...actions to take in the event of a government regulation violation or tort liability. The plan should identify possible torts for non-compliance to government laws and regulations. Other issues that should be in the plan include health risks to employees, consumers, and the public. Companies should delegate a team of individuals to educate employees. This team should fully understand laws and regulations and also keep management abreast of new issues as they develop in the industry. Common Torts and Risks Negligence, defamation/slander/libel, invasion of privacy, Freedom of Information Act (FOIA), and strict liability are tort liabilities uncovered after reviewing the Alumina Inc. Business Regulation Simulation. Negligence Negligence, the most common and most popular business tort, occurs when the tortfeasor (Alumina, Inc.) does not intend the consequences of the act (West’s Business Law, 2004). In Alumina’s case, Kelly Bates (plaintiff) claims Alumina did not comply with the Environmental Protection Agency’s (EPA) legal limits of...
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...that privacy is not a factor? These are a few among the questions that a concern for privacy raises. Today every person around the world are asking these issues. Privacy is something that is walking a fine line between existing and not existing because with technology continuously developing and growing this thing called privacy is slipping further and further away. A case in point is the situation that occurred a few years ago in Florida. The Florida legislature believed that the state's building codes might be too stringent and that, as a result, the taxpayers were burdened by paying for buildings which were underutilized. Several studies were commissioned. In one study at the Tallahassee Community College, monitors were stationed at least one day a week in every bathroom. Every 15 seconds, the monitor observed the usage of the toilets, mirrors, sinks and other facilities and recorded them on a form. This data was subsequently entered into a database for further analyses. Of course the students, faculty and staff complained bitterly, feeling that this was an invasion of their privacy and a violation of their rights. State officials responded, however that the study would provide valuable information for policy making. In effect, the State argues that the value of the information to the administrators was greater than any possible indignities suffered by the students and others. Soon the American Civil Liberties Union (ACLU) joined the fray. At their insistence the study was...
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...concerns and fears of privacy on social networking. The issue is not clear and well understood among people, what is visible and what is invisible on these sites? When I first joined Facebook, I started by creating an account or a "profile" as you all did, in which I provided my personal information; name, birth date, hometown, religion, etc. The process continued, uploading my photos, and making my friends list; of existing friends, and I began accepting people I didn't know. “Friending” someone means that you give them access to your profile and thus your personal information, and vice versa. After sometime I began questioning Facebook's privacy settings, and whether accepting strangers was right or not. Whether Facebook is public or private is a controversial issue that requires a close look on its privacy settings. In Danah Boyd's article Facebook's Privacy Trainwreck: Exposure, Invasion, and Social Convergence about the use of Facebook and privacy, the author is attacking Facebook's privacy settings. The article was published in Convergence: The International Journal of Research into New Media Technologies, 2008. Boyd is an American social media researcher. Boyd is discussing in her article people's anxiety of the privacy settings on Facebook from two different angles: Exposure and Invasion. Being exposed to anyone on Facebook is really bothering. Boyd provided an example in her journal article Facebook's Privacy Trainwreck: Exposure, Invasion, and Social Convergence;...
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... Explain where an employee can reasonably expect to have privacy in the workplace. You may think your United States employee rights authorize you to have a privacy workplace. People are wrong because, according to workplace privacy studies, the odds were good that your employer was monitoring all your internet actions, including your web pages and chat rooms (Niznik, 2011). If your company policy does not state there is a workplace privacy policy, your employer may watch, listen, and read just about everything in workplace area. Employers have the right to protect their business, their finances, and all of their equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without your consent or your awareness. The only time an employee should have privacy at work is when they are changing their clothes or using the bathroom...
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...Question 1 Question : An investigator obtains consent from subjects to review their medical records and HIV status. He plans to go back to the medical record, so the HIV status information is stored along with patient identifiers in a database that he keeps on his laptop computer. His laptop is stolen. This incident constitutes: Your answer : An invasion of privacy. Correct Answer : A breach of confidentiality. Comment : Privacy is about people and their expectations. Privacy risk pertains primarily to the methods used to obtain information about subjects. Confidentiality pertains to the actual treatment of the personal information once it is obtained. In other words, now that the researcher has obtained private information, how will it be used, stored, and reported. Clearly, this event represents a breach of confidentiality. Points Earned : 0 Question 2 Question : A researcher wants to conduct a secondary analysis using a Centers for Disease Control and Prevention (CDC) database that was collected by the agency solely for surveillance purposes from 1996-2006. The researcher did not participate in the initial collection of the data. The database is publicly available. The database does not include any identifiers. The IRB makes a determination that the individuals whose records will be reviewed do not meet the federal definition of human subjects. Which of the following considerations was relevant to the IRB's determination that this activity does not constitute...
