§ 90.506, Fla. Stat. — Privilege With Respect to Trade Secrets
Plain English
A person can refuse to disclose — and prevent others from disclosing — a trade secret they own, unless allowing the privilege would conceal fraud or otherwise work injustice. It’s a balancing privilege, not an absolute one. When a court does order disclosure, it must take protective measures — protective orders, sealing, attorneys’-eyes-only designations — to guard the secret while still serving the interests of the parties and justice. The privilege may be claimed by the owner or the owner’s agent or employee.
From the Courtroom
Trade-secret fights are rarely all-or-nothing. The court usually doesn’t pick “disclose” or “protect” — it crafts a protective order: redactions, a confidentiality designation, sometimes attorneys’-eyes-only. The leverage is in shaping how the secret comes in, not whether the door opens at all.
Key Points & Authority
- § 90.506, Fla. Stat. — A trade-secret owner may refuse and prevent disclosure unless the privilege would conceal fraud or work injustice.
- Protective measures: when disclosure is ordered, the court must protect the holder’s interests through appropriate safeguards.
- Federal note: no numbered FRE counterpart — federal courts protect trade secrets through Fed. R. Evid. 501 common law and Fed. R. Civ. P. 26(c) protective orders.
Federal Parallel
There is no numbered federal counterpart. Federal courts protect trade secrets through a combination of Fed. R. Evid. 501 (common-law privilege) and protective orders under Fed. R. Civ. P. 26(c); Florida codifies the privilege in § 90.506.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice. When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require. The privilege may be claimed by the person or the person’s agent or employee.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.506 lets a trade-secret owner refuse and prevent disclosure unless the privilege would conceal fraud or work injustice; when disclosure is ordered the court must take protective measures.