Florida Court Considers Wiretapping Liability in Pixel Tracking Case
A recent decision in a Florida privacy class action lawsuit shows how older wiretapping statutes could be applied to modern pixel tracking cases, Sidley Austin attorneys said Wednesday.
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The U.S. District Court for the Middle District of Florida on March 6 denied dismissal of a digital privacy claim brought under the Florida Security of Communications Act. The plaintiff in W.W. v. Orlando Health, Inc., alleged that Orlando Health illegally shared her sensitive health information, which was collected using pixel tracking technology, with third parties.
Florida courts have been reluctant to find that such communications can trigger wiretapping liability, but this case shows “how these decisions may be reconsidered in light of newer website technologies and the nonstop wave of putative class actions challenging these technologies,” said Sidley. “These trends also underscore the importance of evaluating, inventorying, and managing website technologies to identify and manage privacy risk.”