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Privacy of an Individual in the Workplace
Argument Length: 2,000 words Task Construct argument notion individual's privacy important consideration workplace, Use ethical theory support position. ationale This task designed: demonstrate capacity understand evaluate privacy; demonstrate understanding issues encroach individual's privacy workplace; demonstrate ability construct a compelling argument logically consistent supported ethical theory;
Privacy of an individual in the workplace
In the workplace, it is expected that employees must relinquish some of their most valued privacy in order to succeed in their role in the organization. The debate on workplace privacy concerns how much privacy the employees need to give up in their quest for success at their role. The morality, ethicality and legality of monitoring of actions of employees have been challenged in various circles with each side having a strong argument. It is believed that employers need to infringe on the privacy of employees in order to be able…
References
Cozzetto, D.A., & Pedeliski, T.B. (1997). Privacy and the Workplace: Technology and Public Employment. Public Personnel Management, 26(4), 515-527.
Frayer, C.E. (2002). Employee Privacy and Internet Monitoring: Balancing Workers' Rights and Dignity with Legitimate Management Interests. The Business Lawyer, 57(2), 857-874.
Griffaton, M.C., & Porter, W.G. (2003). Between the Devil and the Deep Blue Sea: Monitoring the Electronic Workplace. Defense Counsel Journal, 70(1), 65-77.
Hubbartt, W.S. (1998). The New Battle Over Workplace Privacy: How Far Can Management Go? New York: American Management Association (Amacom).
Consequently, the large-scale implant of chips would certainly have damaging effects on people.
One of the latest reports of people having their privacy broken is when residents from Milton Keynes, UK, have informed police officers that a Google representative started taking picture of their houses. The person had been driving a Google Street View car which is part of a program meant to offer Google operators 360 degrees images of various places from around the world. According to BBC, residents felt that the man from Google had been facilitating crime and interfering with their privacy by making the pictures public. Apparently, the citizens from Milton Keynes had not been the only ones complaining about Google invading their privacy. However, the people that invented the Google Street View program have thought in advance and also added tools which people can use to delete pictures that they consider to have broken their…
Works cited:
1. Cozzetto, Don A. Pedeliski, Theodore B. "Privacy and the Workplace: Technology and Public Employment." Public Personnel Management, Vol. 26, 1997.
2. Deery, June. "George Orwell. Nineteen Eighty-Four." Utopian Studies 2005.
3. Miller, Arthur C. Computers, Data Banks and Individual Privacy: An Overview. Columbia Human Rights Law Review, 1972.
4. Regan, Priscilla M. "Legislating privacy: technology, social values, and public policy." UNC Press, 1995.
For example, almost all companies doing business on the Internet will have a link disclosing their privacy policy and the steps they will take to ensure the customer's privacy. Privacy matters become an issue because, in order to transact business of the Internet, one is required to enter such personal information as credit card numbers, addresses, emails and personal phone numbers.
The vast majority of online businesses will have policy disclosure statements outlining exactly what the business does with this collected information. For example, most businesses value a customer's privacy as this encourages customers to do more business with them. Therefore, a typical privacy disclosure statement will begin by stating exactly what information they collect. For example, a company may state that on pages where one can order products, make requests or register to receive materials, the type of information collected includes, but is not limited to: the customer's name,…
Bibliography
Beaver, Kevin, Rebecca Herold. Practical Guide to HIPPA Privacy and Security Compliance. New York: CRC Press, 2003.
Carter, Patricia I. HIPPA Compliance Handbook. New York: Wolters Kluwer Company, 2002.
Casey, Timothy D. ISP Liability Survival Guide: Strategies for Managing Copyright, Spam, Cache, and Privacy Regulations. New York: Wiley, John and Sons, Inc., 2001.
Cate, Fred, Wallison, Peter, Litan, Robert and Michael Staten. Financial Privacy, Consumer Prosperity and the Public Good. Brookings Institution Press, 2001.
Layne', in December 1994, the Office of the Information and Privacy Commissioner received a compliant that the Vancouver Police Department had taken a decision to block out the faces of those person who were being interviewed by the police in the program, "To Serve and to Protect." The complainant was KF Media Inc., of Vancouver B.C. KF Media Inc. who was the producer of the program, and it generally used media in ride-alongs when the police were doing their jobs of apprehending a suspect. The media would be invited, with the co-operation of certain Police Departments in British Columbia, to join the police, and film the entire action on video. The purpose, as stated by the police, was to allow camera crews to capture police action on camera, live, so that the very reality of the work that the police officers do during the course of their jobs would be…
References
Ad Idem, Wilson vs. Layne. 24 May, 1999. Retrieved at http://www.adidem.org/case/wilson_990524.shtml . accessed 25 July, 2005
Chadwick, Paul. Privacy and Media, subtle compatibility, five categories of fame. 26th
International Conference on Privacy and Personal data Protection. 14 September, 2004. Retrieved at http://26konferencja.giodo.gov.pl/data/resources/ChadwickP_paper.pdfaccessed on 25 July, 2005
Fighting Police Abuse: a Community Action Manual. 1 December, 1997. Retrieved at http://www.aclu.org/PolicePractices/PolicePractices.cfm?ID=5009&c=25 . Accessed on 26 July, 2005
Privacy
By law, majority of business institutions are required to provide their customers with information regarding their privacy policies on an annual basis. Business institutions are prohibited from sharing nonpublic personally identifiable customer information with non- affiliated third parties, unless consumers are clearly provided with an opportunity to opt-out. However, there have been concerns among people, as the opt-out process is time consuming for many individuals and in some cases privacy notices have been found too difficult to understand. Customers also indicate that current privacy notices are too long, contain too much legal jargon, or are too hard to read.
The privacy notices that business firms traditionally send to their customers are not new, however, with the growing explosion of the information systems and the Internet, the federal agencies have begun to question whether the traditional types of the privacy notices are adequate or there is a need to revamp…
References
Lee, W.A (2002). Biggest Banks Not the Most Trusted For Privacy. American Banker, 167 (204): 7-8.
Linder, Craig (2004). Banks to Regulators: Leave Privacy Notices Alone. American Banker, 169 (66): 3-4.
McKim, Robert (2001). Privacy Notices: What They Mean And How Marketers Can Prepare For Them. Journal of Database Management, 9 (1): 79-85.
Vijayan, Jaikumar (2004). Privacy Potholes. Computerworld, 38 (11): 36-38.
Privacy vs. Freedom of Press
The right to privacy is more important than the freedom of the press. A great deal of media intrusion is abuse of press freedom by solely aiming to boost circulation by feeding on public interest instead of determining what is in the public's best interest (Skidelsky). Courts have held there is no special privileges on journalists. The right to privacy should be protected by press unless given consent otherwise.
Too many times, victims of crimes and celebrities get identified in media that brings about more embarrassment. Victims of crimes, especially in rape situations, have enough embarrassment without the world knowing. In these situations, the press does more damage than good by reporting the events of these situations. The added embarrassment causes more emotional harm that takes more treatment time to heal from the occurrences and takes longer to adjust to life and living with the…
Bibliography
"Freedom of the Press, 2005, West's Encyclopedia of American Law." 21 May 2013. Encylopedia.com. Document. 21 May 2013.
Skidelsky, Robert. Freedom of the press vs. right to privacy. 2 Sep 2008. Article. 21 May 2013.
Taylor, Phillip. Debate views over balancing test between privacy and press rights. n.d. Article. 21 May 2013.
The Right of Privacy. n.d. Law Faculty Document. 21 May 2013.
Yet, consumers feel that the online businesses have gone too far in their data profiling practices (Up for sale: Privacy on the Net).
More and more, these companies use cookies and Web bugs to secretly track down information about customers. Internet businesses track Web users across multiple Web sites to build detailed individual profiles about personally sensitive information such as spending habits, income, illnesses and occupation. Often this data is sold to retailers or to private data collection agencies without the customer's knowledge or permission.
Consumer privacy advocates and online businesses are at odds as to how to best resolve privacy concerns (Up for sale: Privacy on the Net). Online businesses support continued self-regulation and providing consumers with the option to "opt out" of data collection processes. Online businesses also believe that new services such as zeroknowledge.com help consumers prevent tracking of their personal information. Consumer privacy advocates, on the…
Bibliography
McDonald's Internet privacy policy. http://www.mcdonalds.com/privacy.html
Up for sale: Privacy on the Net (2001, March 25). CNET News.com. http://news.cnet.com/2009-1023-254701.html
Privacy
Graeff and Harmon (2002) studied the issue of consumer views about privacy, and found a few things. They found that consumers are generally concerned about privacy, but that the level of their concerns varied by demographic market segments. Further, they supported the long-held view that consumer concerns about privacy and how their personal information is used will affect their desire to make purchases on the Internet. Thus, there is a disconnect between the level of concern that consumers have with respect to their personal information, and their knowledge of how their information is gathered. Even consumers who were concerned about the use of their data were unaware, for example, that loyalty cards are used to gather consumers' personal information and record their shopping habits.
