Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.
People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.
The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.
And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.
In Florida, privacy is recognized as a significant legal interest, protected from both government and non-governmental intrusions. The Fourth Amendment of the U.S. Constitution serves as the foundation for privacy rights, safeguarding individuals against unreasonable searches and seizures by the government. This protection extends to a person's home, communications, personal property, and certain areas of their vehicle. Florida law also provides specific protections for personal information through statutes like the Florida Information Protection Act, which requires certain entities to protect personal information and to notify individuals of data breaches. Additionally, Florida recognizes a right to privacy under its state constitution, which is broader in some respects than the federal protection. This includes the right to be left alone and the right to prevent unauthorized use of one's image and likeness. However, in public spaces, there is generally no expectation of privacy, meaning that being photographed or overheard is typically lawful unless done through surreptitious means. Exceptions exist where a higher expectation of privacy is recognized, such as in medical facilities or in situations akin to using a phone booth. It's important to note that while there is a broad right to privacy, the specifics can vary and are subject to interpretation by courts, and there may be additional statutes and regulations that apply to particular types of information or contexts.