...LECTURE ST. THOMAS UNIVERSITY SCHOOL OF LAW FALL 2012 DISTINGUISHED SPEAKER SERIES WHAT MUST WE HIDE: THE ETHICS OF PRIVACY AND THE ETHOS OF DISCLOSURE ANITA L. ALLEN' I. INTRODUCTION We live in an era of persotial revelation. We are preoccupied by seeking, gathering, and disclosing information about others and ourselves. In the age of revelation, individuals and enterprises are fond of ferreting out what is btiried away. We are fond of broadcasting what we know, think, do, and feel; and we are motivated by business and pleasure because we care about friendship, kinship, health, wealth, education, politics, justice, and culture. A lot of this has to do with technology, of course. We live at a historical moment characterized by the wide availability of multiple modes of communication and stored data, easily and frequently accessed. Our communications are capable of disclosing breadths and depths of personal, personally identifiable, and sensitive information to many people rapidly. In this era of revelation—dominated by portable electronics, intemet social media, reality television, and traditional talk radio—^many of us are losing our sense of privacy, our taste for privacy, and our willingness to respect privacy. Is this set of losses a bad thing? If it is a bad thing, what can be done about it? My refiections on these questions begin with a series of diverse examples from the past several years. The examples illustrate the emergent ethos of our revelatory era. The first...
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...some of them will be address in this paper. Intrusion by Seclusion means that the right to privacy is invaded by the unreasonable intrusion upon the seclusion of another. This is based on the Restatement, Second of Torts 652A. According to Rich (1995): “One must ask whether the law protecting the right to privacy has evolved with the new technologies to ensure the vitality of the Fourth Amendment.” It is important to notice that the Supreme Court has defined privacy as the right of the individual to control the dissemination of information about oneself (Rich, 1995, p. 1). Rich (1995) continues to explain: Privacy as guaranteed by the U.S. Cosntitution differs in two significant ways from privacy protected by tort law: (1) the types of acts constituting an invasion of privacy are very different, and (2) the type of protection provided to individuals – constitutional privacy protects against governmental intrusion while tort law primarily protects against invasion by private parties. Fourth Amendment privacy right only apply in those situations where the government is the primary actor. (p. 1) So far it has been understood...
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...1. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The employees can reasonably expect privacy in the workplace in places like restrooms, parking lots, lounges and in the kitchen area. But generally speaking it is really difficult these days to have complete privacy. 2- Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. It makes a difference if employee is in an open area or in an enclosed office and courts have so held. See, for example, United States v. Lefkowitz, 464 F.Supp. 227 (C.D.Cal. 1979), aff'd, 618 F.2d 1313 (9th Cir. 1980) “Outside his or her own workspace, a corporate officer or employee has a reasonable expectation of privacy to challenge a search if he or she has a "possessory or proprietary interest" in the area searched and there is a connection between this area and his or her own workspace”. Both open area work spaces and enclosed private offices have their own benefits. Open space allows for better communication and exchange for information among co-workers. It is much easier to ask each other questions in an open environment. While on the other hand 90 percent of the participants reported that privacy is the number one benefit of a closed space environment. Employees feel more secure and reduced noise (O’Neill, 2008). After the introduction...
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...This essay discuss the Privacy Act of 1974, the Information Privacy Law, Electronic Communications Privacy Act, and other laws and provisions designed to protect an individual’s privacy. In this essay I will also discuss the importance on trust and integrity in the work environment. As communication technology expands, and the possibility of accessing that technology has grow increasingly less challenging to gain, it has become more difficult to protect personal information and the use of an individual’s personal information. Whether this information is used for business, consensus, personal, educational, or even fraudulent reasons, the Individual’s right to control his or her personal information held by others has grown into an enormous concern for most people over the age of eighteen. Additionally, considering the average age for acceptance to most internet social forums and email accounts is thirteen years old, the concern for personal information security can begin even before puberty. In this essay I will also discuss how Legislation and Law makers are have and are continuing to attempt to protect information privacy as new technologies and new institutional procedures arise. This essay will talk about but not go into great detail about how the information privacy is covered in the American Constitution, the provisions for this law, and the conditions of disclosure for this law. Because the Privacy act of 1974 does not cover in great depth email and communications traffic...
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...Application for Compensation Motor Car Traders Guarantee Fund Motor Car Traders Act 1986 Note: please read the information at consumer.vic.gov.au/motorcarclaims before completing this form. | Applicant’s details | | |Name of applicant | | | |Faisal Mehmood | | | |Address | | | |1 Horham Court | | | |St Albans |Postcode 3021 | | | |Date of birth Home telephone number | | | |08/01/1984 | | | |0430185309 ...