In a study contemporary to the same time frame as the Graeff and Harmon study, Phelps, D'Souza and Nowak (2001) lend support to Graeff and…
References:
Graeff, T. & Harmon, S. (2002). Collecting and using personal data: Consumers' awareness and concerns. Journal of Consumer Marketing. Vol. 19 (4) 302-318.
Phelps, J., D'Souza, G. & Nowak, G. (2001). Antecedents and consequences of consumer privacy concerns: An empirical investigation. Journal of Interactive Marketing. Vol. 15 (4) 2-17.
Phelps, J., Nowak, G. & Ferrell, E. (2000). Privacy concerns and consumer willingness to provide personal information. Journal of Public Policy and Marketing. Vol. 19 (1) 27-41.
Culnan, M. & Bies, R. (2003). Consumer privacy: Balancing economic and justice considerations. Journal of Social Issues. Vol. 59 (2) 323-342.
Privacy Issues in McDonald's:
As part of its commitment to its customers, McDonalds Corporation is very sensitive to privacy issues. While the company does not share, sell or reveal any personal information to third parties, it may share this information within the corporation, subsidiaries, franchises and affiliates. However, the use of shared personal information within McDonald's family is based on the corporation's privacy policy. Notably, companies that may be engaged by McDonald's to carry out certain functions like offering technical services, fulfilling orders and helping with promotions may gain access to personal information if necessary. McDonald's Corporation restricts those companies to use the personal information for conducting those functions and not for any other purpose. The company restricts the use of this information because of its sensitivity to privacy issues and the need for caution in any communications with its treasured customers.
Privacy egulations at McDonalds:
With its rapid growth…
References:
"McDonald's Internet Privacy Policy." (n.d.). McDonalds Corporation. Retrieved August 15,
2011, from http://www.mcdonalds.com/us/en/privacy.html
Mello, M.M., Rimm, E.B. & Studdert, D.M. (2003, November). 'The McLawsuit: The Fast-Food
Industry And Legal Accountability For Obesity. Health Affairs 22(6), 207-216. Retrieved from http://content.healthaffairs.org/content/22/6/207.full
PIVACY
What ways privacy legally protected United States Essay Question: Explain general ways privacy legally protected United States Essay 250 words length APA format. 2 references Book eference Bennett-Alexander, D.
Explain the three general ways in which privacy is legally protected in the United States
The right to privacy is not specifically enumerated in the U.S. Constitution but the U.S. Supreme Court over the years has ruled that it is a protected right within the "penumbras" of various Bills of ights such as the right to free speech and the right to be protected from unreasonable searches (Linder 2013). The right to privacy can also be more generally found in the Ninth Amendment's reference to "other rights retained by the people" and the Fourteenth Amendment which generally prohibits the government from engaging in practices inconsistent with the freedoms guaranteed in the other sections of the Bill of ights (Linder 2013).…
References
Bennett-Alexander, D.D., & Hartman, L.P. (2009). Employment law for business (6th ed.).
New York, NY: McGraw-Hill.
Linder, D. (2013). Right of privacy. Exploring Constitutional Conflicts. Retrieved:
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
Privacy in Intelligence Gathering and Surveillance
Present scenario: • You owner a security company specializes physical personal protection. You creating operations plan company. Prepare a word security management plan. Using scenario, address area include components: • Create a company policy address issues concerns privacy intelligence gathering surveillance (ONLY discuss topic NOT provide introduction conclusion).
Policy Objective
The policy's objective is to ensure that deployment of surveillance equipment is in a manner to guarantee the safety, security and any other benefits for their use. The deployment shall at all times ensure that individual rights to privacy are not infringed.
Underlying Principles
The company undertakes to be responsible for contracting clients' property safety, the safety of the visitor and employees. Intelligence gathering will at all times be carried out conscious of the need to protect the information from leaking out and the need for privacy for individuals.
Policy Statement
It is appreciated…
References
Parenti, C. (2003). The Soft Cage: Surveillance in America from Slavery to the War on Terror. New York: Basic Books.
Peterson, M. (2005). Intelligence-Led Policing: The New Intelligence Architecture. Washington, DC: Bureau of Justice Assistance.
Privacy Rules HIPPA
Over the years, various regulations have been enacted to ensure increased amounts of protection for the general public. The Health Insurance Portability and Accountability Act (HIPPA) was designed for several different reasons. The most notable include: to ensure that laid off employees are receiving continuous health insurance coverage, prevent fraud / abuse and to protect the privacy of all patients. This is significant, because it created a new standard for all health insurance providers, insurance companies and employers to follow. However, various problems have emerged over the years. One of the most notable is: the underlying costs of these regulations are adding to: the expenses for health care organizations and professionals. This is problematic, because the program was designed to address issues that could be affecting the workers and their families. Yet, over the years it has morphed into another big bureaucracy that is increasing the number…
Bibliography
Impact of HIPPA. (2005). Medscape. Retrieved from: http://www.medscape.com/viewarticle/506841_4
Doscher, M. (2002). HIPPA. Boston, MA: AMA Press.
Hagan, K. (2009). Phasers on Stun. Schwabe. Retrieved from: http://www.schwabe.com/showarticle.aspx?Show=11563
Kibbe, D. (2001). A Problem Orientate Approach. AAFP. Retrieved from: http://www.aafp.org/fpm/2001/0700/p37.html
Privacy Law
One such privacy law that has been enacted is the Health Insurance Portability and Accountability Act (HIPAA). It has provisions that govern data use and privacy among healthcare providers, insurers, and employers. There are stringent measures put in place to govern recording and sharing of communication between financial services providers and their clients (Mills, 2009). Outside the United States territory, there are legislations put in place that guarantee once privacy. Europe, as a matter of fact has a very strict European Privacy Directive that governs provisions that limit data collection, notice and approval of myriad types of data collection, and making data available to customers with mechanisms for stopping collection efforts and correcting inaccuracies. HIPAA compels healthcare providers, insurers, and employers to only use data in their position in total regard of the law. Divulging any information in their possession to unauthorized party is illegal and would attract…
References List
Kate, G. (October 6, 2006). The $1 Million Netflix Challenge. Technologyreview.
http://www.technologyreview.com/news/406637/the-1-million-netflix-challenge/
Mills, E. (July 6, 2009). Report: Social Security Numbers Can Be Predicted. CNET.
http://news.cnet.com/8301-1009_3-10280614-83.html .
Privacy Security
National Security vs. Individual Liberties
A Long Standing Debate has Taken a New Turn in the Modern Digital Era
ikiLeaks
The Edward Snowden Leaks
Liberty and National Security
The debate between national security and individual liberties, especially privacy, has reached new proportions as technology has increased the ability for the state to create mass surveillance programs. The events that occurred on September 11th, 2001, definitely changed the political and social landscape within the United States. This also heightened the debate between security and privacy. Many politicians made the case that they needed new and more technologically advanced protection systems to help combat the threat of terrorism.
Politicians were quick to use the aftershock of the terrorism events to pass new legislation that significantly expanded the ability of organizations such as the CIA and NSA to create new tools to monitor both domestic and foreign individuals. The extent of…
Works Cited
Anonymous. "A World Beyond Borders." 25 January 2011. Tunisia on Fire: Self-Immolation to World Revolution. Online. 2 April 2014.
Bio. "Edward Snowden Biography." 3 April 2014. Bio. Online. 3 April 2014.
Collateral Murder. "Overview." N.d. Collateral Murder. Online. 2 April 2014.
Eisenhower, D. "Military-Industrial Complex Speech, Dwight D. Eisenhower, 1961." 1960. Coursea. Online. 3 April 2014.
Similarly, the company e-mail is not intended for personal use. This is no different than expecting an employee to behave in an appropriate fashion while on work property. No employee should be able to use fowl language, be abusive, use substances, etc. while working.
I do have some concerns, however, with the above noted companies that eight companies reported they would read and review these electronic transactions if they receive other information that an individual may have violated company policies. First, a company should be very careful on how they gain information about another employee. The term "other information" is very broad. I would hope that there would have to be considerable concern before an employee is investigated. Second, a company has to recognize that electronics like anything else can be altered. Not to be paranoid, but people will do strange things against someone else if angry, jealous, offended in…
Privacy or Surveillance -- Political Topic
Privacy or Surveillance?
