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Florida’s Legislature Takes Gigantic Detour in Privacy Law [Lowndes Tech]

April 07, 2021

Lowndes attorney Drew Sorrell discusses the major changes to House Bill 969 and what the new language means for businesses and consumers.
Turns out that Florida’s greatest rivalry is not between FSU and UF. Rather, it appears to be between businesses and consumers. At least, that is how it appears to be if you examine the Florida Legislature’s latest maneuverings on the proposed Florida Consumer Data Privacy Act.

If you have read my previous writings on this subject or watched the video, you may safely skip the next two paragraphs. In February, the Legislature took up consideration of a bill (in both Houses) that would have aligned Florida with California and Europe in its treatment of consumer privacy. Consumers would have rights concerning the data that businesses possess about them. Governor DeSantis stood behind the bill apparently as a means of striking back at evil “Big Tech” (full disclosure, I am a tech and data governance lawyer).

The proposed law in its previous form (foreshadowing here) would have applied to for-profit businesses that met certain revenue thresholds, possessed a certain number of Florida consumer records, or exceeded a certain percentage of its business that was data sales or sharing. The original bill would have allowed a private right of action that the Plaintiff’s Bar would get to enforce, as well as enforcement by the Florida Department of Legal Affairs.

Well, you may be able to forget at least some of that. [Read more]

This is an excerpt from a blog post originally written on Lowndes Tech.

This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Drew

Drew Sorrell is a seasoned business lawyer with particular expertise in technology, cybersecurity and privacy issues. With an MBA in marketing and finance, he approaches clients’ legal issues with both a practical business bent and a self-described geeky love of technology.

Drew enjoys working with CLO’s, CIO’s, CTO’s and technology owners at businesses of all sizes in every phase of their legal needs. He assists them on the front end, drafting and negotiating software licenses, Internet service provider agreements, data privacy/breach policies and procedures, and employment/services agreements as well as the indemnity and insurance coverage related to those agreements. He advises clients on the GDPR and state-specific regulations, penetration testing and security audits. He also has years of experience handling matters when things go wrong, including data breaches, privacy issues and other technology or software problems.

A founding member of the Sedona Conference Group 11 (Privacy/Data Security), Drew is frequently asked to speak and write on legal and ethical issues arising from technology, including unfair and deceptive trade practices, data breach, privacy, data governance, and technology contract drafting. He is chair of the firm’s multi-disciplinary Data Governance Group as well as the past chair of the Orange County Bar Association’s Intellectual Property, Business Law and Technology Committees.

Outside the technology arena, Drew has substantial expertise in both contracts and commercial litigation. In addition, he has experience assisting clients with government contracting. Drew began his legal career as a judicial clerk to Senior United States District Judge John H. Moore II, in Jacksonville, Florida, and then practiced with an AmLaw top 10 firm in Manhattan. After a stint as an assistant county attorney responsible for day-to-day legal advice and litigating civil issues for the county, Drew returned to Lowndes. Drew is admitted to practice in Florida, New York and the District of Columbia.

Born in Florida, Drew roots for his adopted football team—the FSU Seminoles (because neither Rollins nor George Washington has a football team). He is a proud father of two sons who play basketball and soccer, make great grades and generally keep him on his toes.

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