Internet Privacy Law – Florida Internet Privacy Law
The flow of information from internet usage and ‘ Internet of Things’ is easily accompanied with its collection and systemic use for other purposes. Digital profiles are created with every online user’s key stroke, site visited, and key word used. In 2015, the Florida Legislature addressed many aspects of privacy. It addressed systemic data gathering; data breaches; law enforcement use of RFID technology, school records privacy, portable electronic devices; and the use of identifiers by electronic communications services.
The 2015 Florida Legislature promulgated the Florida Privacy Protection Act. The Act establishes Section 934.60, Florida Statutes, prohibiting electronic communications providers providing third parties with information that reveals the IP of users without the express permission of the subscriber or customer. Each violation will entitle the person to recover $10,000 penalty and civil actions must commence within 2 years of the date of the disclosure. The Act construes digital data as property that is constitutionally protected from unreasonable search and seizure.
Specifically, the Act establishes the following: Section 933.41, Florida Statutes, relating to prohibition against searches using wall-penetrating radar device; Section 934.60, Florida Statutes, pertaining to IP address privacy and the identification of users without their express consent; Section. 934.70, Florida Statutes, regarding PEDs “portable electronic device” privacy; and Section 1002.227, Florida Statutes, addressing contract requirements relating to student data usage. The FPPA also places restrictions on the use of RFID by the Department of Highway Safety and Motor Vehicles. The Act became effective July 1, 2015.