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Employment Privacy Blog

News, commentary, and legal updates from attorneys in the Data Security and Workplace Privacy Practice Group at Fisher Phillips.
Posts tagged Florida.

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the employee was authorized to access. In Florida, and particularly in the Middle District, the large majority of district courts to consider the issue have followed the "narrow" view that an employee who has been granted access to information does not "exceed authorized access" under the CFAA by virtue of the employee's subjective intent or by subsequently violating company policies on the use of the information. Does that mean that employers in those districts cannot, or should not, assert CFAA claims under the "broader" view -- that an employee who accesses confidential information for personal purposes inconsistent with the employer's interests has "exceeded authorized access" to the information?

Tags: CFAA, Florida

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