The Florida legislature passed a bill that provides immunity to companies that suffer a data breach. The immunity is conditioned on the company: (1) complying with the notice requirements of Florida’s data breach notification...more
Florida will not pass a comprehensive data privacy law for the second year in a row. It will be easy for some to speculate that the bill died because the House insisted on a private right of action. That speculation would be...more
The Florida House of Representatives today passed HB 9 by a vote of 103 to 8. The bill would be Florida’s first “comprehensive” data privacy law. You can read this post to learn more about what the bill would do; this one for...more
Last week, HB 9 (the leading privacy bill on the House side of the Florida legislature) made its first of two committee stops in the House Commerce Committee. The bill passed unanimously. Just as important, however, the...more
The Florida House of Representatives has introduced its version of a comprehensive privacy law (HB 9 – no fancy acronym, unlike the FPPA in the Senate). This blog post will explain the key differences between the House and...more
The Florida House of Representatives has released its version of a proposed comprehensive privacy law. Coming in at 31 pages, HB 9 is sponsored by Representative McFarland (a champion of data privacy on the House side). On...more
The Florida privacy legislation appears to be dead, and the best way to explain it is with the southern adage that “pigs get fat, hogs get slaughtered.” With a strong privacy bill in hand that gave privacy advocates 95% of...more
By a vote of 29-11, the Florida Senate passed its version of HB 969 and sent the bill back to the House for consideration of the rewritten version. At this point, there are only two legislative options remaining: (1) the...more
With only three days left in the legislative session, and on the morning when my Op-Ed was published by the Tallahassee Democrat, the Florida Senate weighed in on the House’s passage of HB 969. There were two ways it could...more
Despite concerns expressed by House Democrat Ben Diamond about the private right of action, HB 969 passed second reading in the Florida House of Representatives today. The bill now moves to a 3rd reading, which is the last...more
The Florida Senate’s version of a new comprehensive privacy law (a.k.a. the “Florida Privacy Protection Act” (FPPA)) passed unscathed out of the Senate’s Committee on Commerce and Tourism yesterday. The bill’s sponsor fought...more
HB 969, a comprehensive privacy law that would immediately become the most onerous in the United States, sailed through the Florida House of Representatives’ Regulatory Reform Subcommittee yesterday....more
The Florida Legislature is considering a comprehensive privacy law (HB 969) that would fundamentally change the landscape of how/whether companies do business in Florida. The bill is largely a “cut-and-paste” of the...more
States Consider Privacy and Data Security Legislation -
It’s that time of year again, when we see a flood of legislative activity at the state level on privacy and data security laws. A couple of recent examples are below....more
1/30/2020
/ Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Equifax ,
EU-US Privacy Shield ,
Expedia ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Google ,
Information Commissioner's Office (ICO) ,
Information Governance ,
Legislative Agendas ,
Marriott ,
Motion to Dismiss ,
Online Safety for Children ,
Orbitz ,
Personal Data ,
Privacy and Electronic Communications Regulation 2003 (PECR). ,
Proposed Legislation ,
Regulatory Violations ,
Settlement ,
State and Local Government ,
UK
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more
1/28/2020
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Carve Out Provisions ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Florida ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Governance ,
Internet Privacy ,
Legislative Agendas ,
Marketing ,
Online Platforms ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Proposed Legislation ,
Proposed Regulation ,
Public Records ,
Records Request ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
Websites
The California Consumer Privacy Act: The Next Frontier -
The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities...more
6/5/2019
/ Algorithms ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Damages ,
Data Breach ,
Data Privacy ,
Fines ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Data Breach Notification Statutes ,
TCPA
Florida Introduces BIPA Legislation -
A Florida state senator has introduced an identical version of the Illinois Biometric Information Privacy Act (BIPA)....more
3/25/2019
/ Aetna ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
CNIL ,
Competition ,
COPPA ,
Data Breach ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Fingerprints ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Proposed Amendments ,
Proposed Legislation ,
State and Local Government
An identical version of the Illinois Biometric Information Privacy Act (BIPA) has been introduced in the Florida Senate. The bill includes the same private right of action. ...more
3/4/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Proposed Legislation ,
State and Local Government
Google Receives Record GDPR Fine -
Marking the first major penalty against a U.S. tech company under the General Data Protection Regulation (GDPR), the French data-protection authority, CNIL, has fined Google a record $57...more
2/7/2019
/ Antitrust Violations ,
California Consumer Privacy Act (CCPA) ,
CNIL ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Derivative Suit ,
Enforcement Actions ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Google ,
Government Shutdown ,
Huawei ,
International Data Transfers ,
Japan ,
Obstruction of Justice ,
Popular ,
Proposed Amendments ,
Regulatory Oversight ,
Regulatory Violations ,
State and Local Government ,
Trade Secrets ,
UK Brexit ,
Wire Fraud ,
Yahoo!