Question 1

Employers are not in violation of the Electronic Communications Privacy Act when they monitor their employees' emails,as long as the clearly inform their employees that monitoring may occur.

Accepted Answer

As per the Electronic Communications Privacy Act, employers are not in violation if they inform their employees that monitoring of their emails may occur. So, it is true that employers are not in violation if they clearly inform their employees about email monitoring.

Question 2

Judy's employer installed software on her work computer to monitor all of her internet activity,including personal emails. She believes this action constitutes an invasion of privacy and her employer may be liable in tort. Which legal standard would apply?

A)She will succeed if she can show that the installation of the software was an intentional intrusion "upon the solitude or seclusion her or her private affairs," and the employer's use of the software would highly offend a reasonable person.
B)She will succeed if she can show that her employer viewed information that was not public using the software.
C)She will succeed if she can show that her employer used the software to monitor her activity during work hours.
D)She will succeed if she can show that her employer did not act reasonably when installing the software

A

Accepted Answer

The legal standard that would apply in this scenario is the tort of invasion of privacy. To succeed in an invasion of privacy claim, Judy would need to show that her employer's actions constituted an intentional intrusion upon her solitude or seclusion or her private affairs, and that such intrusion would highly offend a reasonable person. Therefore, option A is the correct answer. Option B refers to the unauthorized access of private information, which is another type of invasion of privacy tort, but it is not applicable in this scenario. Option C refers to monitoring during work hours only, which is not the sole determinant of an invasion of privacy claim. Option D is too broad and ambiguous, as it does not specify what kind of reasonableness is being referred to.

Question 3

The term &#34;privacy&#34; does not appear anywhere in the Constitution of the United States. Explain Despite this,the Supreme Court has recognized privacy rights guaranteed by the Constitution. Provide three examples specific privacy protections that the Court has recognized.&#8203;&#8203;

Accepted Answer

The Court has stated that the government cannot interfere in the choices you make about your private family and sexual life,including the use birth control or (for adults)and consensual homosexual activity,for example.&#160;The government is also not allowed to publicize the most intimate private information of citizens,such as medical and sexual histories.The Fourth Amendment also protects both individuals and corporations against unwarranted and unreasonable government searches or seizures.

Question 4

Frank was engaged in a dispute with his employer over a workers' compensation claim.The employer searched the internet for information about him and found a blog that he had published that detailed all of his hiking adventures,including some that occurred during a period of time when he was claiming he was unable to work due to injury. Identify the test that most courts would use in determining whether or not Frank's employer's actions were an invasion of privacy and indicate whether they were.&#8203;&#8203;

Accepted Answer

The answer of Frank was engaged in a dispute with...

Question 5

In what way do telematics pose a threat to employee privacy?&#10;A)They enable workplaces to become more efficient through the use of data relating to employee activities.&#10;B)They enable employers to more effectively monitor supply chains and merchandise sales, which results in reduced theft.&#10;C)They enable employers to constantly monitor employees' movements and use of technology and equipment, revealing information such as when they take breaks and the internet websites they visit.&#10;D)They place pressure on employees to remain efficient and productive.

Accepted Answer

Telematics devices can track employees' movements, use of technology and equipment, and internet use, which can reveal personal information that some employees may not want their employers to have access to. This can lead to a violation of employee privacy, as constant monitoring can create a feeling of being constantly watched and monitored.

Question 6

The U.S.Constitution explicitly guarantees the right to privacy.

Accepted Answer

The U.S. Constitution does not explicitly mention the right to privacy. However, the Supreme Court has interpreted certain amendments, such as the Fourth Amendment's protection against unreasonable searches and seizures, to imply a right to privacy in certain contexts.

Question 7

Privacy rights are triggered under the Fourth Amendment:&#10;A)when a corporation has authorized an agent with direct authority to perform an electronic search of an employee's e-mail account.&#10;B)when the government is monitoring a person's movements in public.&#10;C)when the government is conducting a search.&#10;D)during an archival search of e-mails on a corporation's server in response to a lawsuit that was filed by a competitor.

