Florida’s Data Privacy Act


The author of this report is an info protection expert, not an lawyer. The thoughts contained in this post should not be construed as authorized advice. The reader must seek the advice of with a certified lawyer if legal counsel is necessary relative to FS 501.171.

Cybercriminals prowl the World-wide-web searching for openings in computer units to exploit. They want to steal, alter, damage or otherwise illicitly obtain access to the confidential information held by corporations and corporations. Both of those vulnerabilities and threats are escalating. Law enforcement officers have been not able to set a “dent” in cybercrime.

Law-makers in Florida, nevertheless, have made a decision who really should have the lion’s share of the responsibility for protecting PII (or Individually Identifiable Details). People today now have the obligation of shielding confidential information if they are a “protected entity” or company in Florida.

Do you know what the regulation (FS 501.171) requires? Are you a “protected entity beneath Florida law?” Is your facts processing system established up to be in compliance with Florida’s privateness regulation? Can you show that you have taken the “fair actions” that the law requires to shield the private information and facts that you possess on workforce, shoppers and other individuals?

Is your data method robust sufficient to prevent a cyber assault?

Would you properly be able to protect yourself towards a compliance audit?

What can you normally do?

You can talk to with an lawyer to decide if you are protected by the provisions of Florida’s Facts Privateness Act. The smart and prudent matter to do would be to believe that if you are acquiring or keeping private individual details on persons, you are probably regarded as to be a protected entity.

Florida’s law features a prolonged definition as to what is safeguarded. It is: any product, no matter of physical sort, on which personal details is recorded or preserved by any indicates, including, but not restricted to, written or spoken text, graphically depicted, printed or electromagnetically transmitted that are supplied by an personal for the goal of buying or leasing a product or acquiring a assistance.

The particular info lined underneath Florida’s Privacy Act would consist of a person’s social security range, a driver’s license or identification card number, passport selection, armed service identification card or other identical documents utilized to confirm identity. Additionally integrated are fiscal account numbers, credit or debit card numbers with any demanded stability codes, access code, or password that is vital to allow access to an personal account any info relating to an individual’s health-related background, mental or physical condition, or medical procedure or analysis by an individual’s overall health care professional or an individual’s wellbeing insurance coverage coverage number or subscriber identification number and an special identifier utilized by a health insurance provider to identify the individual.

The storage of confidential facts would surface to contain all “tricky copy” or paper documents and individuals stored by a cloud services. The protected entity is solely accountable for securing the facts it collected and can’t transfer its responsibilities to a 3rd celebration (such as a cloud storage enterprise).

FS 501.171 states that each protected entity, governmental entity or 3rd-social gathering agent shall choose affordable measures to safeguard and protected data in digital sort that consists of own info.

The Law states, amid other provisions, how the breaches will be claimed to authorities (like the quantity of compromised data and notification specifications). Doable fines are incorporated.

Florida’s Information and facts Privateness Act, FS 501.171 needs that businesses should get reasonable steps to deal with private details. The Law will not specifically dictate, nevertheless, the particulars of what info insurance policies and procedures should be made use of.

There are a number of data safety controls and expectations, none of which carry the pressure of regulation. Even so, lots of are considered to be very robust protection models that are made use of in business and industry. Organizations, in the opinion of the author, must at minimum have an details protection coverage.

In any other case, direction from administration is most likely absent. Meeting the check of “acceptable” measures to shield beneath the FS 501.171 would be challenging if the corporation had unsuccessful to tackle the matter of how it officially handled or processed confidential data.

You ought to always get aggressive ways versus feasible thieves and safeguard the confidential information in your possession.

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