HB 1189

1
A bill to be entitled
2An act relating to privacy of personal information;
3providing definitions; requiring certain persons who
4maintain computerized data that contains personal
5information to notify any state resident whose unencrypted
6personal information may have been obtained as a result of
7a security breach; providing for forms of notice;
8providing exceptions and alternative forms of notice;
9providing for delays in notification in certain
10circumstances; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  (1)  As used in this section, the term:
15     (a)  "Breach of security" means the unauthorized
16acquisition of computerized data which compromises the
17confidentiality, integrity, or security of personal information
18maintained by a person. Good-faith acquisition of personal
19information by an employee or agent of such person for
20legitimate purposes of the person is not a breach of security.
21     (b)  "Person" means any person or political subdivision as
22defined in section 1.01, Florida Statutes, or any agency as
23defined in section 20.03, Florida Statutes.
24     (c)  "Personal information" means an individual's first
25name or first initial and last name and at least one of the
26following elements:
27     1.  Social security number.
28     2.  Driver's license number or state identification card
29number.
30     3.  Account or card number and any required security code,
31access code, or password that permits access to that account.
32     (2)(a)  Any person that conducts business in this state and
33owns or licenses computerized data that contains personal
34information about a resident of this state must notify that
35resident regarding any breach of security of the data
36immediately following discovery of the breach, if the personal
37information was, or is reasonably believed to have been,
38acquired by an unauthorized person.
39     (b)  Any person that conducts business in this state and
40maintains computerized data that includes personal information
41that is owned or licensed by another person must notify such
42owner or licensee regarding any breach of security of the data
43immediately following discovery, if the personal information
44was, or is reasonably believed to have been, acquired by an
45unauthorized person.
46     (3)(a)  Notice may be provided in writing or in electronic
47form.
48     (b)  If the cost of providing notice exceeds $250,000, the
49affected class of individuals to be notified exceeds 500,000
50persons, or the person does not have sufficient contact
51information for all of the affected individuals, it may provide
52substitute notice by:
53     1.  Sending an e-mail notice to each affected individual
54for whom it has an e-mail address.
55     2.  Conspicuously posting notice of the security breach on
56the person's website.
57     3.  Providing notification of the security breach to major
58statewide media.
59     (c)  If a person has established notification procedures
60that are otherwise consistent with the requirements of this
61section as part of an information security policy, that person
62may notify affected individuals pursuant to such procedures.
63     (d)  Notification may be delayed if a law enforcement
64agency determines that the notification will impede a criminal
65investigation.
66     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.