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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.
However, that was not an option, and it points to the rigidity of the corporation and its rules.
Harrah's defense of their policy is utilitarian in its outlook and its purpose. It stresses utility (beauty) over values or concerns of personal beliefs and personal privacy. A Harrah's spokesman for the "Personal Best" program noted, "Harrah's customers, people who are loyal to the Harrah's brand name, expect a certain quality of product, a certain quality hotel room, quality of food, and, yes, a certain quality in the appearance of the people who are serving them food and beverages'" (Chmela). It seems this stance is both rigid and extremely discriminatory against female employees, where a different appearance level is required. The policy does not require male beverage employees to wear makeup or style their hair, and it does not allow any flexibility in the policy. Harrah's only purpose is to create a…
Chmela, Holli. "Personal Best' Not up to Par." Washington Times. 11 Jan. 2005. http://www.washtimes.com/upi-breaking/20-8556r.htm
Guidos, Rhina. "Fired Bartender Sues Harrah's Over Makeup Policy." Reno Gazette-Journal. 7 July 2001.
Kravets, David. "Court to Decide Case on Makeup." Reno Gazette Journal. 22 June 2005. http://www.rgj.com/news/printstory.php?id=102344
privacy in the workplace encourages contempt.
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.
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…
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
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…
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.
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…
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
right of employers to engage in electronic surveillance of their employees remains an area of intense legal dispute. However, overall the courts have been expanding, rather than limiting the rights of employers to use new technology to monitor worker behavior. Workers cannot assume that they have an expectation of privacy in the public environment of the workplace. "New technologies make it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated" (Fact sheet, 2011, Privacy ights).
Because employers own workplace computers and phones, they have a right to monitor employee's use of these devices. The one exception to this rule was in a New Jersey Supreme Court case where attorney-client privilege prevented an employer from reading the communications sent by an employee to her counsel on a…
Fact sheet 7: Workplace privacy and employee monitoring. (2011, April). Privacy Rights.
Retrieved April 29, 2011 at http://www.privacyrights.org/fs/fs7-work.htm #computermonitoring
Introduction: Privacy in the workplace. (2011). Cyberlaw. Harvard University.
Retrieved April 29, 2011 at http://cyber.law.harvard.edu/privacy/Module3_Intronew.html
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…
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.
ight to Privacy, 1st Amendment
The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is…
Hustler Magazine v. Falwell. (1988). The Oyez Project at IIT Chicago -- Kent College of Law.
Retrieved 7 July 2012, from http://www.oyez.org/cases/1980-1989/1987/1987_86_1278/
Notable First Amendment Court Cases. (2012). American Library Association. Retrieved 7 July
2012, from http://www.ala.org/offices/oif/firstamendment/courtcases/courtcases
On this matter, House Democratic Leader Nancy Pelosi stated, "Congressional leaders have no business substituting their judgment for that of multiple state courts that have extensively considered the issues in this intensely personal family matter." (Euthansia and Terri Schiavo b). Federal Judge James Whittemore heard the Schiavo case and ruled on March 22, 2005 that the Schindlers had not established a "substantial likelihood of success" at trial and refused to order the reinsertion of Terri Schiavo's feeding tube. Two days later, the United States Supreme Court would deny the Schindler's request to hear the case. Terri died on March 31, 2005.
This paper has presented only the most noted court rulings and proceedings regarding the Schiavo case. "Nineteen different judges at various times considered the Schindler's request on appeal in six state courts. All have sided with Michael Schiavo" (Euthanasia and Terri Schiavo b). In the absence of a living…
Bush v. Schiavo. http://compassionandchoicesnj.org/papers/schiavo.php
Kollas, C.D. And Boyer-Kollas, B. (2006, October 1). Journal of palliative medicine. 9(5): 1145-1163. doi:10.1089/jpm.2006.9.1145.
Euthanasia and Terri Schiavo. http://www.religioustolerance.org/schiavo4.htm
Euthansia and Terri Schiavo b. http://www.religioustolerance.org/schiavo3.htm
Rights and Obligations
'Drug use is information that is rightfully private and only in exceptional cases can an employer claim a right to know about such use." I wholly oppose this statement based on moral, as well as practical grounds. This brief considers the moral philosophy of utilitarianism, as well as the implications from which failure to drug test bring to a workplace.
The moral philosophy known as Utilitarianism was "originally proposed in the 19th Century by Jeremy Bentham," tuart Mill and others (Wikipedia, 2005, ¶1). The idea of this theory is one that suggests "the greatest good for the greatest number." My beliefs with regard to the first sentence are aligned with Utilitarian principle for two main reasons. The first are the figures that suggest that "drug abuse has been correlated with a decline in corporate profitability and an increase in the occurrence of work-related incidents," as it is…
Cranford, Michael. (1998). Drug Testing and the Right to Privacy: Arguing the Ethics of Workplace Drug Testing. Retrieved August 5, 2005, from Sundoulous: a fellow slave Web site: http://sundoulos.com/drugtesting/.
