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In Miami Beach, the United States, Cyber Law, Data Privacy, and Data Protection laws revolve around the proper use and safeguard of sensitive information in a digital environment. Cyber Law is multi-faceted, encompassing multiple areas such as freedom of expression, data protection, data sovereignty, cybersecurity, intellectual property, and eCommerce. Data Privacy and Data Protection Laws, on the other hand, refer to the right of individuals to control or influence what information related to them may be collected and how it might be used.
People typically need legal help in Cyber Law, Data Privacy and Data Protection in the case of identity theft, unauthorized access, defamation, IP theft, data breach, and other cybercrimes. Additionally, businesses often require legal help to ensure they are complying with state and federal data and privacy regulations. Failure to comply can result in penalties, damage to reputation, and loss of customer trust.
At the state level, Florida Statute 501.171, known as the "Florida Information Protection Act of 2014", regulates data privacy and protection. It mandates businesses and government entities to take reasonable measures to protect and secure data containing personal information. In terms of cybercrime, Florida's Computer-Related Crimes Act and Florida’s Computer Crime Center are set to protect against unauthorized access, disruption of services, and damage to computer systems or data.
Personal information typically includes data that can identify an individual, such as a person’s name, social security number, driver’s license number, credit card or bank account numbers, and healthcare information.
The Florida Department of Legal Affairs - Office of the Attorney General has jurisdiction over matters related to data protection in Miami Beach, Florida.
If a data breach occurs, it is vital to identify and resolve the vulnerability promptly, notify affected individuals and relevant authorities as per Florida Information Protection Act, and consult with a legal counsel to respond effectively.
As soon as your business collects, stores, uses, or shares personal information, it must comply with relevant data privacy laws.
Under Florida law, affected individuals may be able to file a lawsuit in cases involving a significant data breach, particularly if the business failed to take reasonable measures to protect personal information or didn’t notify individuals promptly after the breach.
Individuals seeking information on Cyber Law, Data Privacy and Data Protection can consult the Electronic Frontier Foundation (EFF), the Federal Trade Commission (FTC), the US Department of Health and Human Services (for health-related data), and Florida's Office of the Attorney General.
Should individuals or businesses need legal assistance in Cyber Law, Data Privacy and Data Protection, it is advisable first to consult with a specialized attorney to understand their rights and obligations. Whomever they consult with should have a solid understanding of both the US and Florida's specific laws in this field. Contact local bar associations for recommended legal professionals who specialize in this area of law.
