What are the Rights for Florida Residents in the Florida Digital Bill of Rights (“FDBR”)?
The FDBR defines a consumer as an individual who is a resident of or is domiciled in Florida acting only in an individual or household context. The FDBR excludes an individual acting in a commercial or employment context. The FDBR provides for the following rights to consumers regarding the personal data processed by a controller:
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Right to Confirmation. To confirm whether a controller is processing the consumer’s personal data and to access the personal data.
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Right to Corrections. To correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.
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Right to Deletion. To delete any or all personal data provided by or obtained about the consumer.
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Right to Obtain Data. To obtain a copy of the consumer’s personal data in a portable and, to the extent technically feasible, readily usable format if the data is available in a digital format.
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Right to Opt-out of Processing. To opt-out of the processing of the personal data for purposes of: (a) targeted advertising; (b) the sale of personal data; or (c) profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer.
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Right to Opt-out of Collection of Sensitive Data. To opt-out of the collection of sensitive data, including precise geolocation data, or the processing of sensitive data.
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Right to Opt-out of Voice Recognition or Facial Recognition. To opt-out of the collection of personal data collected through the operation of a voice recognition or facial recognition feature. A device that has a voice recognition feature, a facial recognition feature, a video recording feature, an audio recording feature, or any other electronic, visual, thermal, or olfactory feature that collects data may not use those features for the purpose of surveillance by the controller, processor, or affiliate of a controller or processor when such features are not in active use by the consumer, unless otherwise expressly authorized by the consumer.
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