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...Issues of the American Healthcare System “Privacy Issues, Akron Children’s Hospital” Yoannis Marquez Professor Hiram Paz Healthcare Law Florida National University December 15, 2015 Abstract The basic approach of this study should one that puts into consideration and knowledge of presenting complete as well as accurate information. The patient’s privacy has been debated for a long time, some issues are addressed but other just keep rising and becoming stronger which in result ends up with a catastrophic result. From 2013 until now the health information of around 18 million people have been breached electronically in the U.S. Issues of the American Healthcare System “Privacy Issues, Akron Children’s Hospital” Hey, Professor Paz, someone is watching you from the window! This probably freaked you out, but don’t worry; nobody is looking through your window, or is there? Just kidding; pretty much this is what invasion of privacy is. Privacy is a human right, and the right to privacy has been an ethical debate throughout the years, and it will keep being for many years. Every single country on Earth spies on other countries, and the other countries complain of invasion of privacy when they themselves are doing the same thing. The thing is that we all want privacy, even public figures deserve and want some privacy (even though since you become a public figure you want have much of it). In this particular case, I will be talking about Akron Children’s Hospital which is...
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...Employee Privacy Report Name COM/285 August 7, 2010 Instructor Employee Privacy Report Introduction The right to privacy is an inherent expectation of all citizens; however, the private citizen should not assume that he or she is afforded the same privacy protections at their place of employment. In fact, employees may find themselves more vulnerable. Other then the constitutional and legal requirements, employers have more latitude when it comes to delving into matters that some employees would otherwise consider personal and private. Therefore, it is important for employees to be aware of his or her privacy rights in the workplace, including policies regarding use of e-mail and Internet. Email and the Internet undoubtedly has revolutionized the way the entire world communicates. The irony is this technology erodes the expectation of privacy because users expose themselves to personal identity theft and it proliferates illegal and malicious activities such as child pornography; harassment; cyber attacks on personal and business networks; and attempts to steal intellectual property. All of this comes with a personal, legal, and financial cost, especially for businesses. Therefore, to protect themselves from legal action and monetary damages, it is necessary for businesses to implement policies that govern the appropriate use of their electronic systems. A Real-World Example of Email use, Internet use, and Privacy policies To demonstrate existing...
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...an employee can reasonably expect to have privacy in the workplace. When it comes to employment, many employee privacy rights are granted by specific laws, rules, and/or regulations. For example, there are laws that create a right to privacy in employee personnel records, the use and maintenance of employee social security numbers, employee medical information, background screenings, and the like. But what about cases in which there is no specific statute or code that creates a right to privacy? Does one exist anyway? The answer is maybe. Sometimes, whether a privacy right exists is determined by reference to the "reasonable expectation of privacy." This is a concept which basically asks if, in the particular circumstances, it was reasonable to expect that certain conduct or communications would be considered private. "Reasonable expectation of privacy" can be raised where, for example, an employer searches an employee's office or cubicle, looks through an employee's working files, or searches an employee's locker at work. Was it reasonable for the employee to believe that his or her office or cubicle is a private area that the employer cannot search without first asking permission? Determining whether there was a "reasonable expectation of privacy" typically involves a balancing test, and many factors must be considered to decide whether the employee had a privacy right in answer to these questions. Items...
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...Protecting Research Subjects (the Common Rule) state that when reviewing protocols, IRBs must determine that there are adequate provisions for protecting the privacy of subjects and to maintaining the confidentiality of data. The Common Rule is just one document that directs researchers to consider privacy and confidentiality when conducting research. The guidelines of the American Anthropological Association, the Oral History Association, the American Psychological Association, and the American Sociological Association identify protecting privacy and ensuring confidentiality as key components of respecting the safety and dignity of research subjects. This module will define privacy and confidentiality and discuss their application in various research settings. It will also discuss applicable laws, other than the Common Rule. Learning Objectives By the end of this module, you should be able to: * Distinguish between privacy and confidentiality * Identify privacy risks associated with study designs * Identify a range of procedures for ensuring confidentiality * Identify relevant laws regarding collection of private information * Identify laws that limit the ability to ensure confidentiality Definitions According to the IRB Guidebook, published by the Office for Human Research Protections, privacy can be defined in terms of having control over the extent, timing, and circumstances of sharing oneself (physically, behaviorally, or intellectually) with others...
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...Regulations for Protecting Research Subjects (the Common Rule) state that when reviewing protocols, IRBs must determine that there are adequate provisions for protecting the privacy of subjects and to maintaining the confidentiality of data. The Common Rule is just one document that directs researchers to consider privacy and confidentiality when conducting research. The guidelines of the American Anthropological Association, the Oral History Association, the American Psychological Association, and the American Sociological Association identify protecting privacy and ensuring confidentiality as key components of respecting the safety and dignity of research subjects. This module will define privacy and confidentiality and discuss their application in various research settings. It will also discuss applicable laws, other than the Common Rule. Learning Objectives By the end of this module, you should be able to: • Distinguish between privacy and confidentiality • Identify privacy risks associated with study designs • Identify a range of procedures for ensuring confidentiality • Identify relevant laws regarding collection of private information • Identify laws that limit the ability to ensure confidentiality Definitions According to the IRB Guidebook, published by the Office for Human Research Protections, privacy can be defined in terms of having control over the extent, timing, and circumstances of sharing oneself (physically, behaviorally, or intellectually) with others. Confidentiality...
