eLaws of Florida

  SECTION 934.22. Voluntary disclosure of customer communications or records.  


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  • 1(1) 2Except as provided in subsection (2) or subsection (3):
    11(a) 12A provider of electronic communication service to the public may not knowingly divulge to:
    261. 27Any person or entity the contents of a communication while in electronic storage by that service; or
    442. 45Any governmental entity a record or other information pertaining to a subscriber to or customer of such service.
    63(b) 64A provider of remote computing service to the public may not knowingly divulge to:
    781. 79Any person or entity the contents of any communication that is carried or maintained on that service:
    96a. 97On behalf of a subscriber or customer of such service and received by means of electronic transmission from, or created by means of computer processing of communications received by means of electronic transmission from, a subscriber or customer of such remote computing service; and
    141b. 142Solely for the purpose of providing storage or computer processing services to its subscriber or customer, if the provider is not authorized to access the contents of any such communication for purposes of providing any service other than storage or computer processing; or
    1852. 186Any governmental entity a record or other information pertaining to a subscriber to or customer of such service.
    204(2) 205A provider described in subsection (1) may divulge the contents of a communication:
    218(a) 219To an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
    237(b) 238As otherwise authorized in s. 243934.03(2)(a), 244s. 245934.07, 246or s. 248934.23249.
    250(c) 251With the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of a remote computing service.
    278(d) 279To a person employed or authorized, or whose facilities are used, to forward such communication to its destination.
    297(e) 298As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service.
    324(f) 325To a law enforcement agency, if:
    3311. 332The contents were inadvertently obtained by the service provider;
    3412. 342The contents appear to pertain to the commission of a crime; or
    3543. 355The provider reasonably believes an emergency involving immediate danger of death or serious physical injury to another person requires disclosure of the contents without delay.
    380(3)(a) 381A provider described in subsection (1) may disclose a record or other information pertaining to a subscriber to or customer of such service:
    4041. 405As is otherwise authorized in s. 411934.23412.
    4132. 414With the lawful consent of the customer or subscriber.
    4233. 424As is necessary incident to rendering service or protecting the rights or property of the provider of that service.
    4434. 444To a governmental entity if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.
    4735. 474To any person other than a governmental entity.
    482(b) 483Notwithstanding paragraph (a), a provider may not disclose the contents of communications specified in paragraph (1)(a) or paragraph (1)(b).
History.-s. 9, ch. 88-184; s. 7, ch. 2002-72.

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