In-Depth Analysis of the Florida Digital Bill of Rights (FDBOR)

In Addition to COPPA and KOSA for Child Safety Bills

In the digital era, the safety of children on the internet has become a paramount concern, prompting significant legislative and policy-driven conversations. The recent move by the US Senate Judiciary Committee to summon top tech CEOs for a hearing on their platforms’ child safety measures highlights the urgency and complexity

Compliance Hub WikiCompliance Hub

The Florida Digital Bill of Rights (FDBOR), effective July 1, 2024, marks a significant development in the U.S. data privacy landscape. This legislation primarily targets large technology firms, reflecting Florida's strategic focus on regulating major players in the digital economy. Here, we delve into the key components of the FDBOR, its implications for businesses, and the unique consumer rights it establishes.

Scope and Applicability

The FDBOR is designed to apply to a narrow segment of businesses, specifically targeting "Big Tech" companies. To fall under the FDBOR's jurisdiction, a business must:

• Be a for-profit legal entity conducting business in Florida.
• Have an annual global revenue exceeding $1 billion.
• Meet at least one of the following criteria:
  • Derive 50% or more of its global gross annual revenue from online advertisement sales.
  • Operate a consumer smart speaker and voice command service with an integrated virtual assistant.
  • Operate an app store or digital distribution platform with at least 250,000 software applications available for download.

This high threshold means that the FDBOR will not apply to most small and medium-sized enterprises, focusing instead on large corporations with significant digital operations.

Consumer Rights and Protections

The FDBOR grants Florida residents several rights concerning their personal data, aligning with trends seen in other state privacy laws but with unique provisions:

• Right to Access: Consumers can request access to their personal data collected by businesses.
• Right to Correction: Consumers can request corrections to inaccuracies in their personal data.
• Right to Deletion: Consumers can request the deletion of their personal data under certain circumstances.
• Right to Data Portability: Consumers can obtain a copy of their personal data in a portable format.
• Right to Opt-Out: Consumers can opt out of data processing for targeted advertising, the sale of personal data, and certain types of profiling.

Additionally, the FDBOR introduces specific opt-out rights for data collected through voice or facial recognition systems, reflecting growing concerns about biometric data privacy.

Children's Privacy

A significant aspect of the FDBOR is its focus on protecting children's privacy online. The law includes provisions inspired by the Age-Appropriate Design Code, imposing stricter regulations on online platforms likely to be accessed by children under 18. These platforms must ensure that their data processing practices do not pose substantial harm or privacy risks to children, including risks related to mental health, addictive behaviors, and exploitation.

Children’s Online Privacy Protection Act (COPPA): A Comprehensive Guide

The Children’s Online Privacy Protection Act (COPPA) is a critical piece of legislation that was enacted by the U.S. Congress in 2000. The primary aim of COPPA is to address concerns about children’s access to obscene or harmful content over the Internet. Ensuring Child Safety Online: Tech CEOs Face

Compliance Hub WikiCompliance Hub

Business Obligations

Businesses subject to the FDBOR must comply with several obligations:

• Consent for Sensitive Data: Obtain explicit consent before processing sensitive data, such as racial or ethnic origin, religious beliefs, health diagnoses, and biometric data.
• Privacy Notices: Provide clear privacy notices detailing data processing activities, purposes, and third-party data sharing.
• Data Protection Impact Assessments: Conduct assessments to evaluate the risks associated with data processing, particularly for sensitive data.
• Prohibition of Dark Patterns: Avoid using manipulative consent mechanisms known as "dark patterns."

Enforcement and Penalties

The Florida Attorney General has exclusive enforcement authority over the FDBOR. The law allows for civil penalties of up to $50,000 per violation, with treble damages for violations involving children's data or failure to comply with consumer requests. The Attorney General may offer a 45-day cure period for businesses to address alleged violations, depending on the severity and frequency of the infractions.

Conclusion

The Florida Digital Bill of Rights represents a targeted approach to data privacy regulation, focusing on large tech companies and introducing robust consumer rights. While its high applicability thresholds limit its reach, the FDBOR sets a precedent for future privacy legislation, particularly concerning children's online safety and biometric data protection. Businesses within its scope must adapt their compliance strategies to meet these new requirements, ensuring transparency and accountability in their data practices. As the regulatory landscape continues to evolve, the FDBOR highlights the importance of balancing innovation with consumer protection in the digital age.

Citations:
[1] https://www.dataguidance.com/opinion/florida-digital-bill-rights-privacy-concerns-and-key
[2] https://www.whitecase.com/insight-alert/florida-enacts-digital-bill-rights-joining-growing-privacy-landscape
[3] https://secureprivacy.ai/blog/florida-digital-bill-of-rights
[4] https://www.globalprivacyblog.com/2023/07/florida-digital-bill-of-rights-adds-to-the-growing-us-state-privacy-network/
[5] https://fpf.org/blog/shining-a-light-on-the-florida-digital-bill-of-rights/
[6] https://www.hinshawlaw.com/newsroom-updates-pcad-state-privacy-regulations-effective-july-1-2024.html
[7] https://www.pillsburylaw.com/en/news-and-insights/consumer-privacy-laws-united-states-2024.html