Florida House Data Privacy Bill Released

Shook, Hardy & Bacon L.L.P.
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Shook, Hardy & Bacon L.L.P.

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 quick review, it appears to have some important changes from the version the House considered last year (HB 969), including:

  • a significantly reduced private right of action (no private right of action for data breaches), though the lack of a right to cure will create problems;
  • a universal plug-in option for communicating privacy preferences;
  • annual AG reports to Legislature; and,
  • changes to data retention rules.

I intend to provide more thoughts, a deeper analysis, and a comparison to the Senate’s version within the next 24 hours.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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