Ever notice how ads seem to know exactly what you were talking about? Or how apps constantly ask for access to your location, camera, or microphone?

In today’s digital age, companies collect huge amounts of personal data from the apps, websites and devices we use every day. As artificial intelligence and targeted advertising continue to grow, online privacy has quietly become one of the largest issues facing this generation.

Florida’s Digital Bill of Rights

To address some of these concerns, in June 2023, Florida passed the Digital Bill of Rights, which requires that covered businesses provide Floridians with the right to:

  • Access personal data that a company collected about them;
  • Correct inaccuracies;
  • Require the company to delete the personal data;
  • Obtain a copy of the data;
  • Opt-out of the sale of your personal data or targeted advertising; and
  • Prevent the collection of sensitive data (such as health information, biometric data, precise geolocation) and voice or video recordings.

In short, the law is designed to give people more transparency and control over how companies use their information online.

To whom does the Digital Bill of Rights apply?

The Florida Digital Bill of Rights mainly applies to large technology companies. Specifically, to companies with global annual revenue of more than $1 billion that also:

  • Make more than 50% of their revenue from online advertising;
  • Operate a smart speaker or voice assistant; or
  • Run an app store with more than 250,000 applications

Online Privacy: What are the risks?

Many people don’t consider the risks of sharing personal information online or realize how much data companies collect from them. Activities like shopping online, creating accounts, using social media, ordering through apps, or enabling location tracking can expose personal information such as names, contact information, birthdays, payment data, and location history. Individually, these pieces of information may seem harmless, however, when pieced together, they can be used to form a detailed picture of a person’s interests and lifestyle.

 One major concern is data breaches. This happens when hackers access a company’s database and steal large amounts of personal data. If stored improperly, that personal data can become publicly accessible. Even if leaked information does not immediately cause harm, it can still create risks for identity theft. Many online security protocols involve asking “security questions” to verify a person’s identity; however, when private information becomes public, it may become easier to impersonate other people online.

What if my online privacy rights are violated? 

To enforce your rights under the Florida Digital Bill of Rights, a person usually must submit a request to the company holding their data and many companies already provide tools for privacy-related requests, including, online request forms, dedicated email addresses, or account portals.

In most cases, companies covered by the law must respond to requests within forty-five days. If a request is denied, a person may have the right to appeal. Complaints may also be filed with the Florida Attorney General, and legal action may be available.

What can I do to protect my online privacy?

To keep better control over your personal data, consider:

  • Reviewing websites’ privacy policies before providing personal data;
  • Making deletion or correction requests to companies who hold personal data;
  • Requesting copies of your personal data;
  • Opting out of targeted advertising;
  • Opting out of collection of biometric or other health data; and
  • Requesting deletion of audio or visual recordings.

Conclusion

Personal data has become one of the most valuable resources in the digital age. The Florida Digital Bill of Rights provides Floridians with tools to better understand who collects their personal information, how it is used, and whether companies can continue storing it.

Given the risks associated with companies collecting large amounts of personal data, limiting your digital footprint may be the modern equivalent of protecting your Social Security Number. Ultimately, understanding your privacy rights is one of the best ways to take more control over your online presence.

** This post was written by Daniel Self, attorney at JimersonBirr, in collaboration with Jessica Mazariego, member of the Law Related Education Committee.