Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for CS for HB 969 Ì2856167Î285616 LEGISLATIVE ACTION Senate . House . . . Floor: 1a/RE/2R . 04/28/2021 11:37 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Amendment to Amendment (891990) 2 3 Delete lines 404 - 573 4 and insert: 5 (6) Consumers have the right to submit a verified request 6 that personal information that has been collected from the 7 consumer be deleted. Consumers have the right to submit a 8 verified request for correction of their personal information 9 held by a controller if that information is inaccurate, taking 10 into account the nature of the personal information and the 11 purpose for processing the consumer’s personal information. 12 (7) A controller, or a processor acting pursuant to its 13 contract with the controller or another processor, is not 14 required to comply with a consumer’s verified request to delete 15 the consumer’s personal information if it is necessary for the 16 controller or processor to maintain the consumer’s personal 17 information in order to do any of the following: 18 (a) Complete the transaction for which the personal 19 information was collected, fulfill the terms of a written 20 warranty or product recall conducted in accordance with federal 21 law, provide a good or service requested by the consumer, or 22 otherwise perform a contract between the business and the 23 consumer. 24 (b) Help to ensure security and integrity to the extent 25 that the use of the consumer’s personal information is 26 reasonably necessary and proportionate for those purposes. 27 (c) Debug to identify and repair errors that impair 28 existing intended functionality. 29 (d) Exercise free speech, ensure the right of another 30 consumer to exercise that consumer’s right of free speech, or 31 exercise another right provided for by law. 32 (e) Engage in public or peer-reviewed scientific, 33 historical, or statistical research that conforms or adheres to 34 all other applicable ethics and privacy laws, when the business’ 35 deletion of the information is likely to render impossible or 36 seriously impair the ability to complete such research, if the 37 consumer has provided informed consent. 38 (f) Comply with a legal obligation. 39 (8) This section may not be construed to require a 40 controller to comply by reidentifying or otherwise linking 41 information that is not maintained in a manner that would be 42 considered personal information; retaining any personal 43 information about a consumer if, in the ordinary course of 44 business, that information would not be retained; maintaining 45 information in identifiable, linkable, or associable form; or 46 collecting, obtaining, retaining, or accessing any data or 47 technology in order to be capable of linking or associating a 48 verifiable consumer request with personal information. 49 (9) A consumer may authorize another person to opt out of 50 the sale of the consumer’s personal information. A controller 51 shall comply with an opt-out request received from a person 52 authorized by the consumer to act on the consumer’s behalf, 53 including a request received through a user-enabled global 54 privacy control, such as a browser plug-in or privacy setting, 55 device setting, or other mechanism, which communicates or 56 signals the consumer’s choice to opt out, and may not require a 57 consumer to make a verified request to opt out of the sale of 58 his or her information. 59 (10) Each controller shall establish a designated request 60 address through which a consumer may submit a request to 61 exercise his or her rights under this act. 62 (11)(a) A controller that receives a verified request: 63 1. For a consumer’s personal information shall disclose to 64 the consumer any personal information about the consumer which 65 it has collected since January 1, 2023, directly or indirectly, 66 including through or by a processor. 67 2. To correct a consumer’s inaccurate personal information 68 shall correct the inaccurate personal information, taking into 69 account the nature of the personal information and the purpose 70 for processing the consumer’s personal information. 71 3. To delete a consumer’s personal information shall delete 72 such personal information collected from the consumer. 73 (b) A processor is not required to personally comply with a 74 verified request received directly from a consumer, but the 75 processor must notify a controller of such a request within 10 76 days after receiving the request. The time period required for a 77 controller to comply with a verified request as provided in 78 paragraph (d) commences beginning from the time the processor 79 notifies the controller of the verified request. A processor 80 shall provide reasonable assistance to a controller with which 81 it has a contractual relationship with respect to the 82 controller’s response to a verifiable consumer request, 83 including, but not limited to, by providing to the controller 84 the consumer’s personal information in the processor’s 85 possession which the processor obtained as a result of providing 86 services to the controller. 