A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person’s predecessor while holder of the privilege, voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. This section is not applicable when the disclosure is itself a privileged communication.
Fla. Stat. § 90.507 — Waiver of privilege by voluntary disclosure
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How a Privilege is Lost: This statute explains how a privilege, which protects confidential information, can be lost or "waived."
Core Principle: The right to keep a communication secret is waived if the person holding the privilege voluntarily shares a significant part of that secret communication with a third party. The privilege cannot be used as both a "sword and a shield"—you cannot disclose favorable parts of a communication while hiding unfavorable parts.
Waiver can happen in several ways:
- Voluntary Disclosure: The person holding the privilege tells an unnecessary third party about the confidential matter.
- No Expectation of Privacy: The original communication is made in a setting where one could not reasonably expect privacy (e.g., discussing legal strategy with a lawyer in a crowded coffee shop).
- Consent: The person holding the privilege gives permission for the information to be disclosed.
Important Exception: A privilege is NOT waived if the disclosure is made as part of another privileged communication. For example, a client telling their spouse (a privileged communication) what they told their lawyer (also a privileged communication) does not waive the underlying attorney-client privilege.
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Cite as Fla. Stat. § 90.507 (2024)
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