Signed June 6, 2023, Florida joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee and Montana in enacting a consumer data privacy law. The FDBR differs from other states' consumer data privacy laws in certain areas including scope of entities covered, required disclosures, relationships with social media platforms and voice/facial recognition technologies.

As with other states' data privacy laws, there are certain data exemptions associated with the FDBR:

• Specific employment-related data
• Information governed by and/or processed in accordance with other privacy laws, including the Fair Credit Reporting Act, the Family Educational Rights and Privacy Act and the Driver's Privacy Protection Act
• Protected health information under HIPAA
• Data subject to the GLBA
• Certain other health- and patient-related information under federal/state regulations

Employers are encouraged to consult with legal counsel to determine if their use of data will be subject to FDBR in preparation for July, 2024.

Posted: July 11, 2023

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