Exam 4: Privacy: Technology, Surveillance and Freedom

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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..​

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​Maltby points out that impairment can be caused by many other things than drug use including being sleep-deprived,ill or under stress (i.e.in the middle of a divorce).Whatever the reason,the test will determine if you shouldn't undertake certain activities (such as flying a plane)

Briefly describe what Alan Westin believes are the "functions of privacy."​

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(1)Personal autonomy:  believes in the uniqueness of each individual,and in that individual's basic dignity and worth as a creature of God and as a human being.  Therefore,the development and maintenance of this sense of individuality is linked to the human need for autonomy. 
(2)Emotional release:  because life in today's society is hectic,it generates tensions for which we are not prepared,and we must learn to cope with them. 
(3)  Self-evaluation:  every person must integrate his or her experiences into a meaningful pattern. 
(4)Limited and protected communication:  greatest threat to civilized social world is in a situation where each individual was totally candid. 

In what way do telematics pose a threat to employee privacy?

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

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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.​

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

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Which statement best summarizes the privacy protections afforded by the Federal Stored Communications Act.

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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.

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Discuss the employee claims that counter businesses' justifications of electronic surveillance.​

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

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The term "privacy" 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.​​

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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.​​

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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?

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According to The Functions of Privacy,by Alan Westin,privacy has several functions in today's society.These include:

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Privacy rights are triggered under the Fourth Amendment:

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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.

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Which of the following is NOT one of the privacy rights created by the Supreme Court through its interpretation of various constitutional amendments?

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