security incidents by leveraging a knowledge database on security incident diagnosis and response.

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Data Protection Assessment Automation

Section(s): 501.713

Automate the data protection impact assessment process by identifying the risks early on and mitigating them to ensure data security and compliance with Senate Bill 262.

Vendor Assessments

Section(s): 501.712

Track privacy and security readiness for all your service providers and processors from a single interface. Collaborate instantly with vendors, automate data requests and deletions, and manage all vendor contracts and compliance documents.

Vendor Management
Data Security Posture

Data Security Posture Management

Section(s): 501.71(1)(b)

Gain comprehensive visibility into potential misconfigurations in data assets across public clouds, data clouds, SaaS, and on-premises environments, in addition to contextual data insights, including people ownership, regulatory obligations, and security and privacy metadata.

Data Subject Rights Under Florida’s Digital Bill of Rights

Here are the data subject or consumer rights guaranteed under this Bill:

Right to Access

All consumers have the right to confirm if a controller is collecting their personal data and to access it as well.

Right to Correction

All consumers have the right to request correction of any collected personal data that has become inaccurate, outdated, or obsolete since it was collected.

Right to Deletion

All consumers have the right to request the deletion of any and all personal data a controller has collected on them.

Right to Portability

All consumers have the right to request and obtain a copy of the personal data a controller has collected on them in a portable and readily usable format if the data is in digital format.

Right to Opt Out

All consumers have the right to opt out of the processing of their personal data for the following purposes:

  • Targeted advertising;
  • Sale of personal data;
  • Profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer.
Sensitive Data

Right to Opt-Out of the Collection of Sensitive Data

All consumers have the right to opt out of the collection of their sensitive data, including precise geolocation data.

personal data

Right to Opt-Out of the Collection of Personal Data

All consumers have the right to opt out of the collection of personal data collected through the use of a facial or voice recognition feature.

Key Facts About Florida’s Digital Bill of Rights

Here are some key facts to know about this Bill:

1

The Department of Legal Affairs is authorized to enforce the provisions and impose penalties for violations under Florida’s Digital Bill of Rights;

2

The burden of proof is on the online platform processing the personal information to demonstrate its processing activities do not violate provisions of this Act;

3

In addition to any other remedies, the department may levy and collect a civil penalty of up to $50,000 per violation;

4

Civil penalty fines can be tripled in case of violations that involve a Florida child that the online platform had actual knowledge of being a minor;

5

Any organization accused of violating provisions of this Act will have a 45-day cure period to remedy the alleged violation;

6

Government entities are prohibited from making arrangements with social media platforms for content moderation;

7

All controllers must provide a safe, secure, and reliable method for consumers to submit their data requests.

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