The Florida House of Representatives has resoundingly passed HB 969, a comprehensive consumer data privacy bill similar to California’s enacted CCPA and Virginia’s VCDPA. HB 969 would give Florida residents a broad right to access, delete, correct, opt-in or opt-out, and stop the sale or sharing of their personal information. It requires business to post privacy policies, maintain written security programs and have procedures to comply when data subjects exercise their rights.
While the bill has the types of exemptions that have by now become commonplace (HIPAA, GLB and the like) it also has a few unusual elements including a broad definition of biometric data that does not contain the typical carve-out for biometric information data subjects voluntarily submit for testing and screening.
The bill would also include a resident’s private right of action. If passed, the Florida law would have the most extensive private right of action of any currently in-effect comprehensive privacy law, including Europe’s GDPR.
HB 969 has now moved to the Florida State Senate. The Florida State Senate is also currently considering passage of related a narrower consumer data privacy bill, SB 1734, which does not include a consumer’s private right of action.