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

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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.

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