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Global Data Privacy Guide

USA, Florida

(United States) Firm Akerman LLP Updated 23 Jun 2022
What is the key legislation?

Florida Statute Section 501.171, the Florida Information Protection Act of 2014, or FIPA, for short.

What data is protected?

Personal information is protected under FIPA.  This includes a person's first and last name, or first initial combined with the last name, social security number, driver's license number, other government-issued identifications, financial account numbers, credit card numbers, debit card numbers, and security codes.

Who is subject to privacy obligations?

Any commercial or governmental entity that acquires, maintains, stores or uses personal information of individuals in the state is subject to this law.

What are the principles applicable to personal data processing?

N/A

How is the processing of personal data regulated?

FIPA does also address possible breaches caused by third-party agents.

How are storage, security and retention of personal data regulated?

'All reasonable measures' must be taken to ensure proper disposal of records.

What are the data subjects' rights?

N/A

Are there restrictions on cross-border data transfers?

N/A

Are there any notification requirements for data breaches?

The notice requirement to report a data breach under FIPA is 30 days.

Who is the privacy regulator?

The Florida Legal Affairs Department oversees FIPA enforcement.

What are the consequences of a privacy breach?

Penalties may be assessed by The Florida Department of Legal Affairs.

How is electronic marketing regulated?

N/A

Are there any recent developments or expected reforms?

N/A

Global Data Privacy Guide

USA, Florida

(United States) Firm Akerman LLP Updated 23 Jun 2022