Larry Metz: Striving to Protect Individual Privacy in the Digital Age

In the 21st century, privacy has become increasingly elusive, not because of complacency but due to the rapid and unchecked evolution of invasive technology. Devices that were once confined to elite government agencies like the FBI and CIA are now cheaply and readily available to the public. Larry Metz, former Florida legislator and advocate for privacy rights, has been at the forefront of raising awareness and proposing meaningful solutions to these growing concerns. His work aims to address the widespread availability of tracking devices, drones, hidden cameras, and listening devices that are compromising our personal boundaries. Even electronically stored personal information is at risk for remotely located hackers, which Metz dealt with legislatively.

Metz’s concerns center around the affordability, accessibility, and user-friendliness of these technologies. Once obscure and expensive, devices capable of tracking, surveilling, recording, and eavesdropping have flooded the market, fueled by the internet and spy gadget stores. At the same time, a cultural shift has led to a decrease in the value placed on individual privacy. What was once taboo spying on others is now disturbingly normalized.

Tracking Devices and Applications

One of the first areas Metz tackled was tracking technology. In 2014, he became aware of the rising misuse of GPS tracking devices and phone applications that could be installed on cars, phones, or even inside clothing and bags. These devices - available for less than $50 - can provide real-time location data to stalkers, ex-partners, or anyone with malicious intent. In response, Metz sponsored a bill in 2015 that became Section 934.425 of the Florida Statutes, which criminalizes the installation of tracking devices or applications on another person’s property without their consent. The law includes exceptions for legal guardians tracking minor children or incapacitated seniors and owners tracking their own property. Although this was a significant step forward for Florida, there are other states that still lag in legislating such protections.

Surveillance by Drones

In tandem with his 2014 tracking devices bill, Larry Metz served as the House sponsor for the landmark drone surveillance bill (House Bill 649), which was successfully enacted into law in 2015 as part of Florida Statutes section 934.50. This legislation significantly advanced privacy protections by prohibiting the use of drones to capture images of individuals on privately owned property when a reasonable expectation of privacy exists unless prior written consent is obtained.

The bill defines key terms such as "surveillance," "image," and "imaging device," and clearly presumes an expectation of privacy if the individual is not observable from the ground. Exceptions were carved out for certain state-licensed professionals, property appraisers, and utility companies under limited, defined conditions. The most impactful component of the legislation was its creation of enforceable remedies for violations. Aggrieved individuals can pursue civil actions for compensatory damages and seek injunctive relief. Additionally, the law allows for punitive damages and attorney's fees, including contingency fee multipliers for cases tried to verdict. This comprehensive structure not only deters misuse of drone surveillance but also empowers individuals with recourse when their privacy is violated.

Hidden Cameras

Another major threat Metz identified is the proliferation of hidden cameras, especially in vacation rentals. Since luxury hotel chains like Hilton or Marriott fear negative publicity and potential liability, they guard against this with strict protocols. Metz is more concerned about individual hosts and rogue employees who use covert devices to violate the privacy of unsuspecting guests. Media reports have surfaced revealing hidden cameras in bedrooms and bathrooms of Airbnb properties - places where individuals have a reasonable expectation of privacy. Metz cites investigative reports that underscore how prevalent and invasive this problem has become.

Electronic Eavesdropping

Even more alarming is the potential for technological eavesdropping. Although thin walls and open windows have always made eavesdropping a possibility, advancements in directional listening devices now allow individuals to hear and record private conversations from afar and at a low cost. Websites like Amazon, eBay, and specialty spy gear retailers sell these devices openly without regulatory oversight. This not only heightens the risk of privacy invasion but also complicates legal recourse for victims.

Seeking Assistance from the Uniform Law Commission

Metz served for five years as one of three commissioners appointed by the governor to represent Florida at the National Conference of Commissioners on Uniform State Laws, more commonly known as the Uniform Law Commission (ULC). To address these layered issues, Metz proposed to the ULC Program and Scope Committee (ULC Scope) the formation of a ULC study committee tasked with analyzing the current landscape of privacy laws and invasive technologies. Ideally, the committee would be tasked with surveying the law on these subjects and examining the use of tracking, surveilling, recording, and listening technologies, evaluating the sufficiency of existing laws, and making recommendations to improve privacy protections for individuals. Even if the effort did not result in immediate uniform legislation being proposed by the ULC to the states, Metz believed that the mere process of the ULC studying and discussing these issues in the public square would raise public awareness and may spur legislative action in other states.

Metz’s request to the ULC was supported with a comprehensive memorandum prepared by ULC Fellow Cameron T. Pestinger, Esq., which surveyed the existing laws across the U.S. The findings highlight a striking inconsistency among states - some have detailed statutes, while others have little or no protection at all. Metz appeared before ULC Scope and made his case, but it was not approved for that cycle. Although his service on the ULC ended with his retirement in 2023, Metz was hopeful that his advocacy catalyzed, or may serve as a future foundation for, ULC action on these subjects.

Protecting the Security of Confidential Personal Information

The Florida Information Protection Act of 2014, enacted via Senate Bill 1524 and mirrored by its House counterpart, HB 7085 sponsored by Larry Metz, was a critical response to increasing threats posed by data breaches. Triggered in part by the high-profile Target data breach affecting millions of consumers, this legislation was Florida’s most comprehensive statutory upgrade to data protection protocols at the time.

Key provisions of the act required covered entities to take reasonable measures to protect and secure data containing personal information. The law mandated prompt notification to individuals affected by a breach (within 30 days), as well as reporting requirements to the Florida Department of Legal Affairs for breaches affecting more than five hundred individuals. It imposed specific data retention and destruction obligations and expanded the definition of “personal information” to include usernames, email addresses, and security questions used for account access.

This law, championed by Metz, complemented his wider efforts to address modern privacy threats including hidden surveillance technology and tracking devices by targeting not only physical but also digital invasions of privacy. Taken together, these legislative actions reflect Metz’s consistent commitment to protecting individuals from unauthorized intrusion in both public and private spheres.

Individual Privacy: Protecting it Requires Constant Vigilance in a Digital Age

Larry Metz’s initiative-taking stance on digital-age privacy protection was not only timely but essential. At a moment when rapid technological advancements began to outpace the reach of existing laws, Metz recognized the urgent need for a robust legal framework to preserve individual privacy rights. From tracking devices and drone surveillance to safeguarding confidential data, his legislative work anticipated and addressed emerging threats before they became societal crises.

The remedies his bills provided were not symbolic gestures; they were enforceable rights that equipped Floridians with legal tools to protect their dignity and autonomy. Metz’s approach demonstrates a thoughtful balance: enabling the benefits of modern technologies while instituting boundaries to prevent their misuse. As we move deeper into a privacy invasion-prone era, Metz believes state legislators across the country must recognize privacy is not guaranteed to endure but rather is a right that must be protected with constant vigilance.