![]() This is why vendor risk management is so important. The third-party agent may notify affected individuals and the Attorney General on behalf of the covered entity, but the agent’s failure to provide proper notice has been deemed a violation against the covered entity. Upon receiving notice of the breach, covered entities become responsible for providing the required notices within the stipulated 30-day period. Third parties contracted to maintain, store or process personal information or security systems for covered entities have up to 10 days to report breaches to said entities. What are the FIPA Requirements for Third Parties? ![]() It's important to understand these penalties are enforced for failure to comply with any FIPA notice requirements, including late or incomplete notice, and they do not depend on the number of people affected. ![]() A maximum penalty of $500,000 for violations exceeding 180 days.$50,000 for each 30-day period up to 180 days.While FIPA states it does not create a private cause of action, it does contain provisions authorizing Florida's Department of Legal Affairs to bring an enforcement action against entities committing statutory violations.Įntities who fail to provide required notices under FIPA violate Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and are subject to non-compliance civil penalties: What are the Penalties for Not Complying With FIPA? Such disposal must involve shredding, erasing, or otherwise modifying the PII in the records to make them unreadable or undecipherable. FIPA also has a proactive component that imposes obligations on covered entities regardless of whether they suffer a breach.Įach covered entity, governmental entity, or third-party agent must take reasonable measures to protect and secure data personal information in electronic form.Īdditionally, covered entities must take reasonable measures to dispose of or arrange for the disposal of customer records containing PII. In addition to the reactive component of FIPA, covered entities must report all data breaches. This means in the event of a security breach, FIPA will apply to any entity which the personal information of Floridians, regardless of the number of people or volume of data. This is an extraterritorial law akin to CCPA, GDPR, LGPD, and the SHIELD Act. This includes covered entities with no physical footprint in Florida. More importantly, FIPA is an extraterritorial law, which means any company that acquires, uses, stores, or maintains the personally identifiable information (PII) of Floridians must comply. ![]() A covered entity is a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity or government entity that acquires, maintains, stores, or uses personal information. Who is Covered Under FIPA?įIPA applies to all covered entities. The Florida Information Protection Act of 2014 (FIPA) came into effect on July 1, 2014, expanding Florida's existing data breach notification statute requirements for covered entities that acquire, use, store or maintain Floridian's personal information.įIPA modified Florida's existing data breach notification law and applies to commercial and government entities.
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