Florida “Privacy Protection Act” aims to protect privacy and prevent warrantless surveillance

HB 571 – Personal Privacy – “Florida Privacy Protection Act” 

General Bill by Rodrigues, R.

Personal Privacy: Designates act as “Florida Privacy Protection Act”; provides that digital data is protected from unreasonable search & seizure; prohibits certain government agencies from selling personal information; prohibits use of certain radar devices by law enforcement agency without warrant; prohibits disclosure of certain Internet protocol addresses; regulates collection of images from unmanned aircraft; restricts searches of portable electronic devices; prohibits government entities from entering into nondisclosure agreements with vendors of device monitoring equipment; provides that evidence unlawfully collected is not admissible; prohibits certain state agency use of license plate readers; requires school district contracts involving student data to contain provision barring contractors from selling data; provides that student data shall not be provided to Federal Government or commercial interests without written permission of parent or guardian, or of student; prohibits companies from mining student data; prohibits DHSMV from incorporating certain devices into driver license or identification card; prohibits DHSMV from collecting fingerprints or DNA material for certain purposes.

Effective Date:  July 1, 2015

Last Event:  Died in Judiciary Committee on Tuesday, April 28, 2015 1:15 PM

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HB 571 addresses several privacy issues, including the use of automatic license plate readers (ALPR), which store photographs, the license plate numbers, and the date, time, and location of vehicles. A single scanner can capture hundreds of license plate numbers in a matter of hours. HB 571 also prohibits the use of wall-penetrating radar (with allowed exceptions). HB 571 prohibits collection of electronic data without a warrant and make any warrantless data obtained by a state agency inadmissible in court.