Law: Florida Digital Bill of Rights (FDBR)

Regulator: The Florida Attorney General (AG)

Summary:  The Florida Governor signed Senate Bill 262 creating the Florida Digital Bill of Rights on June 6, 2023, which will enter into effect July 1, 2024. The Bill of Rights introduces obligations for controllers, including data processing principles, disclosure requests, and retention requirements for personal information. In addition, the Bill of Rights requires the conducting of data protection assessments in specific circumstances and requires a contract between controllers and processors to govern procedures performed on the controller's behalf. Additionally, the Bill of Rights provides for data subject rights, including access, correction, deletion, and obtaining a copy of personal data, as well as the right to opt out of certain processing activities. Furthermore, the Bill of Rights provides the Department of Legal Affairs with enforcement powers but does not provide a private right of action.

Section 23 of the Constitution of the State of Florida provides for the right to privacy, and under §501.171 et seq. of Chapter 501 of Title 33 of the Florida Statutes there is a requirement for covered entities to notify individuals and the Florida Attorney General (AG) of personal data breaches of electronic records when a breach affects 500 or more individuals.

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