Deck 14: The Employees Right to Privacy and Management of Personal Information

Question 1

What types of relief does the Privacy Act allow a federal employee to seek for release of private information by a federal agency?

A) Employees can obtain a declaration that the employer was wrong, but no money damages are available.
B) Employees can seek both civil remedies and criminal penalties.
C) Employees can seek injunctive relief only.
D) Only public sector employees can seek relief, and only by filing a civil suit.

Answer 1

B
Explanation: The Privacy Act of 1974 regulates the release of personal information about federal employees by federal agencies. The Privacy Act grants employees two options for relief: criminal penalties and civil remedies, including damages and injunctive relief.

Question 2

Ethan is a high-level employee at the U.S.Department of Agriculture.He found out that the Department leaked confidential information about him without his consent.In this case,Ethan can sue the Department of Agriculture as his rights have been violated according to the ________.

A) Privacy Act
B) Electronic Communications Privacy Act
C) Federal Wiretap Act
D) Freedom of Information Act

Answer 2

A
Explanation: In this case, Ethan can sue the Department of Agriculture as his rights have been violated according to the Privacy Act. The Privacy Act of 1974 regulates the release of personal information about federal employees by federal agencies. Specifically, but for 11 stated exceptions, no federal agency may release information about an employee that contains the means for identifying that employee without the employee's prior written consent. As the Department of Agriculture violated Ethan's privacy, it is liable under the Privacy Act.

Question 3

The Privacy Act of 1974 protects private sector employees from the release of personal information by their employers.

Answer 3

False
Explanation: The Privacy Act of 1974 regulates the release of personal information about federal employees by federal agencies. In 1977, the Privacy Protection Study Commission concluded that the Privacy Act should not be extended to private employers but that private sector employees should be given many new privacy protections.

Question 4

Candy was fired by Quik2Stop because she stole from the cash register.A police report was filed.A prospective employer called Quik2Stop to ask for a reference and was told that Candy was fired for stealing.In this case,Quik2Stop illegally defamed Candy.

Question 5

Savannah is employed as a secretary for a federal government agency.Her supervisor insinuates that there are copies of her e-mails with negative references in her personnel file.Savannah demands to see her personnel file,but her supervisor refuses to grant her access to her files.In this case,her supervisor violates the ________.

A) Fourth Amendment
B) Electronic Communications Privacy Act
C) Privacy Act
D) Fourteenth Amendment

Question 6

The Ninth Circuit Court of Appeals developed a balancing test to assist in balancing an individual's need to know the information and the employee's right to privacy.The four factors are:

A) the individual's interest in disclosure of the information; the public's interest in disclosure; the degree of invasion of personal privacy; and whether there are other means to obtain the information
B) the public's interest in disclosure of the information; whether the employee signed a blanket disclosure agreement covering the information; the degree of invasion of personal privacy, whether the employee's desire to keep the information confidential is reasonable
C) the reasonableness of the employee's desire to keep the information private; the benefits to the public of making the information available; whether there are other ways to obtain the information; an explanation of why the information is needed
D) an explanation of the need for the information; the employee's consent to the discovery and disclosure of the information; the public's interest in the information; whether there are other means to obtain the information.

Question 7

The U.S.Constitution protects public employees from wrongful invasion of privacy by anyone acting on behalf of the government.

Question 8

Tamara openly talks to her co-workers about her intimate liaisons with certain clients of her firm.Tamara's supervisor,Peter,comes to know about this.During her performance review,he mentions that her behavior can harm the reputation of the company.Tamara believes that when senior officials view the performance review,it will project her as a woman of questionable morals.In this case,Peter has committed the tort of publication in false light.

Question 9

The Health Insurance Portability and Accountability Act permits employers to use protected health information in making employment decisions without prior consent.

Question 10

The Supreme Court held that restricting a married couple's use of birth control devices is constitutional.

Question 11

The USA PATRIOT Act requires an employer to obtain a judicial warrant to grant access to sensitive data.A court order is not sufficient.

Question 12

Arthur works in the accounting department of the Department of the Treasury.Amanda,the head of the department,storms into Arthur's office demanding to search the files and all records of payments made by the department to YearRound Builders.Arthur attempted to leave the office during the search,but Amanda blocked the way and asked him to stay until the review of all the files is complete.Which of the following statements is most likely to be true in this scenario?

A) Arthur's rights have been violated because the search was per se unreasonable under the Fourth Amendment.
B) Arthur has a claim for defamation.
C) Arthur has a claim for false imprisonment.
D) Arthur has no recourse because the search was justified by a legitimate business reason.

Question 13

Raul lives in New York.Raul's employer,Samantha,supports the Republican Party,whereas Raul supports the Democratic Party.Samantha subtly hints that Raul would get a raise if he votes for the Republicans,but Raul votes for the Democrats instead.When she finds out,Samantha demotes Raul.In this situation,Samantha's action is illegal.

