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OCR Faults Business's Data Security Practices After Ransomware Attack

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced its first settlement agreement related to a ransomware attack. But it was not the ransomware that triggered OCR’s enforcement...more

Website Privacy Litigation [Audio]

Shook lawyers explore some of the hottest privacy issues business owners and in-house counsel need to know to help mitigate exposure. Chief among them, website privacy litigation and pixel class actions. Shook Privacy and...more

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert...more

Florida’s New Ransomware and Cybersecurity Requirements/Restrictions

Florida state agencies and local governments are now subject to new cybersecurity requirements and prohibitions that went into effect on July 1, 2022. These new amendments to Florida’s State Cybersecurity Act (“the...more

Florida Data Privacy Legislation Fails (Again)

Florida will not pass a comprehensive data privacy law for the second year in a row. It will be easy for some to speculate that the bill died because the House insisted on a private right of action. That speculation would be...more

The Florida House Passes Data Privacy Legislation (Again)

The Florida House of Representatives today passed HB 9 by a vote of 103 to 8. The bill would be Florida’s first “comprehensive” data privacy law. You can read this post to learn more about what the bill would do; this one for...more

HB 9 Moves to House Floor, Democratic Opposition Emerges

It was a busy week for HB 9 in Tallahassee. There was a strike-all amendment, several proposed unfriendly amendments, a House Judiciary Committee meeting, a second strike-all, more unfriendly amendments, and a date for a...more

HB 9 – why you should care about “share”, and one more consideration

In my last post, I wrote about my impression that legislators and staff do not intend for HB 9 to apply to companies that merely “receive” personal information (i.e., those that do not engage in buying or selling personal...more

The Future Comes Into Focus For HB 9

Last week, HB 9 (the leading privacy bill on the House side of the Florida legislature) made its first of two committee stops in the House Commerce Committee. The bill passed unanimously. Just as important, however, the...more

Comparing Florida’s Two Leading Privacy Bills

The Florida House of Representatives has introduced its version of a comprehensive privacy law (HB 9 – no fancy acronym, unlike the FPPA in the Senate). This blog post will explain the key differences between the House and...more

Florida House Data Privacy Bill Released

The Florida House of Representatives has released its version of a proposed comprehensive privacy law. Coming in at 31 pages, HB 9 is sponsored by Representative McFarland (a champion of data privacy on the House side). On...more

Will The FPPA Be Florida’s First Comprehensive Privacy Law?

This blog post will summarize Senate Bill 1864, released on Friday, which is the first “comprehensive” privacy bill to be released in advance of the 2022 Florida legislative session. This is a long post, so I begin with a...more

“Hogs Get Slaughtered” – The Story of Florida Privacy Legislation

The Florida privacy legislation appears to be dead, and the best way to explain it is with the southern adage that “pigs get fat, hogs get slaughtered.” With a strong privacy bill in hand that gave privacy advocates 95% of...more

Florida Privacy Bill Passes Penultimate Legislative Hurdle; Significant Implications Follow

By a vote of 29-11, the Florida Senate passed its version of HB 969 and sent the bill back to the House for consideration of the rewritten version. At this point, there are only two legislative options remaining: (1) the...more

What Just Happened With Florida Privacy Legislation?

With only three days left in the legislative session, and on the morning when my Op-Ed was published by the Tallahassee Democrat, the Florida Senate weighed in on the House’s passage of HB 969. There were two ways it could...more

The Long Game: Why Parler Has Everything To Do With Florida’s Privacy Legislation

Within the week, we will know whether Florida will adopt the most aggressive privacy law in the country, something more moderate, or nothing at all. But an issue that has not received enough attention is the reason HB 969 and...more

HB 969 Passes the House; Eyes Turn to Senate and “The Big Dog”

The Florida House of Representatives has officially passed HB 969, which would create the most aggressive privacy law in the United States. The bill would apply to companies that generate $50 million or more in annual gross...more

With Clock Ticking, Florida House Version of Privacy Law Nears Passage

Despite concerns expressed by House Democrat Ben Diamond about the private right of action, HB 969 passed second reading in the Florida House of Representatives today. The bill now moves to a 3rd reading, which is the last...more

Have Privacy Advocates Found A New Path Forward in Red States?

Today, the Florida House of Representatives Commerce Committee voted unanimously to allow HB 969, which would be the most aggressive privacy law in the country, to move forward for a full House floor vote. This post explains...more

Momentum Slows for Florida Privacy Law; What’s Next?

The Florida Senate appears poised to hit the brakes on privacy legislation that has thus far soared through committees in both legislative chambers. The House version (HB 969) and the Senate Version (SB 1734) would have not...more

Senate Version of Florida Privacy Law Moves Forward; House Version Makes Class-Action Lawsuits Even Easier

The Florida Senate’s version of a new comprehensive privacy law (a.k.a. the “Florida Privacy Protection Act” (FPPA)) passed unscathed out of the Senate’s Committee on Commerce and Tourism yesterday. The bill’s sponsor fought...more

California AG Approves Additional CCPA Regulations

The California Attorney General has approved some modifications to regulations of the California Consumer Privacy Act (CCPA). The four new changes, which become effective today, are described by the California AG as...more

Florida Privacy Legislation Moves Forward

HB 969, a comprehensive privacy law that would immediately become the most onerous in the United States, sailed through the Florida House of Representatives’ Regulatory Reform Subcommittee yesterday....more

Five Ways To Improve Florida’s Proposed Privacy Law

The Florida Legislature is considering a comprehensive privacy law (HB 969) that would fundamentally change the landscape of how/whether companies do business in Florida. The bill is largely a “cut-and-paste” of the...more

Florida Throws Its Hat Into the Privacy Ring, And It’s Looking A Lot Like California

Yesterday, the Governor of Florida threw his support behind a newly introduced consumer data privacy bill (HB 969) which is very similar to the California Consumer Privacy Act of 2018. The Governor’s support is a significant...more

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