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...Recognizing and Minimizing Tort and Regulatory Risk A tort is an act by a business that results in injury to a person, property, or good name. In most cases the person injured is entitled to compensation (Jennings, 2006). It is in the businesses best interest to be educated on local, state, and federal laws and regulations to reduce regulation and tort liability. A business must protect its assets, earnings, and good name. A company must have a plan in place to reduce and eliminate fines, penalties, and tort liability. The business must have a preventive plan in place to address regulation compliance and tort liability (Dore, 2008). Preventative, detective, and corrective measures The preventive plan should include measures to know and understand regulations and liability torts the business could encounter. Furthermore, the business plan should include steps that will be taken in the event of a government regulation violation or a tort liability. The plan should first identify the possible torts for non-compliance to government laws and regulations. The following are some of the issues the preventive plan should include: The business must identify health risks to employees, consumer, and the general public. The business must take solid steps to ensure the product, or services rendered is not harmful to others. An employee of the business needs to be assigned and responsible to understand the laws and regulations that affect all facets of the business. This person needs...
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...reasonably expect to have privacy? Employee’s expect to have a reasonable amount privacy in the work place at least in their own work space but today that may not be all possible due to electronic Surveillance . Employees are becoming increasingly concerned about their privacy as their employers are monitoring them electronically more closely than ever before. Still employees expect to have privacy at the lunch area, bathrooms and lockers. Besides those places the employee has little or almost no privacy within the company. Electronic monitoring allows an employer to observe what employees do on the job and review employee communications, including e-mail and Internet activity, often capturing and reviewing communications that employees consider private. Video monitoring is common in many work environments to maintains security, by monitoring employees and to deter theft. There are laws set in place to also protect the privacy tof employee’s personnel records, including personal data, medical information and health status, social security numbers, background screenings information, financial and everything else that could invade a persons privacy. Is Herman's need to know whether his salespersons are honest a sufficient ground for utilizing electronic surveillance? The answer probably depends on whether there are alternative methods of ascertaining the honesty of salespersons that are less invasive of the employees' privacy. For example, Herman could...
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...following sentiment: > Privacy in a world of online social networks is an old-fashioned concept and young people feel less need to protect their privacy. This statement implies that young people do not care about their privacy, and do not act to protect their privacy, at least not as much as their elders. # Privacy Paradox The discussed sentiment is known as the privacy paradox. The study that coined this term makes the claim that "Adults are concerned about invasion of privacy, while teens freely give up personal information." The study claims that young people post too much of their private information in public spaces like Facebook and MySpace. This sentiment was not exclusive to adults either. According...
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...created in 1970, if a standard is not met EPA has the authority to issue sanctions among other steps to ensure an environmental quality of life. The company needs to do something about this. The board of the company is Todd, Lloyd, and Richards. Todd is the legal council he firmly believes that the procedures for disposal of waste are efficient and that they are below the specified level in compliance with the Clean Water Act; thus he thinks the company should submit a story about this. Lloyd is certain that the acquisitions are without foundation, but he prefers to perform an independent study, and release results to EPA. Richards is the PR Head wants to conduct a private investigation on the woman. Maybe talk to the woman. Also thinks something should be writing to the press immediately. The alternative presented by Todd is reckless; submitting a story without first conducting a study is irresponsible. The option that Richards presents is...
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...surveillance monitoring systems. This procedure was designed to be used solely for business purposes. In many instances employees have been made to feel as if their privacy has been invaded. Upon implementing such practices employers and employees both have a need to be knowledgable of any policies permitting the use of monitoring devices and to know their rights. Research The Electronic Communications Privacy Act of 1986 (ECPA) is the only federal statute that offers workers protections in communications privacy. ECPA prohibits the intentional interception of electronic communications. However, the ECPA contains loopholes that facilitate employee monitoring. First, employers are permitted to monitor networks for business purposes. This enables employers to listen in on employee phone calls or to view employees' e-mail. Employers may not monitor purely personal calls, however, in order to determine that a call is personal, employers usually have to listen to portions of the employee's conversation. Second, an employer may intercept communications where there is actual or implied employee consent. Consent has been found where the employer merely gives notice of the monitoring. An example of a case in which the courts ruled in favor of the employee: Stengart v. Loving Care Agency, Inc. New Jersey Supreme Court Upholds Privacy Claims. The New Jersey Supreme Court considered whether the former employee – Ms. Stengart – had...
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