Law / United States /
Florida
Florida Digital Bill of Rights rules: authorized person, authentication of consumer requests, and enforcement
Fla. Admin. Code R. 2-3.001, 2-3.003 and 2-3.004
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
As of .
What it requires
- If you are a controller under the Florida Digital Bill of Rights, use a commercially reasonable method to authenticate a consumer who submits a request to exercise a right (Florida Administrative Code Rule 2-3.004(1)).
- Treat a request from an authorized person, who is the consumer, a person with the consumer's express written authority or power of attorney, or a child's parent or legal guardian, and who is authenticated under Rule 2-3.004, as a request made on the consumer's behalf (Rule 2-3.001(1), (2)).
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Logging duty
Rules 2-3.001, 2-3.003 and 2-3.004 set who may act for a consumer, how a controller authenticates a request and when the Department of Legal Affairs grants a cure period. They do not require a controller to keep a log of requests or give any body a power to inspect one in the sections cited.
- Kind
- None
- As of
What this law does
Rule 2-3.004 requires a controller to use a commercially reasonable method to authenticate the consumer. An authorized person who is authenticated under Rule 2-3.004 is entitled to act on a consumer's behalf to exercise the rights and protections conferred under section 501.701. The Department of Legal Affairs will not grant a 45-day period to cure for alleged violations involving a child.
When LexLint raises it
When your app profile says your app crawls the web, trains models, deploys a chatbot, sends automated outreach or makes high-risk automated decisions.