Accepted Answer

The Fourth Amendment pertains to search and seizure by the government. Therefore, privacy rights are triggered under the Fourth Amendment when the government is conducting a search, as in option C. Options A and D pertain to searches conducted by a corporation, which may be subject to other legal standards. Option B pertains to surveillance in public places, which is not usually subject to Fourth Amendment protections.

Question 8

Discuss the employee claims that counter businesses' justifications of electronic surveillance.&#8203;

Accepted Answer

The answer of Discuss the employee claims that counter businesses'...

Question 9

Discuss Lewis Maltby's proposition that employers should not do drug testing (or other testing related to off-work conduct)but should instead focus on impairment testing when an employee is entering the workplace..&#8203;

Accepted Answer

The answer of Discuss Lewis Maltby's proposition that employers should...

Question 10

The Fourth Amendment protects persons and corporation from unwarranted and unreasonable searches.

Accepted Answer

The Fourth Amendment to the United States Constitution protects individuals' and corporations' rights to privacy and security against unreasonable searches and seizures conducted by the government without a warrant.

Question 11

Briefly describe what Alan Westin believes are the &#34;functions of privacy.&#34;&#8203;

Accepted Answer

The answer of Briefly describe what Alan Westin believes are...

Question 12

Which statement best summarizes the privacy protections afforded by the Federal Stored Communications Act.&#10;A)The only electronic communications it pertains to are private emails.&#10;B)It protects all electronic communications that were transmitted via an electronic communication service, that are in electronic storage, and that are not public, but does not prevent a person who was authorized to see those communications from sharing it with others.&#10;C)It prevents the intended recipient of an electronic communication from sending that communication to other people.&#10;D)It enables employers to see any and all electronic communications made by their employees.

Accepted Answer

The answer of Which statement best summarizes the privacy protections...

Question 13

The development of technology brought about the first instances of employers monitoring their employees' activities outside of work.

Accepted Answer

The answer of The development of technology brought about the...

Question 14

Under the Genetic Information Nondiscrimination Act of 2008 (GINA)it is unlawful for an employer to request,require or purchase genetic information related to employees of their families. List at least three exceptions to this rule.&#8203;

Accepted Answer

The answer of Under the Genetic Information Nondiscrimination Act of...

Question 15

According to The Functions of Privacy,by Alan Westin,privacy has several functions in today's society.These include:&#10;A)Total freedom in the private life with no consequences to the work life.&#10;B)The ability to vent anger at authority without being held responsible.&#10;C)The ability to post critical information on the Internet without consequences at work.&#10;D)The ability to spend time quietly analyzing the actions and reactions of other people.

Accepted Answer

The answer of According to The Functions of Privacy,by Alan...

Question 16

Which of the following is NOT one of the privacy rights created by the Supreme Court through its interpretation of various constitutional amendments?&#10;A)The government cannot interfere with the choices adults make about their private family and sexual life.&#10;B)An individual's medical history cannot be publicized by the government.&#10;C)Individuals are protected against unwarranted invasion of privacy by private corporations.&#10;D)Corporations are protected against unreasonable government searches or seizures.

Accepted Answer

The answer of Which of the following is NOT one...

Question 17

9. When it comes to employment and social media:
I) Every U.S. law dealing with employee privacy grants significant deference to an employer's legitimate business interest.
II) U.S employers may legally canvass social media sites for information on employees and potential employees and act upon the information found.
III) When an employer finds and uses social media information to reprimand or fire an employee, the employee is likely to be successful in claiming the employer violated the employee's right to privacy.
IV) Employees can take steps to maintain the privacy of their social media use when they are not working to prevent employers from viewing it.

A)I and II only
B)I, II and III only.
C)I, II and IV only
D)I, II, III and IV

Accepted Answer

The answer of 9. When it comes to employment and...

Deck 4: Privacy: Technology, Surveillance and Freedom