Talking about Talking about PRIVACYPRIVACY

The right to privacyThe right to privacyWork Place PrivacyWork Place Privacy

Part one:Part one:The Right to PrivacyThe Right to Privacy

What is Privacy?What is Privacy? Privacy is the ability of an individual or

group to seclude themselves or information about themselves and thereby reveal themselves selectively.

The right to privacy The right against unsanctioned invasion of

privacy by the government, corporations or individuals is part of many countries' privacy laws, and in some cases, constitutions.

The right to privacy plays a unique role in American law and society. Privacy, although not explicitly protected by the Constitution, is considered a core value by most Americans.

The U.S. Constitutional The U.S. Constitutional Framework: Framework: The Fourth Amendment (1791)The Fourth Amendment (1791)

The Fourth Amendment provides “The right of people to be secure in their persons, houses, papers and effects, against unreasoneble searches and seizures…..”

1986

ElectronicCommunications Privacy Act (ECPA)

The primarypurpose of ECPA is to provide protection against unauthorizedsurveillance of electronic communications.

19931993 Privacy for Consumers and Workers Act Privacy for Consumers and Workers ActWhile not banning electronic monitoring, does protect employees While not banning electronic monitoring, does protect employees The employee must be given notice, when they are being monitored or recorded The employee must be given notice, when they are being monitored or recorded electronically by their employer while performing their job.electronically by their employer while performing their job.

1996: 1996: The HIPAAThe HIPAA (Health Insurance Portability (Health Insurance Portability

and Accountability Act) and Accountability Act) Privacy RulePrivacy Rule regulates the use and regulates the use and disclosure of certain informationdisclosure of certain information such as medical recordssuch as medical records

Computers and digital communication technologies present a serious challenge Computers and digital communication technologies present a serious challenge to legislators, judges and legal system requiring them to react to these new to legislators, judges and legal system requiring them to react to these new developments while constantly balancing the individual's civil liberties and the developments while constantly balancing the individual's civil liberties and the needs of societyneeds of society

2001 2001 USA PATRIOT USA PATRIOT ACTACTIncreases the ability of Increases the ability of law enforcement law enforcement agencies to search agencies to search telephone, e-mail telephone, e-mail communications, communications, medical, financial, and medical, financial, and other recordsother records

Part two:Part two:Workplace PrivacyWorkplace Privacy

Employer want to be sure their employees Employer want to be sure their employees are doing a good job.are doing a good job.

Employees don’t want every step to be Employees don’t want every step to be recordedrecorded

Employers may monitor calls with clients Employers may monitor calls with clients or custumers for reasons of “QUALITY or custumers for reasons of “QUALITY CONTROL”CONTROL”

Computer monitoringComputer monitoring

• e-mail monitoringe-mail monitoring

The EndThe End(Applause(Applause

))

And And remember: remember: Smile to the Smile to the cameras cameras