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Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings
Edition 20ISBN: 978-0324638189Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings
Edition 20ISBN: 978-0324638189 Exercise 2
Give an example of how law protects privacy.
Explanation
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Invasion of Privacy:
The tort of invasion of privacy occurs when a person has a reasonable expectation of privacy, and the invasion was highly offensive and unjustified. The following are the elements for invasion of privacy:
1. A public disclosure of facts regarding the plaintiff;
2. That the facts disclosed are private facts;
3. The matter is highly offensive to a reasonable person; and
4. The defendant acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter.
Opinion:
The right to privacy is partially protected under the Fourth Amendment to the U.S. Constitution. This protects the citizen against unreasonable searches and seizures by the government.
Hence, if a government representative wants to enter your personal dwelling to search, the representative must have probable cause, which is reasonable suspicion that something illegal or dangerous is occurring or has recently occurred on the premises.
Also, there are federal statutes that provide bank customers with protection against dissemination of their private information by banks. Further, the Family Educational Rights and Privacy Act of 1974 (FERPA) protects students' grades from dissemination without the student's direct permission.
The tort of invasion of privacy occurs when a person has a reasonable expectation of privacy, and the invasion was highly offensive and unjustified. The following are the elements for invasion of privacy:
1. A public disclosure of facts regarding the plaintiff;
2. That the facts disclosed are private facts;
3. The matter is highly offensive to a reasonable person; and
4. The defendant acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter.
Opinion:
The right to privacy is partially protected under the Fourth Amendment to the U.S. Constitution. This protects the citizen against unreasonable searches and seizures by the government.
Hence, if a government representative wants to enter your personal dwelling to search, the representative must have probable cause, which is reasonable suspicion that something illegal or dangerous is occurring or has recently occurred on the premises.
Also, there are federal statutes that provide bank customers with protection against dissemination of their private information by banks. Further, the Family Educational Rights and Privacy Act of 1974 (FERPA) protects students' grades from dissemination without the student's direct permission.
Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings
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