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Can I use third-party social media tools that collect personal information in Florida? What are the requirements?

Requirements for Using Third-Party Social Media Tools that Collect Personal Information in Florida

To use third-party social media tools that collect personal information in Florida, businesses must comply with the requirements set forth in the Florida Consumer Privacy Act (FCPA) [1.1]. The FCPA applies to any business that satisfies at least one of the following thresholds: (a) has annual gross revenues in excess of $100 million, as adjusted in January of each odd-numbered year to reflect any increase in the Consumer Price Index; or (b) has at least 100 million monthly individual platform participants globally [1.1].

Under the FCPA, businesses must provide privacy notices that include the categories of nonpublic personal financial information that the licensee collects, discloses, and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information [2.2]. Additionally, businesses must comply with the requirements set forth in the FCPA regarding the collection, use, and disclosure of personal information [1.1].

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 [2.1]. The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information, and the licensee may disclose and use the information pursuant to an exception in rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information [2.1].

Therefore, before using third-party social media tools that collect personal information in Florida, businesses must ensure that they comply with the FCPA’s requirements and the limitations on the disclosure and use of nonpublic personal financial information [1.1][2.1].

Source(s):
Jurisdiction

Florida