Florida Statutes 501.714 – Deidentified data, pseudonymous data, and aggregate consumer information
Current as of: 2024 | Check for updates
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(1) A controller in possession of deidentified data shall do all of the following:
(a) Take reasonable measures to ensure that the data cannot be associated with an individual.
Terms Used In Florida Statutes 501.714
- Aggregate consumer information: means information that relates to a group or category of consumers from which the identity of an individual consumer has been removed and is not reasonably capable of being directly or indirectly associated or linked with any consumer, household, or device. 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
- 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
- Deidentified data: means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. See Florida Statutes 501.702
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- Processor: means a person who processes personal data on behalf of a controller. See Florida Statutes 501.702
- Pseudonymous data: means any information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual. See Florida Statutes 501.702
- Third party: means a person, other than the consumer, the controller, the processor, or an affiliate of the controller or processor. See Florida Statutes 501.702
(b) Maintain and use the data in deidentified form. A controller may not attempt to reidentify the data, except that the controller may attempt to reidentify the data solely for the purpose of determining whether its deidentification processes satisfy the requirements of this section.(c) Contractually obligate any recipient of the deidentified data to comply with this part.(d) Implement business processes to prevent the inadvertent release of deidentified data.(2) This part may not be construed to require a controller or processor to do any of the following:(a) Reidentify deidentified data or pseudonymous data.(b) Maintain data in an identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data.(c) Comply with an authenticated consumer rights request under s. 501.705 if the controller:1. Is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;2. Does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and3. Does not sell the personal data to a third party or otherwise voluntarily disclose the personal data to a third party other than a processor, except as otherwise authorized by this section.(3) The consumer rights enumerated under s. 501.705(2) and controller duties imposed under s. 501.71 do not apply to pseudonymous data or aggregate consumer information in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separate and is subject to effective technical and organizational controls that prevent the controller from accessing the information.(4) A controller that discloses pseudonymous data, deidentified data, or aggregate consumer information shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the data or information is subject and shall take appropriate steps to address any breach of the contractual commitments.