Question 14

The Privacy Act of 1974 regulates the release of personal information about federal employees by federal agencies.The basic principles underlying the Privacy Act include all of the following except:

A) To permit federal employees greater access to the records that are maintained on them by the federal agency
B) to permit employees to block disclosure of records that they (the employee) prefer to keep private
C) to restrict disclosure of personally identifiable information by federal agencies
D) to establish statutory norms for collection, maintenance and dissemination of information

Question 15

AJ was employed by the police department.His brother,Nicholas,was running for mayor.AJ conducted wiretapping to find out the political views of the people in the city to help Nicholas with his political campaign.When the police department learned about this,AJ was fired for unauthorized wiretapping.Which of the following statements is most likely to be true in this situation?

A) AJ has a claim for wrongful termination as his act of wiretapping was not intended to cause harm.
B) AJ's rights under the Privacy Act have been violated.
C) AJ has a claim for wrongful termination because he didn't make a public disclosure of the information.
D) AJ has violated the law as it is illegal to intercept messages related to political views.

Question 16

There is no comprehensive federal workplace privacy legislation.

Question 17

Which information below is NOT legally protected (i.e.,it can be legally accessed by the employer)under U.S.privacy law?

A) the contents of an employee's phone call made using the employer's phone, on the employer's premises, during working hours
B) an employee's criminal record
C) the contents of an employee's private e-mail, accessed on a work computer
D) that obtained by a search of the employee's body or physical space (so by a pat-down or body search)

Question 18

There are three ways that an employee's rights can be protected: 1)by the U.S.Constitution or a state constitution; 2)by federal or state statutes; or 3)by common law.

Question 19

Employment-at-will means that the employee serves at the will of the employer.An employee hired under the doctrine of employment-at-will may not leave the position until discharged by the employer.

Question 20

The Electronic Communications Privacy Act permits an employer to monitor an employee's telephone calls when the equipment used for the call is what is used in the ordinary course of business.

Question 21

Though a worker might be protected based on marital status,she or he is not necessarily protected against adverse action based on:

A) the identity of the person to whom she or he is married.
B) the number of years for which the person is married.
C) the nature of the relationship with the person to whom she or he is married.
D) the number of privacy violations made by the person to whom she or he is married.

Question 22

Caleb was employed by a local bank.He left the company voluntarily after he ended a personal relationship with Alyssa,the branch manager,who was his boss.When a prospective employer contacted the bank for a reference,Alyssa told him that Caleb had been fired for misconduct.Caleb did not get the job.In this case,Caleb has a cause of action for ________.

A) publication in a false light
B) defamation
C) public disclosure of private facts
D) intrusion into seclusion

Question 23

________ refers to defamation in a written document.

A) Libel
B) Waiver
C) Slander
D) Breach

Question 24

Shondra and Mason are co-workers.Shondra happens to overhear Mason's telephone conversation and learns that he has leukemia.Shondra conveys this information to her other co-workers.Which of the following torts has Shondra committed in this case?

A) Breach of contract
B) Publication in a false light
C) Intrusion into seclusion
D) Public disclosure of private facts

Question 25

A waitress posted pictures of herself in uniform and wrote undesirable comments about her employer on her blog.Her employer fired her because they deemed the photos and comments posted on her blog to be inappropriate.She is one of several bloggers who have been fired for writing about work,colleagues,and customers on a blog.In this case,the waitress is getting ________.

A) googled
B) requeled
C) punked
D) dooced

Question 26

To demonstrate a prima facie case for the tort of intrusion into seclusion,a plaintiff-employee must show:

A) That the employer intentionally invaded into a private area; that the employee was entitled to privacy in that area; and that the employee was offended by the intrusion.
B) That the employer intentionally or unintentionally invaded into a private area, that the employee made reasonable attempts to keep the information private or secret; and that the employee was offended by the intrusion.
C) That the employer intentionally invaded into private territory; that the employee was entitled to privacy in that area; and that a person of reasonable sensitivities would be offended by the intrusion.
D) That the employer intentionally invaded into private territory; that the employee was entitled to privacy based on state constitutional protections; and the intrusion is offensive to the employee.

Question 27

Employees of private employers are protected from unauthorized disclosure of personal information by various means including all of the following except:

A) State laws designed to mirror federal law on collecting and disseminating information
B) Recognizing a right to privacy in state constitutions
C) Constitutional protections
D) Protecting information in certain areas like personnel records or use of credit information

Question 28

Jason left an employee's private medical files on his desk.These files fell on the floor,and the entire office learned that the employee had AIDS.The employee did not want anyone to know about his medical condition.In this case,which of the following torts has Jason committed?

