(1) A controller in possession of deidentified data shall do all of the following:(a) Take reasonable measures to ensure that the data cannot be associated with an individual.
(b) Maintain and use the data in deidentified form. A controller may not attempt to reidentify the data, except that the controller may attempt to reidentify the data solely for the purpose of determining whether its deidentification processes satisfy the requirements of this section.
(c) Contractually obligate any recipient of the deidentified data to comply with this part.
(d) Implement business processes to prevent the inadvertent release of deidentified data.
(2) This part may not be construed to require a controller or processor to do any of the following:(a) Reidentify deidentified data or pseudonymous data.
(b) Maintain data in an identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data.
(c) Comply with an authenticated consumer rights request under s. 501.705 if the controller:1. Is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
2. Does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and
3. Does not sell the personal data to a third party or otherwise voluntarily disclose the personal data to a third party other than a processor, except as otherwise authorized by this section.
(3) The consumer rights enumerated under s. 501.705(2) and controller duties imposed under s. 501.71 do not apply to pseudonymous data or aggregate consumer information in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separate and is subject to effective technical and organizational controls that prevent the controller from accessing the information. (4) A controller that discloses pseudonymous data, deidentified data, or aggregate consumer information shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the data or information is subject and shall take appropriate steps to address any breach of the contractual commitments.