We live in an age of heightened concerns about terrorism and public safety. The events of 9/11, the constant threat of future terrorist plots and mass shootings and public bombings have put both the American people and government on high alert. Some of the government's responses have included development of the Department of Homeland Security and terrorist threat level systems (Hiranandani, 2011). Other efforts have included intense, and oftentimes undercover, surveillance of the activities of everyday citizens. This is particularly true regarding cell phone conversations, email exchanges and web-based activities.
ecent news has highlighted that the National Security Agency (NSA) has used thousands of analysts to listen to domestic phone calls and monitor emails and text messages without the consent or knowledge of the American people (Barrett, Ballhaus & Aylward, 2013). The NSA acknowledges these practices and argues that court authorization…
References
Bailey, R. (2013). Your Cellphone Is Spying on You. Reason, 44(8), 34-39.
Barrett, D., Morath, E., Ballhaus, R., & Aylward, A. (2013, June 11). Investigators Pore Over NSA Leaker's Life. Wall Street Journal - Eastern Edition. p. A9.
Clark, M. (2006). Cell Phone Technology and Physical Surveillance. FBI Law Enforcement Bulletin, 75(5), 25-32.
Hiranandani, V. (2011). Privacy and security in the digital age: contemporary challenges and future directions. International Journal of Human Rights, 15(7), 1091-1106. doi:10.1080/13642987.2010.493360
Privacy of Health ecords in the United States: Health Information Privacy in the Correctional Setting
The advent of technology both eased the handling of patients' health records by health practitioners and elevated the importance of health information privacy in all health care facilities. According to Goldstein (2014), electronic health records (EHs) are important in the delivery of patient centered medical care, improving the quality of care offered to patients, and reducing health disparities and medical errors. Compared to paper records, electronic records receive information from multiple providers and allow for the tracking of the patient's health throughout their life, which facilitates the access and sharing of health information for a variety of healthcare providers (Grady, 2012).
The problem
While majority of healthcare facilities are enjoying the benefits of electronic health records, some are yet to adopt the use of health information technology. In the U.S. correctional setting for example, there…
References
Goldstein, M.M. (2014) Health Information Privacy and Health Information Technology
In the U.S. Correctional Setting. American Journal OF Public Health. Vol. (104) [HIDDEN]
Grady, A. (2012). Electronic Health Records: How The United States Can Learn From The
French Dossier Medical Personnel. Wisconsin International Law Journal. Retrieved 16 April 2015 from http://hosted.law.wisc.edu/wordpress/wilj/files/2013/01/Grady.pdf
As will be discussed, this has serious implications for security issues on both a personal, organizational and corporate level.
A central concern is that, as the number of users increase online so does the potential threat of invasion of privacy in many insidious forms. This can lead to serious ethical infringements of privacy, such as fraud and identity theft. As Miyazaki, and Fernandez ( 2001) emphasize;
This rapid growth (of the Internet) has been accompanied, however, by concerns regarding the collection and dissemination of consumer information by marketers who participate in online retailing. These concerns pertain to the privacy and security of accumulateaa with respect to these issues
(Miyazaki, and Fernandez 27)
3. Privacy and the Online Context
Data privacy is defined as follows: "Data privacy refers to the evolving relationship between technology and the legal right to, or public expectation of privacy in the collection and sharing of data…
Works Cited
Adams, Helen R., Robert F. Bocher, Carol a. Gordon, and Elizabeth Barry-Kessler. Privacy in the 21st Century: Issues for Public, School, and Academic Libraries. Westport, CT: Libraries Unlimited, 2005. Print.
Barnes, Stuart, ed. E-Commerce and V-Business: Digital Enterprise in the Twenty-First Century. 2nd ed. Oxford, England: Butterworth-Heinemann, 2007. Print.
Bielski, Lauren. "Debit's Growing Popularity." ABA Banking Journal.98.1 (2006): 37. Print.
Borenstein N. The Future of the Internet and the Internet of the Future.
hile the TSA claims that privacy rights are not violated by the use of full body scanners, many passengers disagree, as do many in the human rights community. A United Nations special rapporteur on the protection of human rights points out that recording details of private parts was an especially egregious human rights violation. In particular it was noted that women, people of certain religions and certain cultural backgrounds would likely find the procedure and the notion of their bodies being recorded to be offensive (Agence France-Press, 2010).
There are two dimensions on which the privacy issue surrounding airport screening procedures can be evaluated. The first is the legal issue. The Privacy Act itself offers little direct guidance with respect to airport screening. The Act's emphasis is more on the control of information that comes from the activities of government agencies than on collection of the information itself. As such,…
Works Cited:
Hofstede, G. (2009). Cultural dimensions: United States. Geert-Hofstede.com. Retrieved March 13, 2010 from http://www.geert-hofstede.com/hofstede_united_states.shtml
Privacy Act of 1974. 5 U.S.C. § 552a. Retrieved March 13, 2010 from http://www.justice.gov/archive/oip/privstat.htm
Rucker, P. (2010) TSA tries to assuage privacy concerns about full-body scans. Washington Post. Retrieved March 13, 2010 from http://www.washingtonpost.com/wp-dyn/content/article/2010/01/03/AR2010010301826.html
Agence France-Press. (2010). Airport body scans breach rights: UN export. The Montreal Gazette. Retrieved March 13, 2010 from http://www.montrealgazette.com/travel/Airport+body+scans+breach+rights+expert/2665961/story.html
Privacy and Abuse Protection Efforts of usinesses
Facts
Many workforces in most nations all over the world are increasingly becoming global. These workforces cooperate, communicate, and link up in multinationals and global marketplaces via web-based applications across countries and territories. The phenomenon of globalization has removed quite a number of differences amongst peoples and nations both in workplaces and in other areas[footnoteRef:2]. However, some questions have been raised on the origins of workplace privacy. For instance, the U.S. (United States) and the E.U. (European Union) have quite a number of differences with regards to workplace privacy. Such kinds of differences bring about significant challenges for an employer whose workforce is global in nature or who manages human resources using technologies and processes that go beyond borders. [2: Determann and Lothar (2011)]
Employers have accessibility to personal data of their workforce. This data might be insightful and so the workforce might…
Bibliography
1. Determann, Lothar, and Robert Sprague. "Intrusive Monitoring: Employee Privacy Expectations Are Reasonable in Europe, Destroyed in the United States." Berkeley Technology Law Journal, 2011. Accessed October 23, 2015. http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1899&context=btlj
2. Johnson. "Technological Surveillance in the Workplace." 1995. Accessed October 24, 2015. http://www, fwlaw.com / techsurv.html.
3. Lee, Konrad. "Anti-Employer Blogging: Employee Breach of the Duty of Loyalty and the Procedure for Allowing Discovery of a Blogger's Identity before Service of Process Is Effected." Duke Law & Technology Review 2 (2006). Accessed October 24, 2015. http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1148&context=dltr .
4. Mishra, Jitendra, and Suzanne Crampton. "Employee Monitoring: Privacy in the Workplace?" S.A.M. Advanced Management Journal 63, no. 3 (1998). Accessed October 24, 2015. http://faculty.bus.olemiss.edu/breithel/final backup of bus620 summer 2000 from mba server/frankie_gulledge/employee_workplace_monitoring/employee_monitoring_privacy_in_the_workplace.htm.
When the National Security Agency (NSA) of the United States is collection information in bulk with no rhyme or reason to it, that can become too might quite quickly. While it is wise to keep an eye on chatter and look for key words, phrases and patterns, there is indeed rules of evidence and the needs for warrants in many cases and that should be respected. The United States should certainly keep an eye on international communications as they have a right and duty to do so but citizens who are behaving themselves should be left alone and not monitored. In addition, and especially in light of events like 9/11, people can get profiled and labeled as suspects with no rhyme or reason. Indeed, most Muslim terrorists are male Arabs from 18 to 34 but there are plenty of young Arab males who love the United States and/or are doing…
References
Jurist. (2007, January 13). JURIST - Paper Chase: Bush signs legislation to protect phone records, ban pretexting. JURIST - Paper Chase: Bush signs legislation to protect phone records, ban pretexting. Retrieved March 28, 2014, from http://jurist.org/paperchase/2007/01/bush-signs-legislation-to-protect.php
PrivacyRights.org. (2014, March 28). Privacy Rights Clearinghouse | Empowering
Consumers. Protecting Privacy.. Privacy Rights Clearinghouse | Empowering
Consumers. Protecting Privacy.. Retrieved March 28, 2014, from https://www.privacyrights.org/
torproject.org//overview.html.en . You refer Tor Wikipedia page. Other questions require a web searching reading. Questions: 1. Alice a Lilliputian overthrow government Lilliput
Privacy has become a critical aspect nowadays. There are more and more dangers in terms of national security, international terrorism, and organized crime. In the name of protecting a nation, or providing a secure living environment, the governments often address possible cybercrimes or terrorist actions by infringing the right of the human being to privacy. Whether it is their private mail, their electronic mail, or even their private telephone conversations, people are becoming more and more reluctant to the issue of ensuring national security by having breaches of their own privacy.
