Exam 3: Privacy and Technology

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

Which of the following is NOT one of the three privacy rights created by the Supreme Court through its interpretation of various constitutional amendments?

The 2004 Heath Information and Portability and Accountability Act (HIPPA):

A majority of states have enacted off-the-job privacy protection laws. 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?

Briefly describe what Alan Westin believes are the "functions of privacy."

When it comes to employment and social media: I. Every U.S. law dealing with employee privacy grants significant deference to an employer's legitimate business interest. II. U.S employers may legally canvass social media sites for information on employees and potential employees and act upon the information found. III. When an employer finds and uses social media information to reprimand or fire an employee, the employer is obligated to disclose the method of gaining that information to the employee. IV. Statutes that specially govern the intersection of social media and workplace privacy were enacted in 2013.

The Electronic Communications Privacy Act of 1986 (ECPA):

Under the Genetic Information Nondiscrimination Act of 2008 (GINA) it is unlawful for an employer to request, require or purchase genetic information related to employees of their families. List at least three exceptions to this rule.

It is perfectly legal for employers to secretly and intrusively spy on their employees.

According to the article, Can They Do That? By Lew Maltby:

Since a corporation is a "person" in the eyes of the law, a corporation's constitutional right to privacy is identical to a natural person's rights.

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.

It is illegal to increase a specific employee's health insurance premiums based on the employee's lifestyle.

Which of the following are ways businesses justify electronic surveillance of employees? I. It measures and encourages efficiency. II. It uncovers employee disloyalty. III. It enhances the fairness of personnel evaluations. IV. It prevents employees from sending personal emails on company time

Discuss the employee claims that counter businesses' justification of electronic surveillance.

Discuss the privacy expectations of millennial employees.

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.

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:

Privacy rights are triggered under the Fourth Amendment:

Name the two main factors that most courts use in determining whether or not electronic monitoring of employees is an invasion of privacy.