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Slide 1
Alex Romano BUS297D Intrusions on Privacy and Other Personal
Rights
Slide 2
Sources of Law Regulating Privacy U.S Constitution 4 th
Amendment - unreasonable searches by government officials. State
Constitutions Common Law laws developed through court decisions
Federal and State statutes Administrative agencies
Slide 3
Invasion of Privacy When someone intentionally intrudes,
physically or otherwise, upon the solitude or seclusion of another
or his private affairs or concerns... if the intrusion would be
highly offensive to a reasonable person It is illegal to publicize
private facts about another when the disclosure would be highly
offensive to a reasonable person
Slide 4
The Privacy Balance Importance of Business v. Degree of
Intrusion
Slide 5
Vernonia School District v. Acton School adopted drug test
policy all athletes had to submit to a drug test. Sharp increase in
drug use among students Athletes were leaders of the drug culture
Drugs increase the risk of sports injuries
Slide 6
Supreme court determined it was constitutional Maintaining
order and ensuring safety outweighed the intrusions on the athletes
expectation of privacy Testing was designed to minimize intrusion
Students athletes do not have a substantial expectation of privacy
Physical exams Vaccinations Locker room
Slide 7
Drug testing at work Degree of harm that an employee is capable
of in that position to the: Government Public Other employees
Slide 8
Privacy and Technology Biometric technologies RFID or NFC GPS
Cell Phones Camera GPS Google Street View
Slide 9
Electronic Communications Protection Act Title I: Protects
wire, oral, and electronic communications while in transit. Title
II: Stored Communications Act (SCA), protects communications held
in electronic storage, most notably messages stored on computers.
Title III: Prohibits the use of pen register and/or trap and trace
devices to record dialing, routing, addressing, and signaling
information used in the process of transmitting wire or electronic
communications without a court order.
Slide 10
ECPA Exceptions Title I: Prior consent Ordinary course of
business This generally permits business managers to listen in on
their employees' business-related calls, even if there is no prior
consent. Title II (SCA) Electronic communications service provider
User consent
Slide 11
Monitoring at Work Electronic monitoring systems Word
processing/Keystrokes Data entry Phones Video surveillance
Biometric recognition to check in/out Internet usage
Slide 12
Monitoring at Work Justification Use business assets for
legitimate purposes Ensure youre doing what youre paid for
Efficiency Protect Trade Secrets Security (attachments) Prevent
hostile work environment Protect reputation
Slide 13
Mitigate Lawsuit Risks Notify employees to reduce any
expectation of privacy Internet use policy Email policy
Slide 14
Smyth v. The Pillsbury Co. Smyth was terminating for
transmitting what was deemed to be inappropriate and unprofessional
comments over Pillsbury's e- mail system. Smyth claimed that
Pillsbury invaded his privacy The company's interest in preventing
inappropriate and unprofessional comments or even illegal activity
over its e-mail system outweighs any privacy interest the employee
may have in those comments. Takeaway: Once a communicated message
is sent over an e-mail system, which is utilized by the entire
company, any reasonable expectation of privacy is lost.
Slide 15
Collection of Personal Info on the WebPersonal Info on the Web
Public records (Acxiom Corp) Real estate records Bankruptcy filings
Sign up forms Contest Facebook Discounts Loan Cookies
Slide 16
Privacy Protection Laws The Right to Financial Privacy Act
restricts the federal government from reviewing bank account
records. The Fair Credit Reporting Act limits access to credit
reports with exceptions for those having legitimate business needs.
The Financial Services Modernization Act limits the ways in which
financial institutions can share customer data. The Video Privacy
Protection Act requires customers to consent to the release of
video rental information. The Health Insurance Portability and
Accountability Act (HIPPA) has provisions that protect the privacy
of medical records.
Slide 17
Fair Information Principles Notice that is clear and
conspicuous about what information is collected, how it is
collected and used, whether the information is disclosed to other
entities, and whether other businesses collect information at the
site Choice as to how personal information is used beyond the
immediate transaction, including for internal marketing purposes
and uses by other entities. Access to personal information that is
collected, including a reasonable opportunity to correct errors
Security that is reasonable
Content Control and Regulation Communications Decency Act (CDA)
and Child Online Protection Privacy Act (COPA): protect children
from exposure to offensive messages and materials over the
Internet. Reno v. ACLU Ruled that the CDA violates the First
Amendment The governmental interest in protecting children from
harmful materials does not justify an unnecessarily broad
suppression of speech addressed to adults.
Slide 20
Defamation Making a false statement to the public about another
person that harms that person's reputation. Before the Internet
whenever a false statement was widely circulated, there is almost
always a financially solvent publisher involved that can be held
accountable. Cubby, Inc v CompuServe CompuService was not held
liable for speech on its forums Stratton Oakmont v. Prodigy Prodigy
was held liable because it had a software screening process.
Section 230(c): No provider or user of an interactive computer
service shall be treated as a publisher or speaker of information
provided by another information content provider.
Slide 21
UNITED STATES v. PINEDA-MORENO DEA placed a mobile tracking
device on Morenos vehicle while it was parked in his driveway Did
the agents invade an area where he had a reasonable expectation of
privacy and thus, violate his 4 th Amendment rights? The 4 th
Amendment forbids warrantless searches. Moreno cannot prove that
the agents invaded an area in which he possessed a reasonable
expectation of privacy. His driveway was open and easily
accessible. Also, the undercarriage is part of the car's exterior
and not considered a private place so attaching a mobile device is
not considered a search.
Slide 22
Show and Tell Victory For Location Privacy in New York GPS
Tracking Case GPS poses a categorically different kind of privacy
threat than simple tracking beepers previously allowed without a
warrant in U.S. Supreme Court cases from the early 1980s. For these
reasons, suspicionless, warrantless GPS tracking violates the state
guarantees against unreasonable searches and seizures. Court Case
Asks if Big Brother Is Spelled GPS In November, the [Supreme Court]
will hear arguments in United States v. Jones, No. 10-1259, the
most important Fourth Amendment case in a decade.
Slide 23
Show and Tell Teacher should be fired for Facebook comment,
judge rules You cant simply fire someone for what they have on a
Facebook page; but if that spills over and affects the classroom
then you can take action. U.S. Judge upholds investigators' access
to Twitter data The court must ask whether the petitioners had a
reasonable expectation of privacy in the IP address information as
collected and stored by Twitter Fired Iowa Civil Rights
Investigators Nicknamed Co-workers "Pyscho" and "Rainman Fired Iowa
Civil Rights Investigators Nicknamed Co-workers "Pyscho" and
"Rainman Three employees of the Iowa Civil Rights Commission were
fired after their boss discovered thousands of gossipy emails
attacking coworkers and assigning them derogatory nicknames.