A) Intrusion into seclusion
B) Public disclosure of private facts
C) Publication in a false light
D) Breach of contract

Question 29

Which of the following is true about constitutional protections available to public employees and/or private employees for inappropriate disclosure of personal information by their employer?

A) Employees of private employers enjoy more constitutional protection than public employees.
B) Constitutional protection applies only to employees of federal agencies, and not employees of private employers.
C) Employees of private employers enjoy constitutional protections, while employees of public employers do not.
D) Public employees and private employees enjoy equal constitutional protections.

Question 30

To state a prima facie case for the tort of intrusion into seclusion,a plaintiff employee must show that,among other things,________.

A) an employee was entitled to privacy in the area into which an employer is alleged to have intentionally intruded
B) a defendant employer failed to provide total privacy at all times
C) there were false and defamatory words concerning the employee
D) there was an intentional or negligent public disclosure of sensitive or confidential information about the employee by an employer

Question 31

An employer has a legitimate interest in monitoring employee e-mail when the purpose is to:

A) ensure that the e-mail system is not being used in ways that offend others.
B) gather marketing data for third parties.
C) gather information related to political and social views sent through e-mails.
D) review e-mail in connection with an unreasonable investigation of possible employee misconduct.

Question 32

Jenna was upset with Burton,her supervisor,for giving her a poor review during her performance appraisal.In a fit of anger,Jenna posted a copy of Burton's criminal record on the employee notice board in the cafeteria.In this case,Burton:

A) does not have a case for intrusion into seclusion as his criminal record is a product of his own doing.
B) has a case for intrusion into seclusion as Jenna has forced Burton into seclusion by revealing his criminal activities.
C) has a case for libel as Jenna has disclosed information without Burton's consent to the public.
D) does not have a case for public disclosure of private facts as criminal records are public information.

Question 33

Which of the following is an example of the tort of libel?

A) A manager asks an employee to provide his unlisted phone number.
B) A manager gives untrue, defamatory information about a former employee via e-mail.
C) A manager provides defamatory, but true, information about an employee to management on a conference call.
D) A manager searches an employee's desk without permission.

Question 34

Jay is an employee of Mit-E-Me.He uses his office computer to check personal e-mail.Jay opens an e-mail and finds a link to a joke with a pornographic picture embedded in the message.Jay is called into his supervisor's office and reprimanded for violating the company's policy against accessing pornography.Which of the following statements is most likely to be true in this scenario?

A) Jay can file an action against Mit-E-Me for intrusion upon seclusion.
B) Jay has no cause for action against Mit-E-Me because he has no reasonable expectation of privacy regarding personal e-mail when he uses the company's computer.
C) Jay can maintain an action for violation of the Electronic Communications Privacy Act.
D) Jay has no cause for action against Mit-E-Me because he was conducting personal business at work instead of performing the duties of his job.

Question 35

Brenda was accused of misappropriation of company funds,a charge which she vehemently denied.The company fired her without having any proof.When she applied for other jobs,she had to explain to the prospective employers the reason she was fired.In this case,Brenda can file an action against his former employer for ________.

A) publication in a false light
B) compelled self-publication
C) public disclosure of private facts
D) intrusion into seclusion

Question 36

To encourage its employees to be healthier,RayCo Industries revamped its health insurance programs,and added certain provisions relating to weight and smoking status.Effective in the new plan year,employees who smoke are required to pay a $300 premium surcharge if they or their spouse smoke.In addition,employees who do not meet certain weight,blood pressure and cholesterol criteria must pay additional premiums of up to $1,500 per month for health insurance coverage.These surcharges are designed to cover the additional costs that these employees and/or families are expected to incur based on their unhealthy behaviors.Weight loss and smoking cessation programs were made available to employees and families.In addition,deductibles and copays were reduced for medical services related to smoking cessation and weight loss,as well as certain preventative testing.If an employee fails to quit smoking or lose weight in compliance with the new program,what might be the result?

A) The employee may be able to file a claim under the state's lifestyle discrimination statue (if the state has one).
B) The employee will have to pay the surcharges or forego coverage under the plan.
C) The employee has a cause of action based on intrusion of seclusion by the employer.
D) All states permit employers to regulate the off-work activities of employees, so the employee has no cause of action.

Question 37

Who among the following has committed the tort of slander?