Wikipedia. (2005). Utilitarianism. Retrieved August 5, 2005, from Wikipedia: The Online Encyclopedia Web site: http://en.wikipedia.org/wiki/Utilitarianism
" (South Australia, p. 8)
This demonstrates the balance which is necessary in protecting the rights of the patient and simultaneously ensuring that physicians have the freedom necessary to perform to the best of their abilities. In a respect, this underscores the nature of the strategies used for the protection of patients' rights. The intention is primarily to provide a basic forum for the constructive interaction of patient and physician with legal recourse serving as a failsafe. So is this implied by the LSCSA, which indicates that the demands of existing Patients' Rights standards are designed to make the physician actively accountable to the patient's interests. Therefore, the LSCSA indicates a strategy for preserving the right to consent, reporting that "although the first step usually should be to speak to the doctor or other health care provider who has treated the patient, if any doubts remain, a patient should not…
Legal Services Commission of South Australia (LSCSA). (2010). Patients' Rights. Law Handbook.sa.gov.au.
South Australia (1995). Consent to Medical Treatment and Palliative Care Act 1995. Legislation Revision and Publication Act 2002.
South Australia1 (2009) Mental Health Act 2009. Legislation Revision and Publication Act 2002.
The ability of the state to hem in the free use of public space is clearly seen in the limitation of the Free Speech movement in Berkeley, California. Students at the state university were outraged by the limitations placed upon the campus by the administration, such as prohibiting non-students from disseminating materials and the prohibition on distributing political leaflets on the Bancroft-Telegraph sidewalk, traditionally an area of political protest (Mitchell 90). The university invoked its right, in loco parentis to supervise free expression. Students and administrators were at war as to whether the university was a totally free public space, or a space subject to regulation -- this division would later be waged over the People's Park, an area designated for university expansion. The war between the university and state authorities that ensued turned the park into a generational or ideological battle, articulated and mapped on the space. Who owned…
Right from the beginning, information systems were perceived as tools that could increase efficiency. Quinn (1976) prescribed increased use of information systems in public service in order to improve efficient delivery and to realize cost savings. Information systems do this by storing and retrieving information more quickly and effectively, resulting in faster response times and greater accuracy simultaneously.
Fast forward to today and we can see the many different ways in which this efficiency is being applied in society. For example Kauffman, eber and u (2012) note that information systems can be a component of competitive strategy. The ability to gather, store and process information can be a competitive weapon if a company can do it better than its competitors. The concept of big data reflects the power of information systems to handle vast amounts of information and from that develop competitive advantage when your capabilities are greater than competitors…
Alaghehband, F., Rivard, S., Wu, S. & Goyette, S. (2011). An assessment of the use of transaction cost theory in information technology outsourcing. Journal of Strategic Information Systems. Vol. 20 (2011) 125-138.
Filip, F. (2007). Management information systems, review. International Journal of Computers, Communications and Control. Vol. 11(1) 103-105.
Ghoshal, S. & Moran, P. (1996). Bad for practice: A critique of the transaction cost theory. Academy of Management Review. Vol. 21 (1) 13-47.
Kauffman, R., Weber, T. & Wu, D. (2012). Information and competitive strategy in a networked economy. Journal of Management Information Systems. Vol. 29 (2)
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.
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.
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…
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).
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…
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.
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…
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.
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)
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…
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.
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.…
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
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…
Thede, L. (2010). Informatics: Electronic health records: A boon or privacy nightmare? Online Journal of Issues in Nursing, 15(2), 8.
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.
protection of personal rights. For instance, in the case of the U.S. Supreme Court on Griswold V. Connecticut, married couples should have the rights to privacy when it comes to birth control.
PROTECTING THE RIGHTS TO PRIVACY
Imagine the state telling people how many children they can have, what birth control methods they can use, and blasting the personal information of individuals on the television, computer, radio and etc. Personal information about what diseases, medical health, salaries, how many times an individual has been married, how many divorces, and other personal rights should be protected by the Fourth and Fifth Amendments. Should the state laws have the ability to give personal information to others? Should companies or individuals have the right to get personal information about a person off the computers? hat should individuals do to keep their privacy?
