United States of America: Passed Florida Consumer Data Privacy Act in the House of Representatives (HB 9)

On 2 March 2022, the Consumer Data Privacy Act (House Bill 9) was adopted by the Florida House of Representatives. To become law, the Act requires to be adopted by the Senate before the session ends on March 11. The bill requires data controllers to set up reasonable security measures and to provide notice in case of the collection of consumers' personal information. Furthermore, data controllers are prohibited from processing certain types of sensitive data (including data gathered from a child). Moreover, the bill allows consumers to opt-out from the sale of their own personal data and the processing for certain purposes. The law would allow the Department of Legal Affairs to enforce the provisions against data controllers and processors that pursue unlawful data practices according to the bill. Finally, in contrast to the Senate version of the Act, the House bill introduces a private right of action against companies that do not respect a consumer's opt-out from selling or sharing personal information, sell or share personal information of a minor without consent, or do not comply with the requests of personal information deletion or rectification by a consumer.