The Florida House of Representatives has passed a bill protecting consumer data privacy

The Florida House of Representatives has passed a bill protecting consumer data privacy

On April 21, The Florida House of Representatives is expected to pass a Consumer Protection Bill requiring businesses to be transparent about their data collection and use activities. Businesses that collect a customer's personal data will be required to "disclose such details about data collection and sale practices to the consumer," according to the bill, which passed with bipartisan support in the Houses.

In addition, the bill grants Floridians the ability to sue businesses who misuse their personal information in the marketplace. Selling personal or biometric data "without the customer's permission" and gathering categories of consumer information not defined in the company's data use and privacy policy are examples of misuse. The bill not only allows businesses to enforce fair security measures to protect collected data, but it also gives customers a secure way to request their data back from these businesses at no cost.

Rep. Anthony Sabatini, the lone Republican in the House who opposed the bill, called it "one of the single greatest regulatory burdens on Florida companies," although many in the legislature believe it is important to improve data privacy and consumer safety.

The bill is part of a rising wave of "techlash" legislation that is sweeping the world. Some argue that such bills are being introduced in response to concerns about BigTech's dominance over customers and the federal government's alleged inability to react appropriately with effective cybersecurity steps.

Meanwhile, the Senate's version of consumer data protection law, SB 1734, is still being debated. The Senate bill was scheduled for a second reading on April 9, but it has not passed since.

The House bill provides a private right of action for (1) some forms of data breaches; (2) failure to remove or correct a consumer's personal information after receiving a verifiable consumer request or instructions to delete or correct from a controller; and (3) failure to delete or correct a consumer's personal information after receiving a verifiable consumer request or directions to delete or correct from a controller.

The House bill includes a private right of action for some forms of data breaches, failure to remove or correct a consumer's personal information after obtaining a verifiable consumer request or instructions to delete or correct from a controller, and continuing to sell or exchange a consumer's personal information after the consumer has chosen to do so. The bill allows for statutory damages of between $100 and $750 per consumer per incident.

The state Attorney General's office, on the other hand, will be able to implement the consumer rights contained in the Senate bill. Of course, the same stumbling block that doomed the Washington Privacy Act in 2019, 2020, and (apparently) 2021 is the proper method of compliance. It remains to be seen if Florida lawmakers will work out their differences.

What we do know is that we'll find out soon after the Florida legislature adjourns on April 30.