Catalog / Tracks devices / LXD-2450

Tracks devices, in Florida

Florida Information Protection Act, data security and disposal dutysince 4 lines

Fla. Stat. § 501.171(2), (8) · Read the law's page

  • This binds each covered entity (a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or uses personal information), each governmental entity, and each third-party agent, for the data-security duty; the disposal duty binds a covered entity or third-party agent, and its own text does not separately name a governmental entity.
  • Take reasonable measures to protect and secure data in electronic form containing personal information. The statute states no further content for what 'reasonable' requires beyond this general standard.
  • Take all reasonable measures to dispose, or arrange for the disposal, of customer records containing personal information within your custody or control once the records are no longer to be retained, by shredding, erasing, or otherwise modifying the personal information to make it unreadable or undecipherable through any means.
  • A violation of either duty is enforced only by the Department of Legal Affairs, as an unfair or deceptive trade practice under Fla. Stat. 501.207; there is no private right of action. A willful violation draws a civil penalty of up to $10,000 under the Florida Deceptive and Unfair Trade Practices Act's general penalty provision, Fla. Stat. 501.2075; the $500,000-capped penalty Fla. Stat. 501.171(9)(b) sets applies only to a violation of the separate breach-notification duty in subsection (3) or (4).
Tracking Devices and Tracking Applications Without Consentsince 4 lines

Fla. Stat. § 934.425 · Read the law's page

  • If you are an individual, do not knowingly install or place a tracking device (a device whose primary purpose is to reveal its location or movement by the transmission of electronic signals) or a tracking application (a software program whose primary purpose is to track or identify the location or movement of an individual) on another person's property without that person's consent, and do not knowingly use a tracking device or tracking application to determine the location or movement of another person or another person's property without that person's consent.
  • The section's person is an individual and does not include a business entity (a corporation, partnership, association, cooperative, joint venture, business trust or sole proprietorship that conducts business in Florida), and it does not apply to a person acting in good faith on behalf of a business entity for a legitimate business purpose, except that this exclusion does not reach a person engaged in private investigation on behalf of another person unless the activity would otherwise be exempt if performed by the person who engaged the investigator.
  • Treat a person's consent as revoked when the consenting person and the person to whom consent was given are lawfully married and one files a petition for dissolution of marriage, or when either files an injunction for protection against the other under section 741.30, 741.315, 784.046 or 784.0485.
  • The section does not apply to a law enforcement officer or agency lawfully acting in a criminal investigation, to specified Department of Corrections and Department of Juvenile Justice personnel lawfully acting in the course and scope of their employment on a person in their care, custody or control, to a person authorized by court order, to a parent or legal guardian of a minor child who meets one of the section's four custody and consent conditions, to a caregiver of an elderly person or disabled adult whose treating physician certifies that tracking is necessary to ensure the person's safety, or to an owner or lessee of a motor vehicle who tracks that vehicle during the ownership or lease and meets one of the section's three conditions on removal, written consent or original-manufacturer installation.
Florida Security of Communications Act, Pen Register and Trap and Trace Device Prohibitionin force1 line

Fla. Stat. § 934.31 · Read the law's page

  • Whoever you are, and not only if you are an investigative or law enforcement officer, do not install or use a pen register or a trap and trace device, a device that records the dialing, routing, addressing, or signaling information of a wire or electronic communication without capturing its contents, without first obtaining a court order, unless the user of the service being monitored has consented, or the use is by the service provider itself for network operation or for protecting the provider or a user from fraudulent or unlawful use of the service.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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