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