Founder
Modern surveillance technology has made it easier than ever for employers to monitor their workers, both in the office and at home. From tracking keystrokes and logging mouse activity to watching through webcams or collecting GPS data from work-issued devices, surveillance is now a regular feature of many jobs. As workplace surveillance expands, so do questions about employee privacy.
Here is what Florida workers need to know.
No Florida statute requires private-sector employers to give advance notice before monitoring employee activity on company‑owned devices or networks. Florida courts have consistently held that employees generally do not have a reasonable expectation of privacy in employer‑provided equipment, including computers, emails, internet use, or company networks
Employers can install cameras in common areas like offices, lobbies, or break rooms, but they cannot record in areas where employees have a reasonable expectation of privacy, such as restrooms or changing rooms.
Florida is a “two-party” consent state under the Florida Security of Communications Act. It is illegal to record a private conversation unless all parties consent to audio (voice) recording.
A notice posted in the workplace or consent (such as acknowledging an employee handbook that contains a policy or notice) may reduce or eliminate an employee’s expectation of privacy, but there is no statutory obligation under Florida law to provide notice prior to monitoring private-sector employees.
GPS tracking may raise privacy concerns if it continues outside of work hours or after an employee leaves their job.
Overly invasive or retaliatory monitoring may violate other laws. For example, if surveillance ramps up after you report discrimination, harassment, or wage violations, it could support a claim for unlawful retaliation, depending on the circumstances.
What Should You Do If You Suspect Excessive Monitoring?
- Review your employee handbook or technology use policy. See what your employer says they are tracking.
- Document what you are experiencing. Note when and how surveillance occurs, and whether it began after protected activity, such as reporting discrimination or blowing the whistle.
- Consult a lawyer.
If you believe your employer is invading your privacy or retaliating against you through surveillance, you may have legal options. Contact us here to schedule a consultation.