A) A manager who searchers an employee's office without consent
B) A manager who gives false, defamatory information about a former employee while on a conference call
C) A manager who negligently reveals private information about an employee to another employee
D) A manager who monitors an employee's private e-mail

Question 38

The president of a world-renowned medical facility based in the U.S.determined that employees need to be healthier,and began his efforts by prohibiting use of tobacco by employees both on-duty and off-duty.This ban on smoking was to take effect six months from the date of announcement.Employees still smoking after the ban were terminated.To facilitate the ban,smoking cessation programs were made available to current smokers and their spouses.In addition,the medical facility provided general education programs to help employees understand the "evils" of smoking.As a result of the policy,the medical facility:

A) may be unable to enforce the policy in certain states that prohibit employers from requiring abstention from smoking as a condition of employment
B) may be in violation of the equal protection clause of the U.S. Constitution
C) may be liable for the tort of defamation by publication
D) may be unable to enforce the policy because the right to smoke is considered a protected right under the U.S. Constitution

Question 39

Which of the following is an example of the tort of intrusion into seclusion?

A) A manager hiring a private investigator to determine if an employee breached a non-compete agreement
B) A manager exposing the fact that his employee has AIDS
C) A manager exposing the fact that his employee has a criminal record
D) A manager asking an employee about whom he or she lives with

Question 40

Employment-at-will means:

A) Employees serve at the will of the employer. Likewise, an employee can quit at any time and for any reason, even without offering advance notice.
B) Employees serve at the will of the employer. Employees can be fired for any valid reason. To leave a job, an employee must provide at least a two-week notice.
C) Employees serve the employer based on an agreed-on set of conditions in the form of a contract. The contract sets forth the terms and conditions of employment, including when/how an employee can terminate or be terminated.
D) There are no employment rules whatsoever. Employees can come and go as they please; employers can terminate or change an employee's conditions of employment for any reason without prior notice or consent.

Question 41

Provide a justification for the electronic surveillance of employees that is conducted by an employer.

Question 42

Which of the following statements is true of the USA PATRIOT Act?

A) It gives the federal government the power to monitor Internet usage by any American citizen if the information sought is relevant to an ongoing criminal investigation.
B) It makes it illegal for the government to intercept oral communications relating to terrorism as this would infringe upon the Privacy Act of 1974.
C) It allows employers to collect and sell employee data to third parties as long as it is for the purpose of market research.
D) It grants access to sensitive data with only a judicial warrant rather than a court order.

Question 43

Which of the following is a guideline to be considered in formulating an accountable process for employee monitoring as suggested by Kevin Conlon,district counsel for the Communication Workers of America?

A) Employees should not have access to the information gathered through monitoring.
B) Continuous monitoring is allowed only when it results in the attainment of some business interest.
C) Monitoring should be limited to the workplace.
D) Secret monitoring is allowed only when an employee is under suspicion of not working.

Question 44

A federal agency produces collectible items such as commemorative coins and medals.Due to prior incidents of theft,a video surveillance was conducted on the production line.The video surveillance caught Steve,a line employee,dropping medals on the floor and later picking them up and putting them in his pocket while sweeping the workplace.Based on the tape,officials searched Steve's locker and found the stolen medals.Can Steve have the search invalidated on the grounds that it was unjustified? Explain your answer.

Question 45

Mariel works for a religious bookstore.She had an abortion when she was 16.Abby,a co-worker,discovers this fact from a chance meeting with one of Mariel's former high school classmates.Abby reveals this to her co-workers,who find the notion that Mariel had extramarital sex and an abortion to be deeply offensive.Thereafter,Mariel is ostracized at work.Does Mariel have any legal recourse against the co-worker who made this revelation? Explain.

Question 46

Describe what constitutes a "search" under the Fourth Amendment's protection against unreasonable search and seizure.

Question 47

As a condition of being allowed to apply for a job with Able Industries,Colton is asked to waive his right to object to workplace searches.After signing the waiver,he is offered a job,and he accepts it.Sometime later,he is subjected to a search.If Colton seeks legal redress on the grounds that the search violated his privacy rights,his employer:

A) will be unable to successfully assert the waiver as a defense because it was not given voluntarily.
B) will be unable to successfully assert the waiver as a defense because Colton did not grant it intentionally.
C) will be unable to successfully assert the waiver as a defense because it was given by Colton prior to his job offer.
D) will be able to successfully assert the waiver as a defense because it was given in exchange for valuable consideration.

Question 48

Pursuant to the USA PATRIOT Act,when the government requests confidential information from employers about their employees,the employer can choose not to cooperate:

A) in order to avoid committing the tort of publication in a false light.
B) in order to avoid committing the tort of public disclosure of private facts.
C) and ask instead for permission to seek employee authorization to release the requested information.
D) and advise the employees that it is not mandatory under law to provide confidential information.

Question 49

An employer's social media policy should:

A) include a reminder for employees to respect copyright law.
B) exclude any type of a warning.
C) exclude any rules regarding sharing opinions through social media.
D) include a waiver that relinquishes employees' right to privacy.

Question 50

What steps can an employer take to ensure respect of employee information and privacy while also maintaining a balanced management of its workforce?