In Connecticut, it is a crime for a person to use…
Electronic Privacy Principles" CPSR Available Online at http://cpsr.org/program/privacy/privacy8.htm
Epic.org Electronic Privacy Information Center" Latest News October 16, 2002 Available Online at http://www.epic.org
Privacy and Civil Liberties" CPSR Available at http://cpsr.org/program/privacy/privacy.htm
Junk' Mail: How Did They All Get My Address" Fact Sheet 4: Reducing Junk Mail Oct 1992 Available Online at http://www.privacyrights.org/fs/fs4-junk.htm
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…
Work Place Privacy and Employee Monitoring. (2010). Retrieved March 7, 2010 from Privacy Rights website:
Saunders, K. (2003). Practical Internet Law for Business. Boston, MA: Artech House.
They would subsequently call them at home, leave literature and fetus dolls at their door, and even call families and distant relatives of the patients to inform them of the patients' plans to ask them to intercede. The Pro-Life advocates argued that they were lawfully exercising their right of free speech on public property (such as across the street fro doctors' offices) to verbally attack patients by name as they exercise their equally important right to personal physical autonomy under the recognized privacy penumbras.
The Value of the Legal Approach Suggested by the Article
The Yale Law Journal article (Clapman, 2003) explained various ways that the general right of free speech is limited by more important privacy rights. For example, truth is ordinarily an affirmative defense to defamation. However, existing law already recognizes that certain statements, despite being truthful, serve no valid purpose besides injuring another person, such as by…
Clapman, A. "Privacy rights and abortion outing: a proposal for using common-law torts to protect abortion patients and staff." The Yale Law Journal. Yale University,
School of Law. 2003. Retrieved May 25, 2010 from HighBeam Research:
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
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)
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
Harmony, History, Shopping & Digital Privacy
HARMONY, HISTORY, SHOPPING
Growing numbers of people are turning to online access for a number of rather ordinary activities. And increasingly they are learning that in doing so they are becoming involved in a world of business and to some extent deception that is at best built on a rather fragile foundation of trust and market forces. We have known for some time that as users of the virtual universe of opportunities, we are sharing with others information about us and what we want. ut the extent to which this information is otherwise being used has been left in the hands of a relatively unguarded concept of openness and honesty. We seem to like the idea of putting ourselves out in the world to see what happens of its own accord, no matter whether we are looking for love, our family's past or good…
But this search for convenience has tremendous disadvantages that we often easily overlook. Clearly, it involves giving away information whose value we have little appreciation for. But just as importantly, we do this without recognizing that those who gather this information do so with the intention of reshaping our future. They use the information to determine where we might like to go in future searches for information. The privacy pages of sites like Ancestry.com (2012), as one example, openly tell us if we read them that their software is using the information they give us to decide what we might like -- effectively cutting out the world of luck or chance in the searches we seem to want to make for ourselves.
PROTECTIONS: For the most part the experience of exploring the virtual world of access is very much like the adventure itself: it is built on us having a sense of trust that the system itself will guard our interests. Most advanced nations have some acceptance in core human rights being based on people being free to exploit their own privacy; but how this happens in practice remains unclear. So what we find is that collectively we seem to use the power of our numbers and this interest in privacy to be its own source of protection. There are consumer protection laws and common sense rules (Privacy Rights Clearinghouse, 2011), and these make up the majority of what we count on for protections.
Mostly though we trust that if people or businesses do something with the information that we provide them that is not as expected, masses of people -- usually through the media -- will create a
Employee E-Mail and Internet Privacy Policies
The increased usage of the Internet and e-mail has changed the way companies do business. Nearly instantaneous communication can take place globally. Information on a countless number of topics can now be accessed from anywhere around the world. These technological developments have not only helped employees increase their efficiencies, but also has given them a new means of distraction from their duties. For this reason, many companies have developed e-mail and Internet policies.
At my job, our e-mail policy states that e-mails should not include illegal or libelous statements. E-mail is to be used for business purposes only and e-mail communications are the property of the company. For this reason, the company may access sent and received from work computers at any time, this includes deleted e-mails that are stored on the company's servers. The Internet policy is similar in that the Internet is…
Fact sheet 7: Workplace privacy and employee monitoring. (2010). Retrieved 6 Dec 2010, from http://www.privacyrights.org/fs/fs7-work.htm #4a.
Privacy rights of employees using workplace computers in California. (2010). Retrieved 6 Dec 2010, from http://www.privacyrights.org/ar/employees-rights.htm .
E-Commerce and Privacy
Internet security has become a big issue because post people use it, at least in some capacity, and there are many unscrupulous people also who would love to profit from the security lapses of web sites. Since this is a factor in whether a web business can make money, it is just as important for the site as it is for the customer to make sure that an individual site is secure. Following is a description of an internet site security system designed to keep visitors from being defrauded and an evaluation of the security of four web sites which should have great security protocols.
