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Can I collect personal information from participants in Florida? What are the requirements?
Based on the context documents provided, you can collect personal information from participants in Florida, but there are several requirements and exceptions to consider.
Requirements for Collecting Personal Information in Florida
Initial Notice and Opt-Out Requirements
If you are a licensee collecting nonpublic personal financial information about a consumer, you must provide an initial notice to the consumer as required under rule 69O-128.005, F.A.C. [1.3]. Additionally, you must provide an opt-out notice as required in rule 69O-128.008, F.A.C. [1.3]. You must also give the consumer a reasonable opportunity, before disclosing the information to a nonaffiliated third party, to opt out of the disclosure [1.3].
Exceptions to Opt-Out Requirements
There are several exceptions to the opt-out requirements for disclosing nonpublic personal financial information. For example, the opt-out requirements do not apply when a licensee discloses nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction [1.1].
Confidentiality Requirements
If you are collecting personal financial and health information, you must comply with the confidentiality requirements set forth in Section 624.23, F.S. [1.2][3.1]. Additionally, certain information held by an agency for the purpose of voter registration is confidential and exempt from public records requirements [4.1].
Cybersecurity Information
If you are collecting personal information electronically, you must comply with the cybersecurity requirements set forth in FLCL 119.0725 [5.1].
Protected Records Voter Information
If you are collecting voter information, you must comply with the requirements set forth in FLREG 2A-7.009 [6.1].
Conclusion
In summary, if you are collecting personal information from participants in Florida, you must provide an initial notice and opt-out notice to the consumer, unless an exception applies. Additionally, if you are collecting personal financial and health information, you must comply with the confidentiality requirements set forth in Section 624.23, F.S. and certain information held by an agency for the purpose of voter registration is confidential and exempt from public records requirements. If you are collecting personal information electronically, you must comply with the cybersecurity requirements set forth in FLCL 119.0725. If you are collecting voter information, you must comply with the requirements set forth in FLREG 2A-7.009.
Source(s):
- [1.1] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [1.2] Confidentiality of Personal Financial and Health Information Pursuant to Section 624.23, F.S
- [3.1] Confidentiality of Personal Financial and Health Information Pursuant to Section 624.23, F.S
- [4.1] Public records exemption; information regarding voters and voter registration; confidentiality.
- [5.1] Agency cybersecurity information; public records exemption; public meetings exemption.
- [1.3] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
- [6.1] Maintaining Protected Records Voter Information
Jurisdiction
Florida