Law / United States / 
Florida
Protected consumer report security freeze
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Data subject rights, Consent
- Audit expectation
- none
As of .
What it requires
- If you are a consumer reporting agency and a representative of a protected consumer (a person younger than 16 or a person represented by a guardian or advocate under chapter 39, 393, 744 or 914) asks you to freeze the protected consumer's file, place a security freeze on the consumer report within 30 days after confirming the authenticity of the request, and where you hold no report, create a record for the protected consumer and freeze the record (Florida Statutes Section 501.0051(1)(c), (3), (4)).
- Send the representative written confirmation within 10 business days after you institute the freeze, with instructions for removing it and a unique personal identifier (Section 501.0051(5)).
- Do not state or imply to any person that a security freeze reflects a negative credit score, history or rating (Section 501.0051(6)).
- Remove a freeze within 30 days after you receive a removal request that carries the proof of identification, proof of authority and personal identifier the section requires (Section 501.0051(7)).
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Logging duty
Section 501.0051 requires a consumer reporting agency to freeze a protected consumer's report or record at a representative's request and to confirm and remove the freeze. The record the agency creates for a protected consumer holds a freeze and may not be used to consider credit worthiness, and it is not a log of processing. The section names no duty to keep a log or a record of requests and gives no body a power to inspect one.
- Kind
- None
- As of
What this law does
A protected consumer is a person younger than 16 years of age at the time a security freeze request is made or a person represented by a guardian or other advocate under chapter 39, 393, 744 or 914. If a consumer reporting agency has no consumer report for the protected consumer when it receives a request, it must create a record for the protected consumer and place a security freeze on the record. The agency must place the freeze within 30 days after confirming the authenticity of the request.
The agency must send written confirmation to the representative within 10 business days after instituting the freeze, with instructions for removing it and a unique personal identifier. The agency must remove a freeze within 30 days after receiving a removal request from a protected consumer or the representative. The agency may not state or imply to any person that a security freeze reflects a negative credit score, a negative credit history, or a negative credit rating.
When LexLint raises it
When your app profile says your app provides financial services or serves under-18s.