Florida Statutes 501.705 – Consumer rights
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(1) A consumer is entitled to exercise the consumer rights authorized by this section at any time by submitting a request to a controller which specifies the consumer rights that the consumer wishes to exercise. With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise these rights on behalf of the child.
(2) A controller shall comply with an authenticated consumer request to exercise any of the following rights:
(a) To confirm whether a controller is processing the consumer’s personal data and to access the personal data.
Terms Used In Florida Statutes 501.705
- Affiliate: means a legal entity that controls, is controlled by, or is under common control with another legal entity or that shares common branding with another legal entity. See Florida Statutes 501.702
- authenticated: means to verify or the state of having been verified, respectively, through reasonable means that the consumer who is entitled to exercise the consumer's rights under…. See Florida Statutes 501.702
- Child: means an individual younger than 18 years of age. See Florida Statutes 501.702
- Consumer: means an individual who is a resident of or is domiciled in this state acting only in an individual or household context. See Florida Statutes 501.702
- Controller: means :(a) A sole proprietorship, partnership, limited liability company, corporation, association, or legal entity that meets the following requirements:1. See Florida Statutes 501.702
- Decision that produces a legal or similarly significant effect concerning a consumer: means a decision made by a controller which results in the provision or denial by the controller of any of the following:
(a) Financial and lending services. See Florida Statutes 501.702- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Personal data: means any information, including sensitive data, which is linked or reasonably linkable to an identified or identifiable individual. See Florida Statutes 501.702
- Precise geolocation data: means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, which directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. See Florida Statutes 501.702
- processing: means an operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Florida Statutes 501.702
- Processor: means a person who processes personal data on behalf of a controller. See Florida Statutes 501.702
- Sale of personal data: means the sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party. See Florida Statutes 501.702
- Sensitive data: means a category of personal data which includes any of the following:
(a) Personal data revealing an individual's racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status. See Florida Statutes 501.702- Voice recognition feature: means the function of a device which enables the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds. See Florida Statutes 501.702
(b) 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.(c) To delete any or all personal data provided by or obtained about the consumer.(d) 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.(e) To opt out of the processing of the personal data for purposes of:1. Targeted advertising;2. The sale of personal data; or3. Profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer.(f) To opt out of the collection of sensitive data, including precise geolocation data, or the processing of sensitive data.(g) To opt out of the collection of personal data collected through the operation of a voice recognition or facial recognition feature.(3) 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.