As the world is in a constant development mode, the internet represents perhaps the most important communication means at the moment. This is the reason why most governments and security analysts consider that privacy on the internet…
Both the Privacy Act and the FOIA is very relevant in the present issues that the country is addressing at present. The extra measures that the Bush government is implementing to prevent another terrorist attack resulted to non-disclosure of federal records to the public, and the ease of obtaining information about individuals, especially when the government considers the individual a possible link, suspect or threat to the government. These measures demonstrate a violation of the very functions of both laws, a most-debated upon issue nowadays, as America continues to be weary and fearful of possible future terrorist attacks.
orks Cited
Hall, D. (2006). Administrative Law: Bureaucracy in a Democracy. NJ: Prentice…
Works Cited
Hall, D. (2006). Administrative Law: Bureaucracy in a Democracy. NJ: Prentice Hall.
Privacy in the Workplace
The importance of privacy has risen over the years and its handling has become extremely crucial lately. Defaulting organisations have been faced with serious legal actions and thus, companies have taken a higher interest in the conversations of their workforce. However, this effort of the employer aimed at monitoring the activities of workers isn't as smooth as it should be due to the right of the employee to personal privacy.
The right of the workers to workplace privacy has caused several court cases recently, mostly due to the digital revolution of business communication i.e. emails, memos etc. Technological developments have made it possible for all form of digital communication as well as Internet use in the workplace to be placed under surveillance. Although employees have their reservations about this, the employers are protected by the law. However, other actions of the workers like confidential discussions and…
Bibliography
Cox, S., Goette, T., & Young, D. (2005). Workplace Surveillance and Employee Privacy: Implementing an Effective Computer Use Policy. Communications of the IIMA.
Muhl, C., (2003). Workplace e-mail and Internet use; employees and employers beware. Monthly Labor Review. 2, 36-45.
Smith, D., & Burg, J. (2012). What Are the Limits of Employee Privacy? Retrieved from GP Solo: http://www.americanbar.org/publications/gp_solo/2012/november_december2012privacyandconfidentiality/what_are_limits_employee_privacy.html
Privacy Matters: Introduction to Sociology.
As Glenn Greenwald points out, the Internet has been turned into a tool of mass surveillance, notably with the NSA always lurking and spying on the Digital Era’s best means of communication. To some extent this type of spying and violation of privacy has become accepted as the norm because sociopolitical discourse in the modern era presupposes that there are two types of people in the world, as Greenwald puts it—those who are good (who do not plot against the state) and those who are bad (terrorists who do plot against the state). Those who are good have nothing to hide and therefore should not mind if the state snoops around and peeks into one’s personal messages and private life to make sure you are still one of the good guys. The problem with this is that it is a violation of trust and privacy…
If the company wants productive employees who give back to their places of employment and remain committed to company values, then reading employee emails should be prohibited. Reading employee emails represents a gross violation of privacy, which should be protected in an employee bill of rights. Even though employers need to make sure that employees are not playing games or doing too much personal emailing on company time, a certain degree of personal emails should be permitted, tolerated, or even encouraged to make workers feel at home and comfortable while in the office. Finally, reading employee emails is a type of privacy violation that garners bad publicity and the company might suffer poor public relations if it becomes notorious for reading employee emails. Reading employee emails should not be tolerated because ultimately it harms the company.
Architecture
Privacy and Security in Housing
Men has learned different methods of building roads, buildings, houses, bridges and highways but the basics of architecture and the purpose is still same. The roads are for travelling and transportation while the houses are to provide shelter, security and privacy to the individuals and families. Houses save people from bad weather, vulnerabilities and privacy issues. While the basic need and purpose is same, there have been extra necessities that arrived with time as the lifestyle of the people changed (Building Basics: Architecture, 2013). The needs of security and decoration have increased over time thus the people want their residential buildings to be designed with much more care than they used to be in past. The design of houses comes into mind as collection of rooms, sitting areas, balconies, courtyards and garages. While the windows, doors, balconies and courtyards give a feeling of openness…
References
A-Frame Home Plans, (2010), Retrieved from:
http://www.homeplans.com/a-frame-home-plans
Building Basics: Architecture, (2013), Retrieved from:
http://www.alansfactoryoutlet.com/building-basics-architecture-101/
This will pevent the employee fom claiming that they had thei basic civil ights violated.
In the futue, once new changes ae intoduced (fom tansfomations in technology), is when thee will be new policies implemented. Duing this pocess, eveyone will have to go though a new couse that will explain these guidelines. Afte they have finished, is when they will sign anothe disclosue document.
If the kind of appoach was used by employes, it will help to avoid many of the legal challenges that ae impacting fims. This is because executives ae taking the Iowa Supeme Cout guidelines and ae going beyond them. In the event that they ae sued, the fim can demonstate that they ae doing above what is equied (when it comes to these challenges). It is at this point, that an employe can stike a balance between monitoing the activities of staff membes and potecting thei…
references cited in the paper in APA guideline format
Part A
My website of choice in this case will be eBay (https://www.ebay.com/). In essence, eBay is “a ‘virtual marketplace’ allowing eMerchants, located anywhere in the world, who have registered with eBay to trade within this ‘virtual world’” (Bardopoulos, 2015, p. 51). Some of the site’s product categories include, but they are not limited to, health and beauty products, toys and videogames, sporting goods, computers and consumer electronics, clothing, cell phones, books, etc. The site also offers for sale motorcycle and automotive accessories and parts.
The website has in place a comprehensive privacy policy that outlines the various ways through which the website may not only gather, but also make use of and disclose customer data. The contents of the privacy statement include; scope and content, global privacy standards, collection, use and retention, choice, access, disclosure, security, important information, and questions or complaints (eBay, 2018). On the basis of my…
Privacy" Does Not Love an explores darkness lurking beneath dom
James Adcox's novel Love Does Not is many things; a dystopian fantasy, a biting satire, a tale about the perversity of love. Yet it is also a scathing social commentary about the state of privacy in the world today -- and in America in particular -- in the wake of the burgeoning ar on Terror. Beneath the undercurrent of sex, intrigue, and murder, lies a pervasive sense of espionage and an abandonment of the right of individuals to enjoy basic civil liberties such as privacy. hen interpreted with this perspective, the novel is one in which characters and scenes are carefully constructed to illustrate the gradual eroding of the very laws that were initially formed to guarantee autonomy and an egalitarian, republican state as envisioned by the Founding Fathers. There are a number of salient similarities between these characters and…
Works Cited
Adcox, James. Does Not Love. Chicago: Curbside Splendor Publishing. 2014. Print.
Jaeger, Paul T., McClure, Charles, R., Bertot, John Carlo, Snead, John T. The U.S.A. Patriot Act, The Foreign Intelligence Patriot Act, And Information Policy Research in Libraries: Issues, Impacts and Questions for Libraries and Researchers. The Library Quarterly. 74(2), 99-121.
Matz, Chris. Libraries and the U.S.A. PATRIOT Act: Values in Conflict. Journal of Library Administration. 47(3-4), 69-87. 2008. Print.
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of a mouse. In this environment, can anyone, especially high school students, reasonably expect to have any degree of privacy? High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts. To determine what measure of privacy, if any, high schools students can expect at home and school today, this paper provides an overview of the issue of…
References
Alarming Number of Teens Addicted to the Internet. (2001, February 1). Korea Times, 3.
Albanes, R., Armitay, O., Fischer, B., & Warner, J. (1998). Marijuana, Juveniles, and the Police: What High-School Students Believe about Detection and Enforcement.
Canadian Journal of Criminology, 40(4), 401-20.
