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The following is a discussion of the law in Florida on employee surveillance, monitoring, and searches, as it pertains to private-sector employers.

Oral communications are treated differently because of a Florida law, section 934.03, Fla. Under this law, oral, electronic, and wire communications generally are deemed private, unless both parties consent, and cannot be recorded, absent a specific statutory exception. There is no absolute right of privacy in a party’s office or place of business.

3d DCA 2000) (An oral communication cannot be intercepted and disclosed without the consent of the parties if there is a reasonable expectation of privacy which is recognized by society). Smith, 641 So.2d 849, 852 (Fla.1994) (“[F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.”). Monitoring employees’ emails or Internet use on an employer’s computer systems generally is permissible, because usually there is no expectation of privacy in such use.

Private employers are constrained by common law privacy principles.

Sec’y, Florida Dep’t of Children & Families, 710 F.3d 1202 (11th Cir. Thus, private employers generally are free to conduct surveillance of their employees while on-duty, with certain exceptions. For example, no expectation of privacy exists in a conference call held to conduct the business of the company.

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