Exam 3: Privacy and Technology
As Facebook and other social media sites grow in users and popularity
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The term "privacy" does not appear anywhere in the Constitution of the United States.Discuss (meaning share your opinion and support it with anecdotes or evidence)whether or not the Supreme Court was correct in "finding" privacy in the Constitution.
The Supreme Court's interpretation of the Constitution to include a right to privacy has been a topic of much debate. While the term "privacy" may not be explicitly mentioned in the Constitution, the Court has found that various amendments, such as the Fourth Amendment's protection against unreasonable searches and seizures, and the Fourteenth Amendment's protection of liberty, imply a right to privacy.
In my opinion, the Supreme Court was correct in recognizing a right to privacy in the Constitution. The concept of privacy is fundamental to the protection of individual liberties and autonomy. Without privacy, individuals would be vulnerable to unwarranted intrusion by the government or other entities. This can be seen in landmark cases such as Roe v. Wade, where the Court recognized a woman's right to privacy in making decisions about her own body, and Lawrence v. Texas, where the Court struck down laws criminalizing consensual homosexual activity, citing a right to privacy.
Furthermore, the recognition of a right to privacy in the Constitution reflects the evolving nature of our society and the need to adapt constitutional principles to modern challenges. As technology advances and the ways in which our personal information can be accessed and used expand, the right to privacy becomes even more crucial.
In conclusion, the Supreme Court's recognition of a right to privacy in the Constitution is not only justified but essential in safeguarding individual freedoms. The Court's interpretation reflects the spirit of the Constitution and its commitment to protecting the rights and liberties of all citizens.
Title I of the Americans with Disabilities Act of 1990 (ADA)explicitly limits the ability of employers to use "medical examinations and inquiries" as a condition of employment and provides for:
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The Genetic Information Nondiscrimination Act of 2008 (GINA)was passed amidst public concern for the collection and use of genetic information.Prior to its passage,the Americans with Disabilities Act protected anyone with a disability or perceived disability and the Health Information Portability and Accountability Act (HIPAA)protected people from intrusion in to medical records.Was GINA a necessary act or was it merely passed for political reasons?
Employees can now be secretly and intrusively spied upon by their employers,and it is perfectly legal.
According to the article excerpted in the text entitled,The Functions of Privacy,by Alan Westin,privacy has several functions in today's society.These include:
List several types of company surveillance people are subjected to now.
The United States Constitution,Fourth Amendment provides "[t]he right of the people to be secure in their persons,houses,papers,and effects,against unreasonable searches and seizures,shall not be violated..." Privacy rights are triggered under the Fourth Amendment:
In considering the legality of employer interception of employee e-mails at work,pick the correct statement.
I.Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails.
II.A subpoena is required by the employer to read any e-mail that is clearly marked "confidential" by the employee.
III.No expectation of privacy exists over an employer-owned computer system at work.
IV.Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee's claim of privacy.
Discuss privacy in social media websites.What sort of policies should exist? Does it matter that the user doesn't have to be honest (to the extent of using false names)?
One reason employers use to justify giving honesty or integrity tests is:
A majority of states have enacted "lifestyle rights laws" that protect workers' off-duty activities including cases of smoking,cohabitation,drinking.and single parenthood.What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?
There is a high correlation between drug testing and workplace safety.
Discuss Lewis Maltby's proposition that employers should not do drug testing (or other testing related to off-work conduct)but should instead focus on impairment testing when an employee is entering the workplace.
Briefly describe what Alan Westin believes are the "functions of privacy."
The most recent major privacy law passed by Congress was the
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