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...Your E-Book is Reading You Alexandra Alter's "Your E-Book is Reading You" appeared in The Wall Street Journal in 2012. In the essay Alter aims to explain to readers that publishers are compiling vast data repositories containing information on a wide array of statistics on how and what we read. He explains the possibility of using these analytics to provide a more directed approach towards the reader’s desires. "Now, e-books are providing a glimpse into the story behind the sales figures, revealing not only how many people buy particular books, but how intensely they read them." Enumeration, anecdotes, and a hint of propaganda are techniques the author employs to sway the reader and develop a convincing essay. Alter opens the essay with a couple of numbers and statistics about reading speed and passages highlighted passages in a particular book. This enumeration technique immediately establishes the tone of the essay and has a “scientific” feel about it. It is an effective way to project the author’s legitimacy and gain the reader's trust that the writer has done their research and knows what they are talking about. Also, this paragraph uses an extremely popular novel named “Hunger Games” by Suzanne Collins, which is the first in a trilogy, to illustrate how the data is used. “The first thing that most readers do upon finishing the first ‘Hunger Games’ book is to download the next one.” Almost immediately after peaking the reader's curiosity with the statistics of their...
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...The explosive growth of Computer and information technology over the past few years has both its good and bad side to the society. For sure, it has alleviated some of our endemic problems and has even change the way people conduct their daily activites, from business to communication, sharing of information, to conducting research etc. These new changes although widely accepted has also created some basic challenges and problems to our society. Among the challenges that we face in this information age is the issue of our privacy. The definition of privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively. Implictly, this definition is gradually becoming obsolette. The usage of the term in this context is loosing it's meaning. On the other hand, we might also associate the term Privacy to anonymity, the wish to remain unnoticed or unidentified in the public realm. When something is private to a person, it usually means there is something within them that is considered inherently special or personally sensitive. The degree to which private information is exposed therefore depends on how the public will receive this information, which differs between places and over time. Since the inception of technology, this concept has been challenged. Most of the things that one will probably wish to make private is no longer protected. for example, lets consider patients in the hospital, before the database...
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...Frequent Shopper Program Overview Kudler Fine Foods is a thriving business specializing in bakery and pastry products, fresh meat & seafood, and cheese and specialty dairy products. Recently, KFF has decided to start a frequent shopper program in order to increase revenue. Kudler is planning to track purchase behavior at the individual customer level and provide high value incentives through a partnership with a loyalty points program. By partnering with a loyalty points program company, customers will be able to redeem points for high end gifts, first-class airfare upgrades, and/or other specialty foods. Using customer data, KFF plans to compile customer purchase behavior patterns which will help them refine company processes and offerings to best satisfy their valued customers (Apollo, 2009). With all of this in mind, there are several issues that must be considered prior to executing any plans. Information security concerns like keeping their newly acquired customer information confidential and protected from unauthorized access, legal concerns regarding complying with privacy rights, and ethical concerns such as ensuring Kudler does not irritate their customers with offers, especially by email or phone communication. Information Security Concerns KFF needs to understand a few critical data security techniques. It is essential Kudler has a secure information system established. When collecting data from customers, there should be an authentication method used such as...
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...information to keep adequate and accurate files should they require documentation or evidence in the future. While 90 percent of companies who admit to spying on their employees admit that their workers are aware of it, others may not provide the same courtesy to their employees. In fact, employees may feel that any type of monitoring is a violation of your privacy. Some businesses go so far as to utilize tools to test how honest their employees are, using a “virtual lie detector” test. There are certainly companies who are spying on their employees for less than legitimate reasons but when you are using company computers and networks, what you say and do becomes their business if they want it to be. The Electronic Privacy Communications Act of 1986 (EPCA) already provides some...
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...Privacy Policies and Laws Debate XCOM/285 Essentials of Managerial Communication When thinking about privacy laws and policies, it is safe to clearly state that I am for them. Many people feel that some employers go over board when it comes to this kind of thing but in this age of technology, having privacy polices is not only right it is essential to maintain the respect of the people who work for and with people. There is much evidence that even with privacy policies in place the some employees still use company communications for personal use. There is no clearer evidence of this than that fact the government had to pass laws of privacy laws to protect companies that felt they needed to watch their employee’s use of their communications for any personal use of company communications. These laws were passed so angry employees who were caught using company communications for private things could not go back and sue companies for invasion of their privacy. The ironic part of employees getting upset over what they perceive as an invasion of their privacy is the fact most companies make employees sign privacy agreement policies and then get angry when they get caught breaking them. Privacy policies are not just to protect employers from employees using their communications for private business, but privacy policies are needed to protect companies from viruses that can come in through private emails or...
