Florida Statutes 501.715 – Requirements for sensitive data
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Terms Used In Florida Statutes 501.715
- 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
- Known child: means a child under circumstances of which a controller has actual knowledge of, or willfully disregards, the child's age. See Florida Statutes 501.702
- 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
- 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
- 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(1) A person who meets the requirements of s. 501.702(9)(a)1.-3. for the definition of a controller may not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer or, if the sensitive data is of a known child, without processing that data with the affirmative authorization for such processing by a known child who is between 13 and 18 years of age or in accordance with the Children’s Online Privacy Protection Act, 15 U.S.C. ss. 6501 et seq. for a known child under the age of 13.(2) A person in subsection (1) who engages in the sale of personal data that is sensitive data must provide the following notice: “NOTICE: This website may sell your sensitive personal data.”(3) A person who violates this section is subject to the penalty imposed under s. 501.72.