Privacy Policies and Online Data Privacy Statements

What do privacy policies and online data privacy statements entail?  

Privacy policies and online data privacy statements outline an organization’s commitment to protecting the privacy of its customers, clients, or users and complying with industry and legal standards. These policies and statements typically include information about: 

• The types of personal information the organization collects and how it uses it. 
• 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 data-gathering methods including, but not limited to, the use of cookies and tracking technologies.  
• 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 

We use the personal information we collect to provide you with our services and improve your experience. These additional services may include 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. 

Creation and management of privacy policies and online data privacy statements require a thorough understanding of Florida privacy laws and regulations. Effective management also requires understanding 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. 

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 regarding creating and managing privacy policies and online data privacy statements?  

When organizations create and manage their privacy policies and online data privacy statements, they should ensure a thorough review of the following considerations: 

• Compliance with privacy laws and regulations like the Florida Information Protection Act of 2014 (FIPA). 
• Ensuring the privacy policy accurately reflects the company’s data collection, storage, and usage practices. 
• Obtaining informed consent, when necessary, 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 promptly 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 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 lawful requests for information. 
• Keeping privacy policies and statements updated to reflect technology and business practice changes. 

What relevant laws relate to creating and managing privacy policies and online data privacy statements in Florida? 

The following statutes are commonly implicated in data breaches and are therefore crucial 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 Florida residents’ personal information (PI). 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 prohibiting deceptive or unfair business practices, including failing 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 electronic signatures and records’ use and legal recognition. Organizations that use electronic records or signatures may be subject to specific obligations under the ETA, including the need to protect personal information and notify affected individuals in the event of a data breach. 

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

In Florida, to prove a case of a data breach, a plaintiff must typically establish the following elements: 

• The data breach compromised the plaintiff’s personal information;  
• 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; and  
• The plaintiff suffered harm from 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 
• Injunctive relief: 
• Statutory damages  
• Punitive damages  
• Attorney’s fees and costs 

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 the following:  

• Lack of causation: The defendant may argue that they were not responsible for the data breach and that their conduct did not cause any resulting harm. 
• Plaintiff’s conduct: Alternatively, the defendant may contend the plaintiff’s conduct (e.g., failure to secure their personal information properly) contributed to the data breach. 
• Compliance with industry standards: Sometimes, the defendant will assert they followed industry standards and best practices for data security and that any failure on their part did not cause the data breach. 
• Unforeseeable events: An unpreventable, unforeseeable event, such as a natural disaster or a particular type of cyberattack, may be the basis of another defense.  
• Statute of limitations: If sufficient time passes, the defendant may argue that the statute of limitations bars the plaintiff’s claims.  

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.