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Can I store personal information about my customers in Florida? What are the requirements?
Storing Personal Information of Customers in Florida
In Florida, a licensee is allowed to store personal information about their customers as long as they comply with the Annual Privacy Notice to Customers Required rule [1.1][2.1].
According to this rule, a licensee must provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. The licensee shall apply it to the customer on a consistent basis. The licensee is not required to provide an annual notice to a former customer [1.1][2.1].
When a licensee is required by this rule to deliver an annual privacy notice, the licensee shall deliver it according to rule 69O-128.010, F.A.C [1.1][2.1].
If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in rule 69O-128.015 or 69O-128.016, F.A.C., the licensee’s disclosure and use of that information is limited [1.3].
Exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information are listed in rule 69O-128.016, F.A.C. [1.2].
Requirements for Storing Personal Information of Customers in Florida
To store personal information about customers in Florida, a licensee must comply with the following requirements:
- Provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship [1.1][2.1].
- Deliver the annual privacy notice according to rule 69O-128.010, F.A.C [1.1][2.1].
- Limit the disclosure and use of nonpublic personal financial information [1.3][1.2].
Therefore, a licensee must ensure that they comply with these requirements when storing personal information about their customers in Florida.
Note that this response is based solely on the provided context documents and may not be exhaustive or applicable to all situations. It is recommended to consult with a legal professional for specific legal advice.
Source(s):
- [1.1] Annual Privacy Notice to Customers Required
- [1.2] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [2.1] Annual Privacy Notice to Customers Required
- [1.3] Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information
Jurisdiction
Florida