Florida could join the list of states with privacy legislation

Privacy legislation in the United States is broken down by sectors (health, banking, telecommunications, among others) and by states.

Bill No. 969 on the privacy of consumer data introduced by Republican Governor Ron DeSantis and sponsored by Representative Fiona McFarland seeks to put Florida residents as a priority over the policies and treatment of personal data of part of the big tech companies.

For McFarland, the protection of consumer data is a matter of utmost importance, in this sense, he argued: “This bill is solely about a Florida consumer who, by interacting online, delivers treasures of highly intimate personal information about themselves that could reasonably be used to identify them"

 Fortunately, everything seems to be going smoothly for this project, as last Wednesday, the Florida House of Representatives approved its favorable recommendation for the Regulatory Reform subcommittee, he said. IAPP.

What provisions can we find in said bill?

(i) Consent to opt-out for the sale or exchange of personal data of adults.

(ii) Consent of voluntary inclusion for the sale or exchange of personal data of minors.

What does this exclusion or voluntary inclusion refer to? The consent to opt-out implies that the owner of the personal data does not have to actively consent to the treatment, however, they have the power to avoid the treatment at any time. On the other hand, the consent of voluntary inclusion, implies that the owner of the personal data has to, indeed, actively give consent so that their data can be sold or given in exchange.

(iii) The companies that process personal data must enable ARCO rights for the interested parties who need to make use of them. Likewise, they must publish their privacy policies so that the general public is aware of the purpose of the treatment, the flow of data, the existing data banks, and in general, other relevant information regarding the protection of personal data. .

(iv) Right of action on the part of private parties.

A valuable point to rescue is that, apparently, this bill is not being developed with the back of the private sector, but that the work has constant feedback from this sector, which is ultimately the ones that will have to implement it. In this sense, Mc Farland indicated: “I have worked very closely with many members of the industry, from leaders of different technology companies (…) to advocates of privacy rights, and even companies that we would not consider technology companies (…) I am taking all forms of productive feedback and I have an open door"

Finally, he also stressed that he will pay close attention to the sectors that could be exempted from the application of the law, in such a way that they are not as many as those allowed by legislation such as California and Virginia.

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Marilú Lazo
Lawyer from the Pontificia Universidad Católica del Perú (PUCP). Director of The Crypto Legal Blog, she has experience in corporate advice, consumer protection, as well as in matters of personal data protection and new technologies.


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