Florida Privacy laws & HR compliance analysis

Florida Privacy: What you need to know

The Florida Constitution expressly recognizes the right to privacy (FL Const. Art. 1, Sec. 23). Many jurisdictions recognize four separate invasion of privacy claims. However, the Florida Supreme Court has expressly rejected a cause of action for publicity that places an individual in a false light (Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008)). The three invasion of privacy claims that are recognized by the Florida courts include:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts; and
• Appropriation of one's name or likeness.
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Subject to certain exceptions, Florida expressly prohibits any person from publishing, printing, displaying, or otherwise publicly using for trade, commercial, or advertising purposes, the name, portrait, photograph, or other likeness of any person without express written or oral consent given by:
• The person;
• Any person, firm, or corporation that is authorized to license the commercial use of that person's name or likeness; or
• If the person is deceased, any person, firm, or corporation authorized in writing to license the commercial use of her or his name or likeness, or if no person, firm, or corporation is so authorized, by his or her surviving spouse and surviving children (FL Stat. Sec. 540.08).
Identity theft, or the fraudulent use of personal identification (ID) information, is illegal in Florida. A person is guilty of this crime when he or she willfully and without authorization fraudulently uses, or possesses with the intent to fraudulently use, personal ID information concerning another person (including a business) without first obtaining that person's consent (FL Stat. Sec. 817.568). It is also unlawful for any ...

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