The Florida Digital Bill of Rights (FDPA) explicitly excludes data processing activities performed "solely" for measuring or reporting advertising performance, reach, or frequency from its scope.

Text of Relevant Provisions

FDPA Sec.501.703(2)(f)(2):

(2) This part does not apply to any of the following:

(f) The processing of personal data:

*2. Solely for measuring or reporting advertising performance, reach, or frequency.

Analysis of Provisions

The provision in FDPA Sec.501.703(2)(f)(2) carves out a specific exception to the general applicability of the Florida Digital Bill of Rights. This exception is categorical, meaning as long as the processing activities fall strictly within the defined scope — “Solely” for the stated purposes — the FDPA's provisions do not apply.

The rationale behind this exclusion likely stems from the legislature's intent to balance consumer privacy with the needs of businesses engaged in digital advertising. Measuring and reporting advertising metrics often involve processing personal data, but this processing is generally considered less privacy-intrusive compared to other activities covered by the FDPA, such as targeted advertising based on sensitive personal information.

Implications

This exclusion has significant implications for businesses operating in Florida's digital advertising ecosystem:

• Companies focused solely on providing advertising analytics and reporting services to other businesses likely fall outside the scope of the FDPA. This means they may have fewer obligations related to data subject rights, data security, and other requirements stipulated in the law.
• However, the exclusion is narrow. If a company combines the processing of personal data for advertising metrics with other purposes, such as building user profiles for targeted advertising or other data processing activities not explicitly excluded, the FDPA will likely apply to all its data processing activities.
• The use of the word "solely" emphasizes the limited nature of this exclusion. For example, a company using personal data to measure ad performance but also using the same data to create detailed user profiles for behavioral targeting would not qualify for this exemption.

Companies, particularly those engaged in data-driven advertising activities, must carefully assess their data processing practices to determine whether they fall within the scope of this specific exclusion or are subject to the full range of obligations under the Florida Digital Bill of Rights.