Can My Employee's Personal Information Be Protected?
Personal Information Exempt from Public Disclosure
As provided by s.
119.071, Florida Statutes, certain information maintained by state agencies is exempt from public disclosure, and is therefore deemed confidential. This includes social security numbers, medical and financial information. Accordingly, the Florida Division of Workers’ Compensation protects the social security numbers, medical and financial information of injured workers obtained in the performance of its statutory responsibilities.
However, s.119.071(4) (d), Florida Statutes, additionally provides for the exemption of home addresses and telephone numbers from public disclosure for certain occupational groups as listed below. Note: Home addresses and telephone numbers of spouses and children of individuals who are covered by these occupational groups are also exempt from public disclosure.
Occupational Groups Who Qualify for Exemption
- Active or Former Law Enforcement Personnel
- Active or Former Correctional and Correctional Probation Officers
- Active or Former Personnel of Department of Child & Family Services whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities
- Active or Former Personnel of Department of Health whose duties are to support the investigation of child abuse or neglect
- Active or Former Personnel of Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement
- Firefighters certified in compliance with s.
- Justice of the Supreme Court
- District Court of Appeal Judges
- Circuit Court Judges
- County Court Judges
- Current or former State Attorneys, Assistant State Attorneys, State Prosecutors, and Assistant State Prosecutors
- General and Special Magistrates
- Judges of Compensation Claims
- Administrative Law Judges of Department of Administrative Hearing (DOAH)
- Child support enforcement hearing officers
- Current and former human resource, labor relations or employee labor relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negation, administration or personnel-related duties
- Current and former Code Enforcement Officers
- Current and former guardians ad litem as defined in s.
- Current and former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, senior juvenile detention officers, juvenile detention officer supervisors, juvenile detention officers, house parents I and II, house parent supervisors, group treatment leaders, group treatment leader supervisors, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice
- Current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel
- Current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health
Section 119.071(5)(i)1., F.S., also exempts the following occupations:
- Current and former U.S. Attorneys and Assistant U.S. Attorneys
- Current and former Judges of U.S. Courts of Appeal, U.S. District Judges and U.S. Magistrates
If my employee falls into one of the above occupational groups, how do I protect their personal information? How do I protect the personal information of their spouse and children?
If you qualify on the basis of your occupational group, home addresses and telephone numbers maintained by the Florida Division of Workers’ Compensation (DWC) for you and your spouse and/or children, can be protected upon request. As required by Section 119.071(4)(d) 2, Florida Statutes, you or your employer must formally notify DWC in writing to claim your exempt status and exemptions for your spouse and children. You must provide your occupation (title or description), name of employer, and date of injury associated with any Florida workers’ compensation claim you filed, if applicable. You must also provide the dates of birth and social security numbers (last 4 digits only) for you and your spouse and/or children in order for us to establish accurate confidential record information. To request exemption of personal information maintained by DWC, please complete the applicable Confidential Request Form(s) below and send to
email@example.com or mail/fax to the attention of the Records Privacy Section at:
Division of Workers’ Compensation
Bureau of Data Quality and Collection
200 E. Gaines Street
Tallahassee, FL 32399-4226
Fax: (850) 488-3453