September 22, 2023


Advocacy. Mediation. Success.

Florida’s Details Privateness Act


The writer of this write-up is an details safety specialist, not an attorney. The viewpoints contained in this article need to not be construed as authorized advice. The reader should really seek advice from with a certified legal professional if authorized counsel is demanded relative to FS 501.171.

Cybercriminals prowl the World-wide-web searching for openings in personal computer systems to exploit. They want to steal, change, damage or usually illicitly acquire access to the confidential data held by corporations and organizations. Each vulnerabilities and threats are developing. Regulation enforcement officers have been not able to place a “dent” in cybercrime.

Regulation-makers in Florida, nevertheless, have resolved who must have the lion’s share of the duty for shielding PII (or Individually Identifiable Data). Persons now have the duty of shielding private information if they are a “included entity” or organization in Florida.

Do you know what the regulation (FS 501.171) requires? Are you a “protected entity beneath Florida law?” Is your information processing method established up to be in compliance with Florida’s privateness legislation? Can you show that you have taken the “acceptable steps” that the law calls for to defend the confidential info that you have on staff members, consumers and other folks?

Is your info procedure solid enough to prevent a cyber assault?

Would you productively be in a position to defend yourself versus a compliance audit?

What can you if not do?

You can talk to with an legal professional to identify if you are included by the provisions of Florida’s Information Privacy Act. The wise and prudent point to do would be to assume that if you are getting or maintaining private private knowledge on individuals, you are most likely thought of to be a included entity.

Florida’s law includes a lengthy definition as to what is protected. It is: any content, irrespective of bodily form, on which particular data is recorded or preserved by any means, together with, but not limited to, composed or spoken phrases, graphically depicted, printed or electromagnetically transmitted that are presented by an person for the function of obtaining or leasing a item or getting a services.

The personalized details covered beneath Florida’s Privacy Act would contain a person’s social stability selection, a driver’s license or identification card variety, passport selection, army identification card or other equivalent documents applied to confirm id. Additionally provided are monetary account numbers, credit score or debit card quantities with any necessary stability codes, accessibility code, or password that is essential to permit obtain to an particular person account any information concerning an individual’s medical record, mental or bodily issue, or clinical treatment method or prognosis by an individual’s overall health care skilled or an individual’s wellness insurance policy coverage variety or subscriber identification amount and an distinctive identifier employed by a health insurance company to establish the personal.

The storage of confidential data would seem to contain all “hard copy” or paper records and individuals stored by a cloud assistance. The lined entity is entirely responsible for securing the info it gathered and can not transfer its obligations to a 3rd get together (this kind of as a cloud storage enterprise).

FS 501.171 states that every single lined entity, governmental entity or third-occasion agent shall just take sensible measures to secure and protected facts in electronic type that includes individual data.

The Regulation states, among the other provisions, how the breaches will be documented to authorities (which includes the number of compromised data and notification necessities). Probable fines are bundled.

Florida’s Data Privateness Act, FS 501.171 requires that companies must consider affordable measures to handle confidential information and facts. The Law would not exactly dictate, nevertheless, the aspects of what information and facts policies and treatments should really be applied.

There are a variety of information stability controls and expectations, none of which have the power of law. Having said that, numerous are viewed as to be really sturdy security products that are made use of in business enterprise and field. Businesses, in the view of the creator, really should at minimum have an information and facts security coverage.

Otherwise, guidance from administration is very likely absent. Assembly the check of “acceptable” measures to guard under the FS 501.171 would be hard if the group experienced unsuccessful to deal with the matter of how it formally managed or processed confidential data.

You must always take aggressive ways towards achievable burglars and protect the confidential details in your possession.