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...The Privacy Act It is a tort, actionable without proof of damage, for a person willfully and without claim of right, to violate the privacy of another person. An individual’s right to privacy is a fundamental human right. This is recognised in a number of international instruments, in particular, the International Covenant on Civil and Political Rights (Article 17) and the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data The Privacy Act 1988 came into force on 1st January 1989; however New Privacy Laws were introduced on 21st December 2001 New private-sector provisions were introduced by the Privacy Amendment (Private Sector) Act 2000 to the Privacy Act 1988 The new provisions came into effect on 21 December 2001 for larger organisations (annual turnover of $3 million or more) while smaller companies (annual turnover below $3 million) would have until 21 December 2002 to comply. The new provisions aim to give people greater control over the way information about them is handled by requiring organisations to comply with 10 National Privacy Principles (NPPs). The 10 National Privacy Principals are: 1) Collection (An organisation must not collect personal information unless the information is necessary for one or more of its functions or activities) 2) Use and Disclosure (An organisation must not use or disclose personal information about an individual for a purpose other than the primary purpose of collection) 3) Data Quality...
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...WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS IN PRE-EMPLOYMENT TESTING? WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS IN PRE-EMPLOYMENT TESTING? There are many ethical and legal considerations to take into account when employers conduct pre-employment testing. Prior to implementing a testing program, employers would be wise to seek legal advice to confirm that the testing will not violate any employment or EEOC laws. It is important that tests be reviewed by professionals for reliability and validity to ensure that the characteristics and skills being tested are relative to the job’s essential functions and to be sure that the test is not conducive to bias and/or creating an adverse impact on any class of applicant. Any applicant taking a pre-employment test has the right to privacy and feedback under the American Psychological Association’s (APA) standard for educational and psychological testing. This particular list of rights is not legally enforceable, but the items on the list are ethical considerations of which employers who wish to be viewed as reputable and credible should be aware. These ethical considerations from the APA state that applicants who take pre-employment tests should be able to expect the following rights: * The right to the confidentiality of test results. * The right to informed consent regarding use of these results. * The right to expect that only people qualified to interpret the scores will have access to them, or that sufficient...
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...government searches or seizures. Specific labor laws, regulations and certain rules are automatically granted to employees. Employers have the responsibility to protects privacy interest by avoiding the disclosure of personal matters. The laws that provide/create the right to privacy in employee personnel records, the use and maintenance of employee social security number, employee medical information, and background screenings. Government employees’ rights to privacy are limited and will be evaluated in accordance with a balancing test in which a Judge must decide which counts ore weightily, and employee’s privacy interest or the need of the government (as employer) to the search of the employee. Under Title VII of the Civil Rights Act of 1963, employees are provided the rights that it is unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of...
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...Employers are becoming more vicious on how they screen new candidates as well as their current employees. Normally employers will conduct background checks, random drug testing, and maybe even a credit check. The question that needs addressing here is “How much are we willing to give up satisfying our employers”? Employees need to become more aware of this situation. Employers have the upper hand in this situation. Everyday they find a new way to invade their employees’ privacy. In today’s world of ever-changing technology, the court and legislature systems addressed these issues, and they are actively involved in resolving privacy right issues (Townsend & Bennett, 2003). The passage of the Electronic Communication Privacy Act signals a significant intervention by the federal government into a rapidly evolving technological arena that had few specific guidelines as to what constituted reasonable privacy. While the government’s...
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...CONTEMPORARY BUSINESS ISSUES – PRIVACY IN THE WORKPLACE How Privacy Issues Affect Businesses How Privacy Issues Affect Businesses The existing economic and business setting implies on-going efforts towards better understanding and dealing with the challenges of the modern era, which are characterized by the crucial need for making changes due to intense competition and ongoing global crisis’. As a rule, privacy rights are established by explicit regulations, laws or rules. Some privacy rights are relevant in the workplace and some don't. And even if there is no particular law, a right to privacy can be based on the legal common law notion of having a "reasonable expectation of privacy”, (Lippke, 1998). For employers and employees in the business industry, privacy concerns have become progressively more widespread in the workplace, and with the increased use of electronic resources, privacy at work is even more compound. Consequently, it is imperative that both supervisors and managers have a fundamental understanding of some of the more common privacy rights and issues that can arise, as well as the restrictions that may apply. Some of the more prevalent privacy issues that employees face are drug testing, email monitoring, personnel records, social security numbers, monitoring and eavesdropping, back-ground screening, and medical records. Because of these issues, there are quite a few areas of human capital management in which privacy rights are recognized. Whether...
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