Florida: AI health laws

SB 262, Technology Transparency (Florida Digital Bill of Rights)

Gives consumers rights to access, correct, delete and port their personal data and to opt out of targeted advertising, sale, profiling in furtherance of decisions with legal or similarly significant effects, collection of sensitive data and collection through voice or facial recognition features, requires consent to process sensitive data, including data revealing a mental or physical health diagnosis, and bars any for-profit business from selling sensitive data without consent and requires it to post a notice if it sells such data.

Physician read. HIPAA protected health information and health records are exempt, and the act's core duties reach only the largest technology companies. Since July 1, 2024, any for-profit business that collects Floridians' personal data must get consent before selling sensitive data, such as data revealing a health diagnosis, and must post a notice if it sells such data.

Applies to: For-profit businesses with more than $1 billion in global gross annual revenue that also earn at least half of it from online advertising, operate a smart speaker and voice assistant service, or run an app store with at least 250,000 apps; the sensitive-data sale rules reach any for-profit business that collects Floridians' personal data

Notes: Chapter 2023-201, Laws of Florida, approved June 6, 2023, and effective July 1, 2024, except as otherwise provided. The Department of Legal Affairs enforces it alone, with civil penalties up to $50,000 per violation, tripled in listed cases such as violations involving known children, and the act creates no private cause of action (§ 501.72). The same act restricts online platforms likely to be predominantly accessed by children and limits government requests to social media platforms; those parts are not entered separately. Profiling is defined as solely automated processing to evaluate or predict personal aspects, including health.