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Will Florida’s new digital data law bring order to the ‘Wild West’ of online privacy?

New Digital Privacy Law in Florida Offers Floridians More Control Over Their Data

Floridians are gearing up for new privacy options this summer as a new digital privacy law is set to go into effect on July 1. This law will impact tech giants like Amazon, Facebook, and Google, expanding what is considered personal data to include voice, fingerprints, and face.

Supporters of the law believe it will give users more control over their data and how it is used by large Internet companies for advertising purposes. State Rep. Fiona McFarland, who sponsored the bill, emphasized that Floridians will now have the ability to request the deletion of their data if they no longer want companies to have it.

The legislation, which was signed into law by Governor Ron DeSantis, was born out of the culture war surrounding social media after the 2020 presidential election. It is part of a larger trend of states across the U.S. implementing consumer digital data protection regulations.

However, the Florida law has some limitations, only applying to companies with over $1 billion in annual sales and deriving more than half of that from online ads. This has raised concerns about the protection of personal information for Florida consumers, as it leaves out smaller businesses and nonprofits.

Despite the limitations, the law requires tech firms to obtain clear and affirmative consent from users regarding their data. While consumers cannot directly sue companies for privacy violations, legal action can be taken by the attorney general.

In response to the patchwork of state laws, federal lawmakers have introduced a national data privacy bill, the American Privacy Rights Act, which aims to set national standards for data collection and usage. This proposed legislation would preempt state laws and allow consumers to opt out of targeted online advertising.

As the debate over digital privacy continues, Floridians and consumers across the country are navigating the evolving landscape of online data protection.

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