On Tuesday, Florida Governor Ron DeSantis signed SB 261 into law, establishing a "Digital Bill of Rights" for Floridians to safeguard their sensitive user data and restrict the actions of big tech companies.
Effective from July 1 of this year, the new law grants Floridians the right to control their personal data, including confirming, accessing, and deleting it from social platforms. Moreover, the legislation prohibits the use of personal information, including political affiliations, in employment and housing decisions or insurance matters.
The "Bill of Rights" comprises five additional rights, including the right for users to understand how internet search results are generated, the ability to opt out of the sale of personal data, and protection against the collection of children's online data. Furthermore, the law mandates search engines to disclose whether political biases influence search results.
Governor DeSantis emphasized the importance of Floridians having control over their personal data, stating, "If a multibillion-dollar company conspires to take your data and exploit or use it against you, you have the right to protect that data. The Big Tech oligarchs will no longer be able to seize your personal information and deny you the right to access, confirm, or delete that data as you desire."
This legislation builds upon SB 662, a recently signed bill by the Governor, which safeguards the online information of Florida's students through the Student Online Personal Information Protection Act. The act imposes significant restrictions on online operators regarding the collection, disclosure, and sale of student data used for educational purposes.
An analysis of the bill conducted by the Rules Committee staff highlighted Section 230, a federal law, as raising several concerns that the new Florida law aims to address. Section 230 has faced criticism for its broad immunity provisions, which shield individuals from legal liability when third-party content is posted on their platforms. While this immunity has fostered the free flow of ideas on the internet, critics argue that it protects publishers even when harmful content is involved.
The analysis also mentioned various federal and state laws, such as HIPAA, the Virginia Consumer Data Protection Act, and the California Consumer Privacy Act, that address privacy concerns. Businesses will need to adapt their operations to comply with the notice and privacy requirements outlined in the law. Additionally, search engines like Google will be required to provide consumers with information on how they prioritize or de-prioritize certain information.
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