Employee Privacy: Florida

Federal law and guidance on this subject should be reviewed together with this section.

Author: Phillip B. Russell, Ogletree Deakins

Updating Author: Brightmine Editorial Team

Summary

• Florida has additional privacy protections based on its Constitution, statutes and common law. See Florida Constitutional Right to Privacy and Protection Against Unreasonable Search and Seizure.
• Public employees have greater protections than private sector employees from invasion of privacy and from unreasonable searches by government employers. See Florida Constitutional Right to Privacy and Protection Against Unreasonable Search and Seizure.
• Monitoring employees in Florida requires balancing privacy rights of employees against the need to prevent possible claims based on employee misconduct and negligent hiring. See Background Checks.
• Most Florida employers may not search private vehicles in employer parking lots for concealed weapons. See Monitoring and Protecting Employee Privacy.
• Interception and disclosure of electronic communications requires consent of all parties to a private conversation. See Florida's Counterpart to the Federal Electronic Communications Privacy Act.
• Florida statutes provide protections against several categories of computer surveillance or destructive activities. See Computer-Related Crimes.
• Florida has criminal penalties for video voyeurism. See Criminal Penalties for Video Voyeurism.
• Conducting effective background checks in Florida requires balancing privacy rights of employees against the need to prevent possible claims based on employee misconduct and negligent hiring. See Background Checks.
• Applicants for employment do not need to reveal sealed arrest and conviction records except in limited situations. See Arrest and Conviction Records.
• Statutory requirements apply to private employers choosing to establish drug-free programs to obtain discounts in workers' compensation premiums and to deny medical and indemnity benefits under the workers' compensation laws. See Drug and Alcohol Testing.
• Employers must notify employees if personal information is released to an unauthorized person. See Recordkeeping and Safeguarding Employee Records and Confidential Information.
• Florida imposes restrictions on surveillance beyond those established by federal law. See Florida's Counterpart to the Federal Electronic Communications Privacy Act.
• Florida law gives covered Florida consumers privacy rights with respect to their personal data but does not apply to employment-related data. See Florida Digital Bill of Rights.