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Can I collect personal information from my customers in California in Florida? What are the requirements?

Collecting Personal Information from Customers in California while in Florida

If you are collecting personal information from customers in California while in Florida, you must comply with the California Consumer Privacy Act (CCPA) [1.1]. The CCPA applies to businesses that collect personal information from California residents and meet certain criteria, such as having annual gross revenues of over $25 million, buying, receiving, or selling the personal information of 50,000 or more California residents, households, or devices annually, or deriving 50 percent or more of their annual revenues from selling California residents’ personal information.

Under the CCPA, you must provide California residents with a privacy notice that describes the categories of personal information you collect, the purposes for which you use the information, and the categories of third parties with whom you share the information [1.3]. You must also provide California residents with the right to opt-out of the sale of their personal information and the right to request that you delete their personal information [1.1].

To comply with the CCPA, you should review your data collection practices and update your privacy notice to include the required information. You should also implement processes to respond to opt-out and deletion requests from California residents.

Requirements for Collecting Personal Information in Florida

In Florida, there is no comprehensive data privacy law that applies to all businesses [1.1]. However, certain industries, such as healthcare and financial services, are subject to federal and state data privacy laws and regulations.

If you are collecting personal information in Florida, you should take reasonable measures to protect the confidentiality and security of the information [1.3]. You should also provide customers with a privacy notice that describes the categories of personal information you collect, the purposes for which you use the information, and the categories of third parties with whom you share the information [1.3].

Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

If you are collecting nonpublic personal financial information, you must comply with the limits on redisclosure and reuse of nonpublic personal financial information [1.2][2.1][3.1]. These limits apply to licensees who receive nonpublic personal financial information from nonaffiliated financial institutions. The limits vary depending on whether the information is received under an exception or outside of an exception.

Conclusion

If you are collecting personal information from customers in California while in Florida, you must comply with the CCPA. In Florida, there is no comprehensive data privacy law that applies to all businesses, but you should take reasonable measures to protect the confidentiality and security of personal information and provide customers with a privacy notice. If you are collecting nonpublic personal financial information, you must comply with the limits on redisclosure and reuse of nonpublic personal financial information.

Source(s):
Jurisdiction

Florida, California