Creation and management of privacy policies and online data privacy statements

What is the creation and management of privacy policies and online data privacy statements?

The creation and management of privacy policies and online data privacy statements refers to the process of developing, implementing, and maintaining policies and statements that outline an organization’s commitment to protecting the privacy of its customers, clients, or users, as well as complying with industry and legal standards. These policies and statements typically include information about:

• The types of personal information that the organization collects and how it is used.
• The steps the organization takes to protect the security of personal information.
• The rights of individuals to access and control their personal information.
• The process for handling privacy complaints or questions.
• The organization’s use of cookies, tracking technologies, and other data-gathering methods.
• The organization’s compliance with privacy laws and regulations.

For example, a privacy statement dealing with the collection and use of customer data may read as follows:

Information Collection

We collect personal information such as name, email address, and phone number when you sign up for our services or make a purchase. We may also collect additional information, such as your location, if you use certain features of our services.

Information Use

The personal information we collect is used to provide you with our services and to improve your experience with us. This may include sending you notifications, marketing materials, or customized content. We will not sell or share your personal information with third parties without your consent, except in the cases outlined in this privacy policy.

The creation and management of privacy policies and online data privacy statements requires a thorough understanding of privacy laws and regulations, as well as the specific needs and requirements of the organization and its customers, clients, or users. It also requires ongoing attention to ensure that the policies and statements remain up-to-date and relevant as privacy laws and regulations evolve over time.

Need help creating and managing privacy policies? Schedule your consultation today with a top Data Privacy and Cybersecurity Law attorney.

What legal considerations typically arise related to the creation and management of privacy policies and online data privacy statements?

The following considerations are among the most common regarding the creation and management of privacy policies:

• Compliance with privacy laws and regulations such as the Florida Information Protection Act of 2014 (FIPA).
• Ensuring that the privacy policy accurately reflects the data collection, storage, and usage practices of the company.
• When necessary, obtaining informed consent from users for the collection and use of their personal information.
• Protecting sensitive personal information, such as financial information, medical records, and personal identification numbers.
• Providing users with access to their personal information and the ability to request its correction or deletion.
• Disclosing data breaches in a timely manner and implementing appropriate measures to prevent future breaches.
• Addressing cross-border data transfer and ensuring that personal information is protected when transferred outside of the jurisdiction.
• Ensuring that third-party service providers, such as cloud providers, comply with the privacy policy.
• Addressing conflicts between privacy policies and other legal obligations, such as responding to legal requests for information.
• Keeping privacy policies and statements updated to reflect changes in technology and business practices.

What are relevant laws related to the creation and management of privacy policies and online data privacy statements in Florida?

The following statutes are commonly implicated in data breaches and are therefore important for compliant management and storage of data within an organization:

• Florida Information Protection Act of 2014 (FIPA): FIPA is the primary law in Florida that governs data breaches involving the personal information (PI) of Florida residents. It requires organizations to notify affected individuals and the Department of Legal Affairs in the event of a data breach and also establishes specific security standards for protecting personal information.
• Florida Deceptive and Unfair Trade Practices Act (FDUTPA): FDUTPA is a consumer protection law that prohibits deceptive or unfair business practices, including the failure to protect personal information. Organizations that fail to comply with their obligations under FIPA may be subject to legal action under FDUTPA.
• Uniform Electronic Transactions Act (ETA): The ETA governs the use of electronic signatures and electronic records, and provides for the legal recognition of electronic signatures and records. Organizations that use electronic records or signatures may be subject to specific obligations under the ETA, including the need to protect personal information and to notify affected individuals in the event of a data breach.

What is required to prove a case of data breach in Florida?

In Florida, to prove a case of data breach, each of the following elements must typically be established:

• The plaintiff’s personal information was compromised during a data breach.
• The defendant had a duty to maintain the security of the plaintiff’s personal information.
• The defendant failed to fulfill this duty, resulting in a data breach.
• The plaintiff suffered harm as a result of the data breach, such as identity theft or financial loss.

When a set of facts is appropriate to meet the requirements of a data breach, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies, such as:

• Monetary damages: The plaintiff may be entitled to recover compensation for any financial losses, such as unauthorized charges or expenses related to correcting the damage caused by the data breach.
• Injunctive relief: The court may order the defendant to take specific actions to prevent future breaches or to correct the current breach.
• Statutory damages: Plaintiffs may be entitled to recover damages that are established by statutory law.
• Punitive damages: In some cases, the plaintiff may be able to recover punitive damages, which are intended to punish the defendant and deter similar conduct in the future.
• Attorneys’ fees and costs: In some cases, the plaintiff may be able to recover their attorneys’ fees and costs associated with bringing the case.

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to data breach Claims in Florida?

The primary defenses to data breach claims in Florida include:

• Lack of causation: The defendant may argue that they were not responsible for the data breach, and that any resulting harm was not caused by their conduct.
• Plaintiff’s own conduct: The defendant may argue that the plaintiff’s conduct, such as failure to properly secure their personal information, contributed to the data breach.
• Compliance with industry standards: The defendant may argue that they followed industry standards and best practices for data security, and that the data breach was not caused by any failure on their part.
• Unforeseeable events: The defendant may argue that the data breach was caused by an unforeseeable event, such as a natural disaster or a cyberattack, and that they could not have prevented it.
• Statute of limitations: The defendant may argue that the plaintiff’s claims are barred by the statute of limitations, which is the time period during which a legal action must be brought.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about a data privacy and cybersecurity law-related situation?

Crucially, this overview of the creation and management of privacy policies and online data privacy statements does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.