87 (c) At the direction of the controller, a processor shall 88 correct inaccurate personal information or delete personal 89 information, or enable the controller to do the same. 90 (d) A controller shall comply with a verified request 91 submitted by a consumer to access, correct, or delete personal 92 information within 45 days after the date the request is 93 submitted. A controller may extend such period by up to 45 days 94 if the controller, in good faith, determines that such an 95 extension is reasonably necessary. A controller that extends the 96 period shall notify the consumer of the necessity of an 97 extension. 98 (e) A consumer’s rights under this subsection do not apply 99 to pseudonymous information in cases where the controller is 100 able to demonstrate that all information necessary to identify 101 the consumer is kept separate at all times and is subject to 102 effective technical and organizational controls that prevent the 103 controller from accessing or combining such information. 104 (12) A controller shall comply with a consumer’s previous 105 expressed decision to opt out of the sale of his or her personal 106 information without requiring the consumer to take any 107 additional action if the controller is able to identify the 108 consumer through a login protocol or any other process the 109 controller uses to identify consumers and the consumer has 110 previously exercised his or her right to opt out of the sale of 111 his or her personal information. 112 (13) A controller shall make available, in a manner 113 reasonably accessible to consumers whose personal information 114 the controller collects through its website or online service, a 115 notice that does all of the following: 116 (a) Identifies the categories of personal information that 117 the controller collects through its website or online service 118 about consumers who use or visit the website or online service 119 and the categories of third parties to whom the controller may 120 disclose such personal information. 121 (b) Provides a description of the process, if applicable, 122 for a consumer who uses or visits the website or online service 123 to review and request changes to any of his or her personal 124 information that is collected from the consumer through the 125 website or online service. 126 (c) Describes the process by which the controller notifies 127 consumers who use or visit the website or online service of 128 material changes to the notice. 129 (d) Discloses whether a third party may collect personal 130 information about a consumer’s online activities over time and 131 across different websites or online services when the consumer 132 uses the controller’s website or online service. 133 (e) States the effective date of the notice. 134 (14) If a request from a consumer is manifestly unfounded 135 or excessive, in particular because of the request’s repetitive 136 character, a controller may either charge a reasonable fee, 137 taking into account the administrative costs of providing the 138 information or communication or taking the action requested, or 139 refuse to act on the request and notify the consumer of the 140 reason for refusing the request. The controller bears the burden 141 of demonstrating that any verified consumer request is 142 manifestly unfounded or excessive. 143 (15) A controller that discloses personal information to a 144 processor is not liable under this act if the processor 145 receiving the personal information uses it in violation of the 146 restrictions set forth in the act, provided that, at the time of 147 disclosing the personal information, the controller does not 148 have actual knowledge or reason to believe that the processor 149 intends to commit such a violation. A processor is likewise not 150 liable under this act for the obligations of a controller for 151 which it processes personal information as set forth in this 152 act. 153 (16) A controller or processor that discloses personal 154 information to a third-party controller or processor in 155 compliance with the requirements of this act is not in violation 156 of this chapter if the third-party controller or processor that 157 receives and processes such personal information is in violation 158 of this act, provided that, at the time of disclosing the 159 personal information, the disclosing controller or processor did 160 not have actual knowledge that the recipient intended to commit 161 a violation. A third-party controller or processor that violates 162 this act, or violates the terms of a contractual agreement with 163 a controller or processor which results in a violation of this 164 act, is deemed to have violated the requirements of this act and 165 is subject to the enforcement actions otherwise provided against 166 a controller pursuant to s. 501.177. A third-party controller or 167 processor receiving personal information from a controller or 168 processor in compliance with the requirements of this act is not 169 in violation of this act for noncompliance of the controller or 170 processor from which it receives such personal data. 171 (17) The rights afforded to consumers and the obligations 172 imposed on a controller in this act may not adversely affect the 173 rights and freedoms of other consumers. Notwithstanding 174 subsection (7), a verified request for specific items of