Does Florida Law Allow for a Lawsuit for Hacking and Spying?

Electronic Spyware

Yes, Florida Statute 815.06 allows for those who have been hacked or are being spied on due to the hacking of personal electronic devices to bring an action against the hacker in court. The statute allows for this to be done to ensure the privacy and security of the individuals within the state as well as to ensure that employers are not monitoring employees on personal devices. 

Can I sue an employer for hacking my computer?

A person can bring an action against an employer if that employer has, somehow, downloaded a monitoring software on an employee’s personal computer or other electronic device. Florida law, like most other states and the federal government, has strong computer crime protections to ensure that private citizens do not have to fear that their electronic devices are being hacked by anyone, much less their employers. Because of these strong protections an employee can sue their employer if the employee discovers that their employer downloaded some kind of monitoring software onto the employee’s personal device. 

Are there cases when an employer can monitor personal devices?

Given the increase in companies and employers that are allowing employees to work from home due to the COVID-19 pandemic, some employers have taken to requiring employees to download such software that track their work from home. However, these software are usually consented upon by the employee and are only accessible during particular times when the employee is clocked in to work. Any such software that is downloaded onto an employee’s personal devices by an employer without the owner’s consent and with the purpose of surveying the individual is subject to liability under Florida law. 

Can computer hacking and surveillance be a crime? 

Yes, Florida law allows for both criminal and civil liability against a person who purposefully alters or downloads software onto another person’s electronic device with the intention to monitor or survey that person and their activities. Such a violation of the protections under Florida law allows for the government to file criminal charges against the person, but the individual who has their right to privacy can also file an action against the hacker for civil damages. This allows for employees to be able to hold their employers accountable should they ever elect to go beyond the ability to monitor their workers while they are working remotely through methods such as VPNs or limited internet access. An employer cannot download, without the employee’s consent any software or alter the employee’s computer in such a way that allows for the employer to survey or monitor the employee. 

EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Oscar Gomez

Oscar A. Gomez is a Partner and Chair of the Litigation Practice Group at EPGD Business Law. His practice focuses on Business Litigation, including but not limited to Business & Partnership Disputes.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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