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Integrity: Privacy Protection in e-Commerce Websites
Privacy Protection in e-Commerce Websites
Back in the 90s, websites were more or less digital brochures that did little more than serve their registered users with monthly electronic newsletters. Today, however, websites are powerful and complex information platforms that not only store and process data, but also allow for the sharing of information across a wide range of online platforms. We share personal data on these websites, and unfortunately, the same passes on to numerous other parties, compromising our own security as well as that of our families in the process. The situation is even worse in the case of e-commerce websites. Whilst they have made shopping a whole lot easier by bringing specialty retail within a few clicks, they have also sprawled up opportunities for thieves who now find it a whole lot easier to obtain personal information and credit card numbers from…
References
Ackerman, M.S. And Davis, D.T., 2003. Privacy and Security Issues in E-Commerce. In. D.C. Jones (Ed.), New Economy Handbook, San Diego: Academic Press. Chapter 5.
Amazon Inc., 2014. Amazon.com Privacy Notice. Amazon Inc. [online] Available at https://www.amazon.com/gp/help/customer/display.html?nodeId=468496
Barnes & Noble Inc., 2014. Barnes and Noble Privacy Policy. Barnes & Noble Inc. [online] Available at http://www.barnesandnoble.com/help/cds2.asp?PID=25560
Best Buy Inc., 2014. Best Buy Privacy Hub. Best Buy Inc. [online] Available at http://www.bestbuy.com/site/legal-privacy-policies/privacy-policy/pcmcat204400050062.c?id=pcmcat204400050062
Confab, howeve, is an achitectue that is able to bypass these limitations and combine both appoaches. It is limited, though, and a tue pevasive envionment calls fo complex pefeences that can be easily manipulated by the end use.
Moeove, all these appoaches ae not completely sufficient in meeting the challenges mentioned in section 3.2. Fo instance, PETs and pivacy models do not explicitly contibute in a eduction of data collection, no is that thei intent o pupose. Although anonymous data collection is based on the assumption that if data is collected anonymously then it cannot be linked with any individual, and if data cannot be elated to an individual then it poses no theats in tems of pivacy. Thus, detailed pivacy policies and safeguads fo data ae not seen as citical in this model. By collecting anonymous data, one may ague that a tue minimum amount of pesonal data is…
references that can be easily manipulated by the end user.
Moreover, all these approaches are not completely sufficient in meeting the challenges mentioned in section 3.2. For instance, PETs and privacy models do not explicitly contribute in a reduction of data collection, nor is that their intent or purpose. Although anonymous data collection is based on the assumption that if data is collected anonymously then it cannot be linked with any individual, and if data cannot be related to an individual then it poses no threats in terms of privacy. Thus, detailed privacy policies and safeguards for data are not seen as critical in this model. By collecting anonymous data, one may argue that a true minimum amount of personal data is being collected. However, ensuring complete anonymity remains both technically and practically difficult.
For example, mix zones and changing pseudonyms are used to maintain anonymity but it is also possible to break the anonymity and track a user in a mix zone. Pervasive computing, then, needs other, more robust means to minimize the amount of data collection. Moreover, there are usability and efficiency issues that arise with any of these approaches. Testing, for example, is typically done in a controlled environment under limited conditions. The effectiveness of many of these solutions, then, has not been adequately tested under typical, real-world, conditions. In a true pervasive computing environment, users will move extensively between different computing environments and will interact with various devices (e.g. starting from small portable hand held device to large wall sized displays), and applications. It is difficult to predict how privacy solutions will perform in a true user-environment under more typical conditions.
Thus, it will be necessary to find and incorporate a unique privacy model that accentuates both social and legal norms, while ensuring the technical ability to protect privacy.
Newman, a. 2008, Protectors of Privacy: Regulating Personal Data in the Global Economy, Cornell University Press.
Department of Veterans Affairs Medical Center, Oklahoma City, Oklahoma
Today, the Department of Veterans Affairs (VA) operates the nation's largest healthcare system through the Veterans Health Administration (VHA), including 152 medical centers (VAMCs), 800 community-based outpatient clinics and numerous state-based domiciliaries and nursing home care units (About VA, 2016). As the second-largest cabinet agency in the federal government, the VA's budget exceeds the State Department, USAID, and the whole of the intelligence community combined) with more than $60 billion budgeted for VHA healthcare (Carter, 2016). One of the VHA's largest medical centers that provides tertiary healthcare services to eligible veteran patients is the Oklahoma City VA Medical Center (OKC VAMC) in Oklahoma City, Oklahoma. Like several other VAMCs, the OKC VAMC has recently been implicated in a system-wide scandal concerning inordinately lengthy patient waiting times and misdiagnoses which may have contributed to the deaths of some veteran patients and jeopardized…
References
About the Oklahoma City VA Medical Center. (2016). Oklahoma City VA Medical Center. Retrieved from http://www.oklahoma.va.gov/about/ .
About VA. (2016). Department of Veterans Affairs. Retrieved from http://www.va.gov / about_va/vahistory.asp.
Breen, K. J. & Plueckhahn, V. D. (2002). Ethics, law, and medical practice. St. Leonards, NSW: Allen & Unwin.
Carter, P. (2016). How to fix the VA. Slate. Retrieved from http://www.slate.com/blogs / the_works/2016/03/25/slate_s_infinite_scroll_implementation_explained.html.
Blog
Bennett, Jessica. "Should Facebook Ban Sexist Pages?"
Misogyny is alive and well online; the nternet provides just another forum in which bigots can express their views. n "Should Facebook Ban Sexist Pages," Jessica Bennett (http://www.thedailybeast.com/articles/2011/11/05/should-facebook-ban-sexist-pages-the-reality-of-misogyny-online.html) suggests that female bloggers can control the discourse by raising awareness about the presence of misogyny and working to correct the underlying social problems that spawn it in the first place. n many online forums, misogynists can hide behind the cloak of anonymity that the nternet provides. Even when identities are exposed, as on Facebook, sexism remains rampant. As Bennett puts it, "Facebook is just a newer version of the same old problem," (p. 2).
While Bennett fails to effectively address the central question she poses in the title of her blog post, other authors tackle the subject well. For instance, Brendan O'Neill of The Telegraph (http://blogs.telegraph.co.uk/news/brendanoneill2/100115868/the-campaign-to-stamp-out-misogyny-online-echoes-victorian-efforts-to-protect-women-from-coarse-language/) accuses all those who would view censorship…
In the peer-reviewed online journal First Monday ( http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/3086/2589 ), Eszter Hargittai notes that young users of Facebook are savvier about protecting their privacy than is commonly feared. However, Facebook has been under a lot of scrutiny lately, related to the site's privacy options and default settings. According to an article appearing in the online Wall Street Journal, ( http://online.wsj.com/article/SB10001424052970204224604577030383745515166.html ) "Facebook Inc. is close to a settlement with the U.S. government over charges that it misled users about its use of their personal information, the latest sign of widening public concern over privacy in the digital age." Hargittai champions personal responsibility and empowerment: which is far more useful in preventing privacy breaches than government intervention.
With a new Facebook phone ( http://www.itworld.com/it-managementstrategy/227281/facebook-phone-buffy-privacy-slayer ), set to reach markets, consumers are understandably suspicious about the pervasiveness of the social networking tool. Just how far are we willing to allow social networking to monitor our interests, beliefs, and ways of life? Facebook presents an interesting conundrum: we get more out of our Facebook interactions and friendships if we share more about ourselves; yet the more we share, the more of our lives becomes free fodder for marketing companies.
Savvy users of Facebook, like the young men and women participating in Hargittai's study, know how to restrict who sees what on their Facebook profile. It is up to the individual to make the privacy setting changes that are most appropriate to the user. Instead of crying about how a company wants to make money, Facebook members should learn about the Web tools they use on a daily basis.
DNA Fingerprinting
The subject of DNA fingerprinting has become a prominent issue on several fronts. The applicable paradigms involved include law enforcement, privacy concerns and immigration, just to name a few. A few questions and concerns about DNA will be included in this repot including what precisely DNA fingerprinting is, how it is done, the step-by-step methods of fingerprinting, how DNA is compared on an electrophoresis (EPG), what precisely EPG is, whether the author of this report agrees with DNA fingerprinting everyone for medical reasons, why DNA is considered potential evidence in a court of law and whether the author of this report aggress with the government wanting to DNA-fingerprint everyone so that they can learn about disease propensity and other pieces of information. hile DNA fingerprinting has and will continue to render a large amount of benefit, the privacy and other rights of people to be fingerprinted are a…
Works Cited
Aarli, Ragna. "Genetic Justice And Transformations Of Criminal Procedure." Journal Of
Scandinavian Studies In Criminology & Crime Prevention 13.1 (2012): 3-
21. Academic Search Premier. Web. 14 Oct. 2014.
Ai, Bingjie, et al. "The Elimination Of DNA From The Cry Toxin-DNA Complex Is A
Ethics
Incidental findings are fairly common in the course of medical testing, occurring in around one-third of all tests (Ofri, no date). Yet, the medical field is torn about what the ethical implications of such findings are. In particular, it can be difficult to determine whether reporting such findings is important, and therefore medical practice seeks to establish a threshold of what should and should not be reported. This particular finding, that the son is not the biological son of the father, does not appear to be medically relevant. First, it is not relevant to the question at hand, which is whether the people in the family have the marker for Huntington's Disease. The child could or could not, and his parentage is not relevant to that question. Second, who is or is not his biological father is not a matter of medical health, and especially not an immediate matter.…
References
Illes, J. & Kirschen, M. (2014). Unexpected findings. Monitor on Psychology. Vol. 45 (3) 54.
