Tag Archives: Florida

Strengthened Florida Data Breach Notification Law Signed by Governor Scott

As we reported earlier, Florida lawmakers passed extensive revisions to its existing data breach notification law, SB 1524. On June 20, 2014, Florida’s Governor Rick Scott signed the bill into law, which becomes effective on July 1, 2014. Our earlier post provides more of a discussion about key provisions of the law. But here are a … Continue Reading

Florida Social Media Bill Dies In Committee

As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee.  As such, Florida will not be joining the … Continue Reading

Florida Legislature Seeks to Overhaul Existing Data Security Law

On the heels of recent nationwide data breaches of consumer personal information, the Florida State Senate has proposed SB 1524, which if adopted will become effective on July 1, 2014, to revamp and replace existing state data security law and, in particular, impose a statutory requirement to safeguard personal information, reporting a breach to the … Continue Reading

Facebook Posts Not Discoverable

The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account.  In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident where her … Continue Reading

Facebook Post Breaches Confidentiality Provision of Settlement Agreement

A Florida appellate court has ruled that a teenaged daughter’s post on Facebook mentioning her father’s confidential settlement of an age discrimination claim breached a confidentiality provision in the settlement agreement, barring the father from collecting an $80,000 settlement. Gulliver Schools, Inc. v. Snay, No. 3D13-1952 (Fla 3d DCA Feb. 26, 2014). The plaintiff, Patrick Snay, … Continue Reading

Florida Considers Prohibition on Employers Requesting Access to Social Media Accounts

The Florida Senate is considering joining a multitude of states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, entitled “An Act Relating to Social Media Privacy,” would prohibit employers from requiring or requesting access to employee or applicant social media accounts and from … Continue Reading

Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically

Florida has joined 20 other states have enacted legislation addressing teen sexting. Because employees frequently transmit these materials using their employer's networks, retail, entertainment, hospitality and other industries that traditionally employ large numbers of younger workers may soon get dragged into criminal proceedings because of "sexting" by their younger workers.… Continue Reading

Maryland Restricts Employer Use of Credit History Information

On April 12, 2011, Maryland Governor Martin O’Malley signed into law S.B. 132/H.B. 87. Under this law, Maryland employers, except in limited circumstances, are prohibited from using an individual’s consumer credit history for hiring or other employment purposes.  Beginning October 1, 2011,  employers are prohibited from using credit report data to deny employment, discharge an employee, … Continue Reading

Wondering What To Do With Your “Electronic Waste”?

A new law in New York (eff. April 1, 2011) and a flurry of bills across the country (New Jersey, Nevada, Florida, Connecticut and Oregon) are aimed at requiring businesses to deal with their electronic waste in one form or another. Before discarding that old laptop, businesses should make sure they do so securely and in accordance with applicable state law.… Continue Reading

Florida, Michigan, and Montana Follow National Trend and Consider Banning the Use of Applicant Credit History Background Checks in Hiring Decisions

In the face of increasing unemployment, in March 2011, Florida, Michigan, and Montana joined the ranks of approximately fifteen other states that are considering bills limiting employers’ ability to use credit checks for employment purposes. Florida. Florida’s Senate Bill 1562, introduced on March 3, would prohibit employers from using an applicant’s personal credit history as … Continue Reading

Florida AG Settles Data Breach under “Deceptive and Unfair Trade Practices” Authority

On April 16, 2010, Florida Attorney General Bill McCollum announced a settlement (pdf) with Certegy Check Services, Inc. over how the company secures consumer records. The Attorney General’s enforcement action stems from a massive data breach by a former Certegy employee who stole personal identification information from approximately 5.9 million consumer files. According to the … Continue Reading

Data Security, Destruction and Encryption Leads the Way for States in 2010

Less than one month into 2010 the trend to address data security, destruction, and encryption has continued among state lawmakers. Specifically, Florida, Michigan, Kentucky, Kansas, Pennsylvania, and New York all have introduced, reintroduced, or amended legislation of this kind.  The Florida and Michigan laws would amend personal data destruction rules for companies. The New York law … Continue Reading
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