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Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation — which is yet to be named but for our purposes will be referred to as the 2020 Florida Consumer Privacy Act — appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information. The Act is therefore distinguishable from the California Consumer Privacy Act (CCPA) and more akin to the California Online Privacy Protection Act (CalOPPA).
Florida joins a number of other states considering consumer privacy legislation, including Illinois, Washington, Nebraska, New Jersey, New Hampshire, Virginia and Hawaii.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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