Meiser, B. & Dunn, S. (2000). Psychological impact of genetic testing for Huntington's disease: An update of the literature. Journal of Neuroology and Neurosurgery Psychiatry. Vol. 69 (2000) 574-578.
Ofri, D. (no date). Ethical implications of incidental findings. Danielle Ofri. Retrieved April 2, 2016 from http://danielleofri.com/ethical-implications-of-incidental-findings/
Clinical Activity: Maintaining Alignment to Legal Changes
Policy and Procedures on Information System
My organization's priorities are maintaining the confidentiality of patients and also protecting the organization as a whole from any security impingements. All information is password-protected with strong passwords requiring six characters or more, at least one capital letter and one lower case letter, a number and a symbol of some kind. Passwords are also regularly changed. There is also an additional level of screening with security questions.
Employees are prohibited from using their work email address to conduct personal business. All work emails are monitored to ensure that employees do not disclose private data of patients, work passwords, or open up potentially corrupted files that could damage the system. Mobile devices must likewise be secured and data must only be accessed on secured networks. All employees are prohibited from disclosing any private data about patients with any…
References
HIPAA. (2016). HHS. Retrieved from: http://www.hhs.gov/hipaa/
HIPAA: Electronic Data Interchange (EDI) Rule. (2016). ASHA. Retrieved:
http://www.asha.org/practice/reimbursement/hipaa/hipaa_edi_faq/
Your rights under HIPAA. (2016). HHS. Retrieved from:
Privacy & Civil Liberties
needs to communicate goals to the American public that include protecting the nation against threats to national security, ensuring the safety of citizens, friends, allies, and nations with cooperative relationships (Clarke, 2013). Promote national security and foreign policy interests, including counterintelligence, counteracting, and international elements of organized crime. Protect the right to privacy. Protect democracy, civil liberties, and the rule of law, eliminating excessive surveillance and unjustified secrecy. Promote prosperity, security, and openness in a networked world adopting and sustaining policies that support technological innovation globally and establish and strengthen international norms of Internet freedom and security. Protect strategic alliances that preserve and strengthen strategic relationships, protect those relationships, and recognize the importance of 'cooperative relationships'.
The U.S. government must protect national security and personal privacy that includes Fourth Amendment rights. Risk management should involve the rights to privacy, freedom and liberties on the internet and…
Works Cited
Clarke, R.A. (2013). Liberty and Security in a Changing World. The President's Review Group on Intelligence and Communications Technologies.
PHI Security and Privacy
Privacy and security is significant for any institution operating under offices because of clients, which prompts for the need of protecting the flowing information. In the context of a hospital, there is need for protecting the client's information in order to assure them of their privacy and security. Privacy is always important when attending to the clients since it provides an environment where the latter can open up to their doctors. Privacy refers to what the protected; information about the patient and the determination of the personalities permitted to use while security refer to the way of safeguarding the information through ensuring privacy to information (odrigues, 2010). The patients also need security because of the inevitability of serene environment for their recovery. Even though St. John's hospital presents good strategies in terms of their sound policies, this is not enough in ensuring confidentiality in the information…
Reference.
Harman, L.B., & American Health Information Management Association. (2006). Ethical challenges in the management of health information. Sudbury, Mass: Jones and Bartlett
Publishers.
Nass, S.J., Levit, L.A., Gostin, L.O., & Institute of Medicine (U.S.). (2009). Beyond the HIPAA
privacy rule: Enhancing privacy, improving health through research. Washington, D.C:
Employee Privacy Torts
History of Employee Privacy
Changing Trends of Employee Privacy
Impact of Innovative Technology on Employee Privacy
ole of Social Media towards Employee Privacy
Impact of Changing Community/Society on Employee Privacy
Adaptation to the new Environment pertaining to Employee Privacy
Employee Monitoring and Surveillance
Laws and Employer Policies for Text Messaging and Social Media
Electronic Communication Privacy Act
Monitoring of Employee Conversations over Telephone & Email
ecommendations for creating Effective Policies
Future Implications of Employee Privacy
As years have passed and the human race has penetrated into the epoch of twenty first century, the technological advancements have conquered almost every facet of human life, especially the workplace. The widespread platform of the internet has become the integral part of a person's life, in the same manner as businesses are employing technological advancements to perform numerous activities like internet infrastructure, maintenance of computers and so on. It means that…
References
Baker, D., Buoni, N., Fee, M. & Vitale, C. (2011). Social Networking and Its Effects on Companies and Their Employees. Retrieved from: http://www.neumann.edu/academics/divisions/business/journal/Review2011/SocialNetworking.pdf
Bergh, N.V.D. (2000). Emerging Trends for Eaps in the 21st Century. Haworth Press, Incorporated.
Campbell, D. (2007). The Internet 2007: Laws and Regulatory Regimes. USA: Lulu.com.
Cate, F.H. (1997). Privacy in the Information Age. USA: Brookings Institution Press.
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…
References
Cowan, J. (2010). Why we'll Never Escape Facebook. (Cover story). Canadian Business, 83(10), 28-32.
Davis, S. (2009). Is There A Right To Privacy? Pacific Philosophical Quarterly. 90(4), 450-475.
De Bruin, B. (2010). The Liberal Value of Privacy. Law & Philosophy, 29(5), 505-534. doi:10.1007/s10982-010-9067-9.
Doyle, C., & Bagaric, M. (2005). The right to privacy: appealing, but flawed. The International Journal of Human Rights. 9(1), 3-36.
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
Historical background
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal…
References
Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).
Borse v. Piece Goods Shop, 963 F.2d 611 (1991).
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).
City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).
egulating Internet Privacy
Privacy regulation has remained pinnacle of issues that got birth with internet. Every innovation in technology is at the expense of privacy; it is no more there as most of technicians believe. A layman using internet does not find how and when his personal information is can be traced by someone else; privacy at workplace that was once enjoyed by the employees is no more at one's disposal, and the never ending cookies and internet bugs allow heightened levels of internet surveillance. General public, heedlessly, isn't aware of such issues and is jolted only when such issues are raised on media. Marc otenberg tells us about its importance, "Privacy will be to the information economy of the next century what consumer protection and environmental concerns have been to the industrial society of the 20th century" (Spinello, 2003).
What is the extent of privacy erosion? Where is it…
References:
Lugaresi, N. (2010). Electronic privacy in the workplace: Transparency and responsibility. International review of law, computers & technology, 24(2).
OECD guidelines on the protection of privacy and transporter flows of personal data. (n.d.). Retrieved April 10, 2013, from http://www.oecd.org/internet/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofpersonaldata.htm
Schwartz, Paul M. (2000). Internet privacy and the state. Connecticut Law Review, Vol. 32, spring.
Spinally, R.A. (2003). Cyber Ethics: Morality and law in cyberspace. Canada, CA: Jones and Barlett Publishers.
They suggest that the laws necessary to protect informational privacy from unauthorized collection and use simply must catch up to the realities presented by modern digital technology exactly the way the laws now prohibiting unwarranted wiretapping of telephones once lagged behind the obvious implications of failing to incorporate the needs posed by modern technology into appropriate legislation (Levin, 2012).