For a web site to be secure, the security measures should be transparent. A user should be able to see what is there to protect them even if they do not understand what the measures are or how they work (Ackerman &…
Ackerman, Mark S., and Donald T. Davis, Jr., "Privacy and security Issues in E- Commerce." In, The New Economy Handbook, in press. Web.
Ackerman, Mark S., Lorrie Faith Cranor, and Joseph Reagle. "Privacy in E-Commerce: Examining User Scenarios and Privacy Preferences." ACM Conference on Electronic Commerce, 1999. pp 1-8. Web.
Privacy Rights Clearinghouse. "Fact Sheet 23: Online Shopping Tips: E-Commerce and You." Retrieved 29 November, 2010. Web.
Even when information should be shared with other educators and/or administrators, however, this does not mean that the information should become a part of general or public knowledge (Omstein & Levine 2007). Again, the risk of stigmatizing the student or in some way calling their development into question is quite high in certain circumstances, and even in the most mundane of instances other parents and non-educators might attempt to exert undue influence over another student's placement based on rumors or knowledge obtained through a lapse in privacy protection. This ultimately takes the power of decision making out of the teachers' and administrators' hands; instead of leaving the information and the decisions to those trained and equipped to handle them, breaching the privacy rights of students could potentially lead to a sort of mob rule of the schools, where the loudest voices make the decisions.
This is, of course, an extreme…
Chowdary, S. (2004). Mastery of teaching skills. Delhi: Discovery Publishing.
Omstein, A. & Levine, D. (2007). Foundations of education. Boston: Houghton-Mifflin.
In his preparation for a career in sports, an unethical coach or teammate may present the boy with steroids to enhance his physical performance, with the claim that Rodriguez advocates the use of such substances.
Furthermore, Rodriguez's apparent lack of remorse and his adherence to the claim that he was "young and stupid" creates a poor image for both the sport, its stars, and its followers. It furthermore indicates that being young precludes a person from making wise choices, and that only a maturity in years could bring the wisdom necessary to say no to performance-enhancing drugs.
This also has an effect upon parenting, and the ability of parents to influence children for their best benefit. tars such as Rodriguez indirectly promote drugs by means of their behavior. Jeopardizing good parenting in this way also influences the stability of the family and hence of society as a whole. It is…
Inman, Cam. (2009, Feb 17). Candid Cam: A*Rod, steroids and "My Cousin Vinny." http://proquest.umi.com/pqdweb?index=0&did=1646806551&SrchMo de=1&sid=21&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1236294835 & clientId=29440
Schneider, Angela J. (2007) Doping in Sport: Global Ethical Issues. Routledge.
right to privacy is wrongly assumed to be expressly protected by the Constitution; in fact no right to privacy clause exists but is implied in the Bill of Rights. Privacy is implied, for example, in the freedom of religious beliefs and practice guaranteed in the First Amendment. The Fourth Amendment's provision against unlawful search and seizure refers to the right to privacy, as does the Fifth Amendment right to remain silent. Privacy is broadly believed to be a natural extension of other rights in the Constitution.
In Griswold v. Connecticut the court described the right to privacy as part of a "penumbra" or zone encompassing at least the First, Third, Fourth, and Fifth Amendments ("Griswold v. Connecticut and the Right to Contraceptives"). The Griswold case provided the foundation for the later case Roe v. ade, which used the same penumbra analogy to show that childbearing choices fall within the presumed…
ACLU. "Your Right to Privacy." Retrieved online: https://www.aclu.org/other/your-right-privacy
"Griswold v. Connecticut and the Right to Contraceptives," Findlaw. Retrieved online: http://family.findlaw.com/reproductive-rights/griswold-v-connecticut-and-the-right-to-contraceptives.html
Kernell, Samuel, Jacobson, Gary C., Kousser, Thad, and Vavreck, Lynn. The Logic of American Politics. 6th edition. Thousand Oaks: Sage.
"The Right of Privacy." Retrieved online: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
Privacy Protection Features Present
Social Security Number:
Customer Information Sharing:
Information Provided by Website
Comparison among Top E-commerce Websites
First Mover vs. Follower in E-Commerce
Disadvantage of First Mover
Throughout the major part of the last century, there has been a lot of development and advancement in the field of information and technology (Jing, 2009). Most of the business activities have shifted base from being orthodox setups towards the IT portals. This development has also given rise to certain issues which were not present with the business fraternity earlier. In the past two decades, there has…
C. Juan. (2006). The electronic commerce security architecture and the safety technology apply. Net Security Technologies and Application. 7(1), 56-58. C. O'Connor. (2013). Wal-Mart Vs. Amazon: World's Biggest E-Commerce Battle Could Boil Down To Vegetables. Available: http://www.forbes.com/sites/clareoconnor/2013/04/23/wal-mart-vs.-amazon-worlds-biggest-e-commerce-battle-could-boil-down-to-vegetables/ . Last accessed 31 December 2014.
