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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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If you send private texts or emails to a person, expecting a

Customer Question

If you send private texts or emails to a person, expecting a right to privacy, and text later is about to be used to discredit you, what is the law in Florida about that.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

There is no statutory right to privacy in communications sent to a third party. The communication has been given to that person, and they can do whatever they wish with it. There is, however, a tort called "public dissemination of private facts." That could apply when a person takes something you told them in private and shares the information with a widespread audience, if the information is something that a reasonable person would be highly offended to have shared and the information is not of legitimate concern to the members of the public. Distributing nude pictures of a person would be one example of something highly offensive that the public does not need to know.

Judges have the ability to award both compensatory and punitive damages to someone who shares private information. The amount of punitive damages is typically set at what would be enough to make the person think twice before sharing private information in the future. You're allowed to sue for any amount you like, but if you want to try to file in Small Claims Court (which tends to be easier than other courts), you'd be limited to $5,000.

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