Law note · Florida
Florida Digital Bill of Rights, sensitive data and biometric data definitions
For a qualifying controller, FDBR classifies data revealing racial or ethnic origin, religious beliefs, a mental or physical health diagnosis, sexual orientation, or citizenship or immigration status, genetic or biometric data processed to uniquely identify an individual, a known child's personal data, and precise geolocation data as sensitive data, which may not be processed without the consumer's prior consent.
'Biometric data' means data from automatic measurement of biological characteristics used to identify a person, including fingerprints, voiceprints, or eye retinas or irises, but the definition carries a blanket, unconditional exclusion for physical or digital photographs, video or audio recordings, or data generated from either, with no clawback for data generated to identify someone.
A voiceprint or faceprint extracted from a recording for identification purposes is therefore categorically outside biometric, and so sensitive, data here, the opposite posture from Connecticut's and Delaware's clawback structure. A controller may not sell sensitive personal data without prior consent and must display the notice "NOTICE: This website may sell your sensitive personal data" before doing so.
What it asks of an app
- Obtain a qualifying Florida consumer's consent before processing sensitive data, including genetic or biometric data collected to uniquely identify the individual, if you meet FDBR's $1 billion-plus controller threshold.
- Do not treat an identifier derived solely from a photograph, video, or audio recording as FDBR biometric data. The definition excludes any data generated from such a recording, with no exception for data generated to identify someone.
- Display the notice "NOTICE: This website may sell your sensitive personal data" and obtain consent before selling a qualifying consumer's sensitive personal data.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official Florida statute text, Florida Statutes, Florida Legislature