C.O' Connor. (2013). Wal-Mart Vs. Amazon: World's Biggest E-Commerce Battle Could Boil Down To Vegetables. Available:
Technology / Privacy / orkplace
There is a rapidly increasing use of technological monitoring in the workplace, and while technology in general has been highly beneficial to companies, the use of some technologies has raised privacy and ethical concerns among employees. This paper reviews the available literature when it comes to workplace monitoring of employees and the ethical implications of that monitoring.
Is Privacy in the orkplace a Dying Notion?
The right to privacy is a nice idea, and in some instances and circumstances in the United States an individual can reasonably expect to have his or her privacy respected. ebsites, for example, notify users frequently that their privacy is important and it is being protected. However, when it comes to the workplace, in an age of increased reliance on electronic technology, management has been able to "…monitor virtually all workplace communications" that employees have access to.
Findlaw asserts that…
Davidson College. (2002). Descriptions of Ethical Theories and Principles. Retrieved March 8, 2015, from http://www.bio.davidson.edu .
Esikot, I.F. (2012). Globalization vs. Relativism: The Imperative of a Universal Ethics.
Journal of Politics and Law, 5(4), 129-134.
Internet Encyclopedia of Philosophy. (2010). Consequentialism. Retrieved March 8, 2015,
Internet Privacy for High School Students
The unrestrained stream of information is conceived necessary for democracies and market-based economies. The capability of the Internet to make available the vast quantity of information to practically everyone, irrespective of their locations thus entails large benefits. The Internet provides access to the greatest libraries of the world to the students even in the smallest towns and permit the medical specialists to analyze the patients situated about thousands of miles away. The attribute of interactivity of the Internet fosters communication and personal and political expression. The Internet also assists to make the economies progress as it enhances the ease, speed and cost effectiveness with regard to the collection, compilation and delivery around the world to the multiple extent. The electronic commerce will decline the business costs as companies are able to take the benefits of enhanced access to customers, products and suppliers worldwide along…
Baskin, Joy Surratt; Surratt, Jim. "Student Privacy Rights and Wrongs on the Web" School Administrator. Vol: 35; No: 2; pp: 102, 114-116
Beth Givens, (February 2000) "Privacy Expectations in a High Tech World" Computer and High Technology Law Journal. Retrieved from http://www.privacyrights.org/ar/expect.htm Accessed on 14 April, 2005
'Board Policy with Guidelines Date Subject: Student Technology Acceptable Use Policy" (17 July, 2001) North Sanpete School District Policy. Number V-30. Retrieved from http://www.nsanpete.k12.ut.us/~nshs/nslibrary/accuse.html Accessed on 14 April, 2005
Brooks-Young, Susan. (November-December, 2000) "Internet usage update" Today's Catholic Teacher. Vol: 17: No: 2; pp: 53-56
In this sense, internet privacy represents a challenge indeed.
Internet privacy is a relatively new term and the definitions are therefore rather scarce or general. For instance, it can be defined as "the ability of individuals to determine for themselves when, how, and to what extent information about them is communicated to others." (Givens, 1999) in this sense, privacy is a matter of personal choice and is therefore subject to prior agreement from the individual. However, considering the fact that the internet is a global network in which high technology plays the most important role and without which none of the benefits of communication would be possible, it is rather hard to control the degree to which one's privacy is violated.
One of the most important players in the debate over internet privacy is the federal government. The terrorist threat represented a powerful alarm signal for the defense system, with…
Givens, Beth. The Emperor's New Clothes: Privacy on the Internet in 1999. Privacy Rights Clearinghouse. 1999. 15 June 2007 http://www.privacyrights.org/ar/emperor.htm
Jones, Jennifer, and McCarthy, Jack. Government ponders Internet privacy issues. Infoworld. 2007. 15 June 2007 http://www.infoworld.com/articles/hn/xml/00/02/21/000221hnprivacy.html
Macura, Katarzyna J. "Communicating on the Internet." Radiological Society of North America. 2007. 15 June 2007 http://www.rsna.org/Technology/internet3-1.cfm
Public Records on the Internet: The Privacy Dilemma. Privacy Rights Clearinghouse. 2006.
The bus stop where we waited for public transportation back to the campus was much closer to my home than the school and I asked for permission to take the bus that would get me home in approximately ten minutes instead of returning all the way back to school with my class on a different bus and then take the school bus home from school. That route represented an additional hour or more to my trip home, so I tried to explain to my teacher that I just wanted to take the same bus that I routinely used to get around town. My teacher refused to allow me to go home directly because he said that the school would be responsible if anything happened to me on the way home and I had to return all the way to the school before going home.
