We have covered the FSCA and how that affects businesses in and outside of the Sunshine State. More recent developments however in digital privacy law have brought renewed attention to the wire tapping law The Florida Security of Communications Act (FSCA), especially highlighted by the ongoing lawsuit involving Orlando Health. This pivotal case underscores the evolving challenges and implications surrounding online privacy and tracking technologies.
Background of the Orlando Health Privacy Lawsuit
In March 2025, Orlando Health, a major healthcare provider in Florida, was sued by an individual identified as W.W., who alleged unauthorized sharing of her private medical data. The lawsuit claimed that the organization’s website employed sophisticated tracking technologies that intercepted her personal health information and transmitted it to third-party entities, such as social media platforms. This unauthorized data transfer reportedly led to targeted advertisements reflecting the plaintiff’s medical concerns, raising serious privacy issues.
Orlando Health countered by claiming that the tracking tools only captured metadata, arguing such data collection did not violate privacy statutes. However, the Florida court ruled differently, categorizing the captured data including sensitive medical search terms as “content” under the FSCA, thus meriting protection under Florida law. Reminds us of the Pen Register and Trap lawsuits as well..
Understanding Florida’s Security of Communications Act (FSCA)
The FSCA was enacted over five decades ago to safeguard individuals from unauthorized interceptions of their communications. Modeled after the federal Wiretap Act, the FSCA demands explicit consent from all involved parties before intercepting electronic, oral, or wire communications. Any violation of the FSCA could lead to severe legal consequences, including criminal charges and civil penalties, underscoring the gravity of compliance.
The court’s recent interpretation of the FSCA in the Orlando Health case expands its applicability to digital tracking practices, particularly when sensitive personal data is involved.
Implications for Businesses Utilizing Tracking Technologies
The Orlando Health ruling has profound implications for businesses, especially in healthcare and other industries handling sensitive personal data. Organizations employing website tracking tools must now exercise greater caution and diligence.
- Comprehensive Privacy Audits: Businesses should thoroughly audit their digital assets to identify and understand the scope of data collected, particularly any sensitive information that may qualify as “content” under FSCA.
- Transparent Disclosures: Clearly state the purpose and scope of data collection in privacy policies, ensuring transparency in consumer communication.
- Explicit Consent: Obtain clear and explicit consent from users before collecting or sharing sensitive information, aligning with Florida’s stringent consent requirements.
- Data Minimization: Limit data collection strictly to what is necessary, thereby minimizing risk and potential liability.
Broader Legal Context of Privacy Class Actions
The Orlando Health lawsuit is part of a broader wave of privacy-related class actions targeting businesses for alleged unauthorized data interceptions. Plaintiffs nationwide are increasingly leveraging state wiretap statutes like the FSCA, asserting unauthorized data collection practices as violations of privacy rights.
This trend is evident in the significant rise of privacy-related class actions over recent years, reflecting growing public awareness and judicial acknowledgment of digital privacy rights.
Growth of Privacy Class Actions
Key Recommendations for Organizations
Organizations should adopt proactive measures to mitigate privacy risks:
- Regularly monitor and update compliance frameworks to align with evolving privacy laws and court interpretations.
- Assess and modify third-party agreements, ensuring compliance with privacy obligations.
- Educate employees on data privacy practices and protocols, emphasizing the importance of compliance.
- Prepare robust response strategies to handle potential privacy complaints or litigation efficiently.
- Consider cybersecurity insurance to mitigate potential financial impacts associated with privacy breaches and lawsuits.
Orlando Health Privacy Lawsuits Will Become a Daily Headline
The Orlando Health privacy lawsuit and its interpretation of the FSCA signal an essential shift in privacy law enforcement. Expect to hear about these type of lawsuits on a daily basis as more and more organizations, especially those handling sensitive data, must prioritize compliance and transparency in data practices to protect themselves from legal challenges. By understanding these evolving privacy regulations and proactively adapting their strategies, businesses can effectively manage risks and uphold consumer trust.
If you want to avoid an FSCA privacy lawsuit then please book a demo below with one of our data privacy experts who can do a free website privacy audit and provide feedback on what to change on your website.