Competing Interests and Positions
On balance, there are legitimate justifications for imposing limits on the unrestricted collection and commercial use of information generated by ordinary individuals engaging in communications patterns that are now fast becoming as ubiquitous as the telephone. It is reasonable to suggest that when people use their cell phones or communicate via their Internet service provider (ISP) account, they have a reasonable expectation of privacy in digital data pertaining to that use, such as the identity of every call or email recipient. On the other hand, businesses such…
References
DeCew, J. "Privacy," the Stanford Encyclopedia of Philosophy (Fall 2008 Edition),
Edward N. Zalta (ed.). Accessed online: http://plato.stanford.edu/entries/privacy/
Larsen, R. (2007). Our Own Worst Enemy: Asking the Right Questions About
Security to Protect You, Your Family, and America. New York: Grand Central
This is achieved by forcing them to maintain a list of individuals who do not wish to be conducted about purchasing a variety of products and services. Furthermore, these protections were enacted to ensure that businesses are not engaging in tactics that are abusive by limiting the times when they can call and what they can say. (Caudill, 2000)
In contrast with the Consumer Privacy Bill of ights, the proposed regulations are designed to enhance protections. This is occurring over the Internet vs. On the telephone. These differences are showing how there is a loop hole in existing regulations as to how these laws are applied. The new guidelines are building upon the provisions from the Telephone Consumer Protections Act of 1991 by establishing procedures as to the way confidential information is used and collected from firms. This is occurring is through placing limits on an organization's online activities. ("Consumer…
References
Consumer Privacy Bill of Rights. (2012). CNN Money. Retrieved from: http://money.cnn.com/2012/02/22/technology/bill_of_rights_privacy/index.htm
Fact Sheet. (2012). White House.gov. Retrieved from: http://www.whitehouse.gov/the-press-office/2012/02/23/fact-sheet-plan-protect-privacy-internet-age-adopting-consumer-privacy-b
Barlough, R. (2003). The Do Not Call Registry Model. Marshall Journal Computer and Information, 22, 79 -- 85.
Caudill, E. (2000). Consumer Online Privacy. Journal of Public Policy, 19 (1), 7 -- 19.
Portability vs. Privacy
Electronic Medical ecords (EM) refers to the digital version of papers containing all the medical history of a patient. EMs are mostly applied in healthcare institutions for treatment and diagnosis.
Benefits of Electronic Medical ecords
The following are some of the benefits associated with electronic medical records (Thede, 2010). EMs are more efficient than paper records because they encourage providers to:
Track patient's data over time
Spot clients who are due for screening and preventive visits
Conduct patient monitoring to measure their parameters including blood pressure and vaccinations
Improve the overall quality of service provision in the practice
Electronic medical records store information in a manner that makes it impossible for outsiders to access. It might be necessary to print patients' medical records and delivered through the mail to other health care members or specialists.
HIPAA egulations and EM
The federal government passed the Health Insurance Portability…
References
Thede, L. (2010). Informatics: Electronic health records: A boon or privacy nightmare? Online Journal of Issues in Nursing, 15(2), 8.
http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofCon
Jacques, L. (2011). Electronic health records and respect for patient privacy: A prescription for compatibility. Vanderbilt Journal of Entertainment & Technology Law, 13(2), 441-462. http://www.jetlaw.org/wp-content/journal-pdfs/Francis.pdf
Stanhope, M., & Lancaster, J. (2012). Public health nursing: Population-centered health care in the community. Maryland Heights, Mo: Elsevier Mosby.
iegele indicates that "employers often wish to know whether they are entitled to contact an applicant's references and what obligations they may have in this regard. ith respect to obtaining consent to contact such references, it is accepted that an applicant who lists references on a job application or resume is implicitly consenting to a prospective employer contacting and obtaining information from those references. Similarly, it is generally accepted that an applicant who lists former employers is deemed to be giving consent to have those employers contacted for references." (iegele, p. 3)
Conclusion:
This speaks to the fundamental condition in the relationship between employer and prospective employee. The latter must make available willingly certain information that would otherwise be considered private and protected. This is part and parcel to the process of attempting to gain employment and provides the prospective employer with avenues to determine the suitability of the individual…
Works Cited:
Draper, H. (2012). Facebook Privacy Issues Arising in Hiring Process. Biz Journals.
Fleischer, M. (2010). A Legal Landmine: Privacy Issues in the 21st Century. Med Team Support Staffing.
Forster, E. & Garakani, G. (2007). Critical Issues in the Hiring Process. Blaney McMurtry Barristers & Solicitors, LLP.
Waggott, G. (2011). Law Note -- Pre-Hiring Background Checks. McMillan.ca.
privacy in the workplace encourages contempt.
Legitimate Limits
Economic reasons for supervision.
Reasons of inter-employee, and employee-customer safety.
Reasons of performance.
Definition of excessive supervision/invasion of privacy.
Examples of excessive supervision/invasions of privacy.
Legal consequences/ramifications.
Effects of legal yet employee-perceived insufficient privacy.
Effects on performance
Effects on Morale
Possible psychological/health effects
Ultimate Employee Contempt results from:
Illegal/unethical supervision and invasion of privacy.
Legal yet excessive supervision/surveillance or what employees view as excessive invasion of privacy.
Conclusion: Employees view invasion of privacy with contempt that transfers to contempt for employers and supervisors.
Employer Surveillance, Lack of Privacy and Employee Contempt
In today's modern age, employers across the board have begun to resort to increasingly invasive methods to monitor the performance and behavior of their employees. Previously a realm of banks and retail establishments, employee monitoring has become the norm in most large and many small businesses -- aimed at everything from…
Works Cited
Houston, Justine. Barnes, James. Keynes, Amanda. (1999). "Examination of the Issue of Electronic Monitoring of Employees." Retrieved on October 10, 2004, from, http://www.swlearning.com/bcomm/lehman/lehman_13e/good_example_long_report.pdf
James, Geoffrey. (2004). "Employee Monitoring: How to Respect Privacy Rights and Prevent Morale Backlash." Retrieved on October 10, 2004, from, http://www.privacyknowledgebase.com/privacyAdvisor018_s.jsp
NWI. National Work rights Institute. (2000). "Electronic Monitoring in the Workplace." Retrieved on October 10, 2004, from, http://www.workrights.org/issue_electronic/em_legislative_brief.html
Stanford University. (2004). "Monitoring in the Workplace: Health Concerns." Web site. Retrieved on October 10, 2004, from, http://cse.stanford.edu/classes/cs201/current/Projects/electronic-monitoring/health.html
This information, stored on a computer and used to correlate with other data could be considered invaluable by many researchers, but the patients have a right to keep certain information private, and to suggest anything else would be an ethical violation of the patient's privacy.
Because computer ethics is such a volatile issue, an entire branch of study has grown up around computer ethics, which proponents who believe the computer age caused these ethical issues, and others who believe these issues would have surfaced anyway. One of the proponents of computer ethics, who actually was the first to teach the concept, Walter Maner, from Old Dominion University, is a proponent of the computer creating brand new ethical issues. An expert quotes Maner, "For all of these issues, there was an essential involvement of computing technology. Except for this technology, these issues would not have arisen, or would not have arisen…
References
Adams, H.R., Bocher, R.F., Gordon, C.A., & Barry-Kessler, E. 2005 Privacy in the 21st Century: Issues for Public, School, and Academic Libraries. Libraries Unlimited, Westbrook, CT.
Bynum, Terryl 2008 Computer and Information Ethics, Stanford University, URL=" http://plato.stanford.edu/entries/ethics-computer/ "
Fisher, C.B. 2006 Privacy and Ethics in Pediatric Environmental Health Research-Part I: Genetic and Prenatal Testing. Environmental Health Perspectives, 114(10), 1617+.
Rennie, John 2008 Who's Watching You: The Future of Privacy, Scientific American, URL=" http://www.sciam.com/podcast/episode.cfm?id=28825D7D-D772-2192-12177C05B4B2AED7 "
Geolocation of the user based on the user's Internet protocol (IP) address. Location-based service companies that specialize in identity protection use this approach, and IP addresses, blocks of IP addresses and credit card billing addresses can all be used to develop a location profile.
2. Personal computer/web browser identification examines the hypertext transfer protocol (HTTP) browser header and other information from the user's computer or device, and compares them to what are expected. This approach compares the time expected from a user's originating geolocation with the actual timestamp that was applied to the information (Malphrus, 2009).
Taken together, these trends in geolocation technologies indicate that like it or not, consumers will increasingly be subjected to situations in which their precise geolocation is known and broadcast to others who may want to use this information for illegal or unethical purposes and these issues are discussed further below.
Legal Implications of Geolocation…
References
Achenbach, J. (2008, January). The radio age: RFID tags are tracking everything -- even you.
National Geographic, 209(1), 1.
A new Internet privacy law? (2011, March 19). New York Times, A22.
Black's law dictionary. (1999). St. Paul, MN: West Publishing Co.
Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
Positive Impact…
Unfortunately, many consumers may not be aware of their photographic image being used in this fashion and even if they were, existing privacy laws fail to provide any substantive protections. For example, in response to these trends, the Harvard Law eview published an essay entitled, "In the Face of Danger: Facial ecognition and Privacy Law," with a majority of the article describing how "privacy law, in its current form, is of no help to those unwillingly tagged" (2007, para. 3). These issues have become even more salient because of the proliferation of social networking sites as discussed further below.
Privacy within social networking sites
Currently, there is a wide array of social media networks available, including social sharing sites such as YouTube and Flickr and social networks such as Linkedln and Facebook (Hensel & Deis, 2010). Others such as Spokeo and Twitter have become the virtual meeting places of choice…
References
Bamberger, K.A. & Mulligan, D.K. (2011). Privacy on the books and on the ground. Stanford Law Review, 63(2), 247-249.
Brodkin, J. (2009, December 8). PCWorld. Retrieved from http://www.pcworld.com/article/
184029/Facebook_halts_beacon_gives_95m_to_settle_lawsuit.html.
Buchholz, R.A. & Rosenthal, S.B. (2006). Internet privacy: Individual rights and the common good. SAM Advanced Management Journal, 67(1), 34-36.
This could be construed as a part of the atmosphere that exists in the work place. At which point, entity / individual can sue the employer for violating the law, by not properly monitoring their employees' email and internet activities. ("Workplace Privacy and Employee Monitoring" 2010)
However, a larger concern that employers have is any email sent to someone by an employee can become a problem for them in the future. Where, an employee may tell a customer something in an email, then delete it and deny they said anything. The problem for the employer is that email correspondence can be retrieved later on, after the person has deleted the email. This can be used as evidence that the company knowingly knew what was occurring, because of the email record. If there were any kind of laws broken, law enforcement has a right to view all email correspondence with a…
Bibliography
Work Place Privacy and Employee Monitoring. (2010). Retrieved March 7, 2010 from Privacy Rights website:
http://www.privacyrights.org/fs/fs7-work.htm
Saunders, K. (2003). Practical Internet Law for Business. Boston, MA: Artech House.
This will prevent visitation to illicit websites such as pornographic and gambling websites; prevent usage of ecommerce sites such as Amazon or Ebay; or to prevent the use of general recreational or social sites such as Facebook and Myspace. Other companies may elect, with all legal protection, to prevent any web navigation beyond those sites which are essential to conducting business.
hy do companies implement e-mail and Internet use policies?
Most companies determine to use such monitoring policies based on the calculated view that the loss of privacy will promote greater workplace efficiency by discouraging inappropriate use of company resources and time. Among the reasons supplied for using email and web-use monitoring, the text by iBrief (2001) offers the needs to preserve the company's professional reputation, the maintenance of employee productivity, preventing sexual harassment or cyberstalking, preventing defamation, preventing illegal company disclosure and preventing copyright infringement. (iBrief, 1)
hat assumptions…
Works Cited:
iBrief. (2001) Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy. Duke L. & Technology Review, 26.
Privacy Rights Clearinghouse (PRC). (2009). Fact Sheet 7: Workplace Privacy and Employee Monitoring. Privacy Rights.org. Online at http://www.privacyrights.org/fs/fs7-work.htm
The courts have basically given businesses cart blanc with regard to the monitoring of what their employees say and do in their work email as well as on their work computers, even when they sign in to private web-based email accounts for private transmissions, as such events can be recorded by employers, as the computer being used has been designated by the courts as the domain of the employer to be used by the employee only for the purpose of legitimate business commerce.
Though there are still a limited number of court cases that document the firing of employees, as legitimate on the grounds of their use of employee computers to engage in non-work related communications, they do exists and they are being determined in the favor of the employer. These cases will likely serves as a bridge that will continue to severely limit the "privacy" of individuals, i.e. clearly…
Works Cited
Clochetti, Cory a. Monotoring Employee E-Mail: Efficient Workplaces vs. Employee Privacy.
Duke L. & Tech. Rev. 0026 http://www.law.duke.edu/journals/dltr/articles/2001dltr0026.html .
Froomkin, a. Michael. "The Death of Privacy?." Stanford Law Review 52.5 (2000): 1461.
Rich, Lloyd L. Right to Privacy in the Workplace in the Information Age All Good Layers Legal Resource Directory October, 31, 2007 http://www.allgoodlawyers.com/guestbookview.asp?key=97
1. The constitutional foundation for the right to privacy is multifaceted. However, this right is implicit to the right of liberty guaranteed by this document. In particular, privacy is a manifestation of the civil liberties which all citizens are assured of in the U.S. Constitution. The preamble to the constitution states this fact. The preamble reveals the Constitution was created in part to “secure the Blessings of Liberty” (Founding Fathers). The blessings of liberty quickly become a curse if there is no privacy. If people were able to see and become cognizant of everything everyone did, then people are not necessarily free or experiencing a state of liberty. Privacy, therefore, is implicit to liberty, which is why the constitutional defense of this concept provides the foundation for the right to privacy.
There are other parts of the constitution which provide a foundation to the right of privacy as it relates…
Email Privacy
Times change and so do social institutions. When the laws protecting our privacy were originally drafted there was not even the notion of email. Such a concept was so futuristic as to be well beyond the most imaginative of the Founding Fathers. Today, however, emails have become a regular course of communication between members of society and, as such, they deserve attention. Do they fall within our expectation of privacy or does their digital nature make them automatically public?
The legal case that brought this issue to the forefront was that of a young marine, Lance Corporal Justin Ellsworth of Michigan (Chambers, 2009). Ellsworth was killed in action in Iraq in 2004 but prior to his death he had written emails to this family and friends. After his death, his family requested the email provider, Yahoo, to grant them access to Ellsworth's account but Yahoo refused to honor…
Bibliography
AOL. (2003). AOL Information. Retrieved April 25, 2011, from AOL Legal Department: http://legal.web.aol.com/aol/aolpol/memagree.html
Benson, P. (2007). The Theory of Contract Law. New York: Cambridge University Press.
Chambers, J. (2009, April 21). They win right to see late son's messages. The Detroit News, p. 1.
Kozyris, P.J. (2007). Regulating Internet Abuses: Invasion of Privacy. London: Kluwer Law International.
Employee Handbook Privacy Section
ABC Widget Company: Employee Handbook Privacy Section
What privacy rights issues should be addressed?
In the Age of Information, there are increasing concerns being voiced about what can legitimately be expected to be kept private, and how these issues affect employees' rights in the workplace. According to Hayden, Hendricks and Novak (1990, most adults spend approximately one-half of their waking hours in the workplace today, and it is therefore not surprising that employment practices affect a broad range of privacy rights. With the sole exception of polygraph ("lie-detector") testing, there are not many areas of workplace activities that are addressed by the U.S. Constitution or national privacy laws. As a result, employers in the United States have a great deal of flexibility in collecting data on their employees, regulating their access to personnel files, and disclosing the contents of employee files to those outside the organization.…
References
Backer, T.E. & O'Hara, K.B. (1991). Organizational change and drug-free workplaces:
Templates for success. New York: Quorum Books.
Hayden, T., Hendricks, E. & Novik, J.D. (1990). Your right to privacy: A basic guide to legal rights in an information society. Carbondale, IL: Southern Illinois University Press.
Muhl, C.J. (2003). Workplace E-Mail and Internet Use: Employees and Employers Beware An
Conger, 2009).
ecommendations for Organizations
The many factors of data mining and their use for profiling customers and their needs also create opportunities for organizations to build greater levels of trust with their customers as well. And trust is the greatest asset any marketer can have today. The following are a series of recommendations for how organizations can address demographic influences that impact their marketing strategies in light of concerns surrounding the ethics of data mining.
First, it is imperative, across all demographic segments that marketers make a deliberate a very clear effort to explain their opt-in and opt-out policies and also provides evidence that they do what they claim to in this area. The greatest challenge for the consumer is controlling their personal information online and ensuring it is well managed to their preferences (Pratt. Conger, 2009). Marketers who give consumer control over their data in this way will…
References
Adams, N.M. (2010). Perspectives on data mining. International Journal of Market Research, 52(1), 11.
Bose, I., & Chen, X. (2009). Hybrid models using unsupervised clustering for prediction of customer churn. Journal of Organizational Computing and Electronic Commerce, 19(2), 133.
Kaiser, C., & Bodendorf, F. (2012). Mining consumer dialog in online forums. Internet Research, 22(3), 275-297.
Kiron, D. (2012). Why detailed data is as important as big data. MIT Sloan Management Review, 53(4), 1-3.