Exceptions to the Teacher's Authority Justified…
UN Human ights Committee Calls for U.S. Surveillance eform
In order to preserve and safeguard civil and political rights, the United Nations monitors the protection of these rights by member states who have become part of the International Covenant on Civil and Political ights (ICCP). As part of this legally binding treaty, the U.N. periodically assigns a body of independent experts to conduct an examination of how nations are implementing the protections guaranteed under ICCP. This body, called the Human ights Committee, then submits a report which "addresses its concerns and recommendations…in the form of 'concluding observations'." ("Human ights Committee") ecently the Committee submitted a report on the United States and its current policy of surveillance of the internet and wireless communications. In response to this report a digital freedom foundation called ACCESS wrote an article titled "UN Human ights Committee calls for U.S. surveillance reform" which supports the Committee's…
"Human Rights Committee." United Nations Human Rights: Office of the High
Commissioner for Human Rights. Retrieved from http://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx
Mitnick, Drew and Deborah Brown. (1 April, 2014). "UN Human Rights Committee calls for U.S. surveillance reform." ACCESSNOW.org. Retrieved from https://www.accessnow.org/blog/2014/04/01/un-human-rights-committee-calls-
While Swindle's solution is a start, more thought is needed in addressing privacy issues over an international Internet.
Smith, Sylvia. 2006. "Neutrality' backers fear Net censorship." Journal-Gazette. July 17: page 1.
Smith's article raises other concerns regarding government regulation -- that of restricting price increases for telephone companies, the cable industry and Internet Service Providers. These providers have argued that restricting how much they can raise their fees will compromise the development of the technology, and may pave the way for unequal access to information technology. Cyber-businesses, on the other hand, argue that if Congress takes a "hands-off" approach, these private companies are in a position to monopolize access to the Internet, and to practice censorship.
For consumer advocates and cyber-businesses, the solution should be a government-instituted policy of "net neutrality." Instead of addressing the fee issues, there should be a law specifically stating that service providers could regulate access…
Roach's article takes a look at an ongoing debate regarding the differences between government regulation on regular internet traffic and the kind of access needed for users in higher education. Current legislation gives law enforcement access to communication traffic, under stringent legal conditions and constraints. Librarians and other researchers in higher education, however, argue that access rules should be different for the academe, in order to ensure academic freedom.
This article recognizes the rapid changes in information technology, and many academics and librarians have been quick to use the medium for their own research. While the medium has its advantages, it also brings the researchers outside of the academe, which has a strong tradition of freedom. Such freedom is necessary to ensure that an academic could conduct research without social or political repercussions. For example, severe constraints on research and development would occur if a researcher could face jail time or worse for their beliefs. Similar issues could plague a writer who is crafting a novel that could be deemed "subversive," such as George Orwell's 1984.
Given these larger issues, the coalitions of universities, librarians and researchers are right in asking Congress to recognize their different needs. Law enforcement officials certainly have a legitimate need for wiretaps and other methods of monitoring communications traffic. However, the perceived needs to strengthen national security should not come at the expense of rights that this country already holds dear - those of freedom of expression, freedom of information and, as Supreme Court Justice Louis Brandeis once stated, "the right to be let alone."
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
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…
A-Frame Home Plans, (2010), Retrieved from:
Building Basics: Architecture, (2013), Retrieved from:
Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).
One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…
ACLU (American Civil Liberties Union). (2002, Mar. 4). The Bill of Rights: A brief history. ACLU.org. Retrieved 17 Sep. 2013 from https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history .
Bilz, Kenworthy. (2012). Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9(1), 149-171.
LII (Legal Information Institute). (2010). Criminal procedure. Legal Information Institute, Cornell University Law School. Retrieved 17 Sep. 2013 from http://www.law.cornell.edu/wex/criminal_procedure .
Wilson, Melanie D. (2010). An exclusionary rule for police lies. American Criminal Law Review, 47(1), 1-55.
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…
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.
right to die. The writer uses analytical skills to dissect and argue several right to die cases that have been presented in court in America. The writer discusses the ethics of the practice as well as presents ideas about the future "right to die" arguments and cases. There were eight sources used to complete this paper.
Through the advances of medical science people are living longer than ever before. Those who are chronically ill are being helped in the quest to alleviate symptoms and those who might have become ill in the past are being cured. The medical science advances have also allowed those who would have died in the past from head injuries, car crashes, gun shots wounds and other accidents to live. All of the advances that have been made have worked in favor for millions of people who otherwise would have died. The advances are also providing…
Physician-Assisted Suicide: The Legal Slippery Slope (accessed 1-19-2003) from Cancer Control: Journal of the Moffitt Cancer Center
Cases in history (accessed 1-19-2003)
(Samson, 2005, citing NY CPLR 4548 and Cal. Evid. Code 917 (b)) This means that the rationale behind the ruling was not limited to, or based solely in the attorney-client relationship. The court stated that employee awareness was the issue. The dominant considerations were if the corporation maintained a policy banning personal or other objectionable uses of e-mail, explicitly monitored the use of the employee's computer or e-mail, claimed a right of access to the computer or e-mails, or notified the employee, of the use of monitoring policies, all of which would diminish his or her expectations of privacy. (Samson, 2005) in this case, ACG did not demonstrably enforce any of these measures. This meant employees had a right to assume they were engaged in a private and thus privileged communication with their attorneys.
Given this ruling, it is likely that in the future, corporations that wish to have access…
Samson, Mark "In re: Asia Global Crossing, Ltd., et al. 322 B.R. 247. Bankr. S.D.N.Y." (March 21, 2005) Internet Library Subject Matter Index. Retrieved 10 Sept 2006 at http://www.phillipsnizer.com/library/cases/lib_case435.cfm
Ethical Dilemma Matrix
A business organization's Internet Service Provider (ISP) is providing preferential service (improved access, faster connection and download/upload speeds) to certain websites, apparently on the basis of business ties and co-ownership entanglements.
Autonomy, Justice, espect for Persons
-Users of the Internet have the duty to make and exercise their own choices, which is limited by preferential access.
-This duty also insists that users be able to face all risks and opportunities available in equal measure, and with fair access.
-Users have the right to be viewed as important ends in and of themselves, served by the ISP and not simply serving the ISP in terms of money.
the organization has a duty to ensure that its employees can perform their functions with minimal interference, and that stakeholders in the business are able to exercise autonomy in their…
FCC. (2005). August 5, 2005 Policy Statement. Accessed 21 October 2011.
Kapoor, G. (2007). Corporate Laws. New York: Taxmann Publications.
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…
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
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.…
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/
S. until the late nineteenth and early twentieth centuries. (Samuels, 2001) According to existing sources, which are sketchy, the establishment of adoption procedures initially failed to provide elements of confidentiality however, these protections were eventually included. Adoption laws and regulations have been instituted in what may be described as a manner that is both illogical and non-uniform in nature. The historical account of the adoption process in the U.S. states that: "Early in the twentieth century, states began moving toward protecting the privacy of participants in the adoption process by closing court records to public inspection." (Samuels, 2001) During the 1930s and 1940s as well as into the earlier part of the 1950s nearly all U.S. states imposed secrecy upon the records in adoptions in order to keep the adoption parents and biological parents from knowing one another and as well to keep the adopted child from accessing information relating…
Feast, J., Marwood, M., Seabrook, S., & Webb, E. (1994). Preparing for reunion: Experiences from the adoption circle. London: Children's Society.
Derdeyn, a.P. (1979) Adoption and the Ownership of Children. Child Psychiatry and Human Development Journal. Volume 9, Number 4, June 1979. 23.
Samuels, E.J. (2001) the Idea of Adoption: An Inquiry into the History of adult Adoptee Access to Birth Records. 2001 Rutgers Law Review, Winter, 2001.
National Adoption Information Clearinghouse, U.S. Department of Health and Human Services, Administration for Children and Families, April 20, 2004.
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…
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.
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.
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…
HIPAA. (2016). HHS. Retrieved from: http://www.hhs.gov/hipaa/
HIPAA: Electronic Data Interchange (EDI) Rule. (2016). ASHA. Retrieved:
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…
Clarke, R.A. (2013). Liberty and Security in a Changing World. The President's Review Group on Intelligence and Communications Technologies.
ight to privacy has been under attack in recent years from many sources. Issues such as terrorism and technological development has provided an opportunity and an excuse to lessen the protections that have been previously awarded Americans, as well as citizens of a number of other countries, in the name of their own protection. Albeit the threats of terrorism are real, there are also a series of threats that come from the violation of citizens' right to maintain their privacy in their daily activities. It is not only an invasion of privacy from the governments around the world that is an issue, but private organizations are also able to collect an immense amount of intrusive data about their customers or target markets. A legitimate balance between these concerns must be reached and in a timely manner because there is a significant amount of evidence that this balance is uneven and…
Gellman, B. (2013, December 23). Edward Snowden, after months of NSA revelations, says his mission's accomplished. Retrieved from The Washington Post: https://www.washingtonpost.com/world/national-security/edward-snowden-after-months-of-nsa-revelations-says-his-missions-accomplished/2013/12/23/49fc36de-6c1c-11e3-a523-fe73f0ff6b8d_story.html
Sadowski, J. (2013, February 26). Why Does Privacy Matter? One Scholar's Answer. Retrieved from The Atlantic: http://www.theatlantic.com/technology/archive/2013/02/why-does-privacy-matter-one-scholars-answer/273521/
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…
Harman, L.B., & American Health Information Management Association. (2006). Ethical challenges in the management of health information. Sudbury, Mass: Jones and Bartlett
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:
Government's Right To Spy And Command Our Life The Way They Do
The 9/11 attack saw over 3,000 Americans murdered by terrorists. The government was faulted, but there was a consensus that the U.S. government needed to take stern action. There was panic that made the congress to give the government fresh surveillance authorities. However, it attached an expiration date to the authority so as to allow for further deliberations after the end of the emergency. Decades later, the law has been extended on a number of occasions, yet there has been no public discussion on how the law can be interpreted. There has been an expansion of the surveillance at all fronts regardless of the freedom created by the founders of the United States. The surveillance should make us safer without violating the liberties of the American Citizens. This paper is a critique to the right of the government…
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…
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.
Normative Ethics and the Right to Privacy
Who owns a person's email after that person has died is a question that is coming up more and more with the advancement of technology. Cases such as those of deceased service members whose family wanted access to their email after they were killed in combat have made the news. Rulings were that the emails belonged to the deceased person and that person's Internet service provider, through the contract the person had with the company. Because of that, the parents or other family members who were grieving their lost loved one could not be given access to their emails. Whether that is "fair" is a matter of opinion, but is it ethical? In order to answer that question, it is important to explore the issue from both a utilitarian and deontological standpoint, as those are contradictory to one another. A conflict between two…
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK
courts and legislation. The European Court would, with the introduction of a British
Bill of Rights likely give greater leeway to British judges. The repealing of the Human Rights of 18 would limit the influence of British judges over the interpretation of pertinent legislation by enshrining the central features of the Act that reflect the English common law. At the very least, if
British judges feel that acts of Parliament are wholly incompatible with the European
Convention or with EU law.
To be effective as a complete solution to the problems which we have identified above a British Bill of Rights also would need to be accompanied by reforms which reinstate the British
Parliament's role as the sovereign authority over the whole legislative process. This would not be…
9 Merris Amos, 'Problems with the Human Rights Act 1998 and How to Remedy Them: Is a Bill of Rights the Answer
', The Modern Law Review, 2009, Volume 72, Issue 6, 883.
10 Daniel Martin, 'Now Even Europe's Human Rights Chief Admits British Bill of Rights is the Right Thing to Do', (Daily Mail, 27th October 2011), http://www.dailymail.co.uk/news/article-2054403/Now-Europes-human-rights-chief-admits-British-Bill-Rights-right-thing-do.html ..
Fichte separate right from morality and is it a good thing? Should they be separated?
Fichte's Philosophy of ight and Ethics
Why does Fichte separate right from morality and is it a good thing? Should they be separated?
Moral and political anxieties animate Fichte's entire philosophy and his perceptions to these issues that are innovative and at times tied together. His responses to Kant's vital philosophy in 1790 was a retaliation to the Kantian moral perception and its outset of human self-esteem as embedded in freedom and the moral outlook of human beings as normal agents. Fichte's perception on Wissenschaftslehre principle was a far from the conceptions developed in 1974 by the philosophers of Foundations of the entire Wissenschaftslehre. Fichte's major works in the principle of right and morality are extensively covered in these two areas; Fichte's Foundation of Natural ight (Cambridge Texts in the History of Philosophy) And the…
"Fichte's Philosophy of Right and Ethics," forthcoming in Gunter Zoller (2007). The
Cambridge Companion to Fichte. New York: Cambridge University Press.
ights Should Prisoners Have?
Discussions of human rights frequently focus on the rights that people should have in a free society. They look at the types of rights that free people should be able to exercise without interference from their government. However, not all discussions of human rights focus on the rights of the free. Instead, some discussions look at the rights that duly convicted criminals should have. Some scholars conclude that prisoners should have the basic rights as free men. This is a ridiculous conclusion. Looking at the Canadian Charter of ights and Freedoms, it is clear that some of those rights are not meant for prisoners. In fact, the very nature of imprisonment hampers the exercise of some of those rights. These rights include the freedom of mobility, the freedom of peaceful assembly, and the freedom from unreasonable search or seizure. Furthermore, it is important to keep in…
Canadian Charter of Rights and Freedoms, s. 2(c), Part I of the Constitution Act, 1982, being
Schedule B. To the Canada Act 1982(U.K.), 1982, c.11.
Canadian Charter of Rights and Freedoms, s. 6, Part I of the Constitution Act, 1982, being
Schedule B. To the Canada Act 1982(U.K.), 1982, c.11.