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Full-Text Articles in Law
Just Plain Dumb?: How Digital Contact Tracing Apps Could’Ve Worked Better (And Why They Never Got The Chance), Brian E. Ray
Just Plain Dumb?: How Digital Contact Tracing Apps Could’Ve Worked Better (And Why They Never Got The Chance), Brian E. Ray
Law Faculty Articles and Essays
This essay describes how the privacy debate that emerged over digital contact tracing and Google’s and Apple’s decisions to strictly limit apps permitted to use their platforms resulted in undercutting their potential usefulness as a tool to combat the pandemic while still failing to engender trust in these tools as intended.
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Law Faculty Articles and Essays
We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …
The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika
The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika
Law Faculty Articles and Essays
This article will examine issues as they relate to the privacy of employees’ lives given that nearly everything can be discovered by some form of electronic monitoring. It will posit that most laws as they exist today do little to apprise either the employer or the employee as to what type of electronic monitoring of personal communications is acceptable. It will further propose that most employer policies related to scrutinizing employee electronic communications are vague and unsuitable. The article will conclude that, given the leeway employers tend to be given (often justifiably so) in monitoring employees there is little chance …
Privacy In The Workplace: Are Collective Bargaining Agreements A Place To Start Formulating More Uniform Standards?, Karin Mika
Law Faculty Articles and Essays
This paper discusses ambiguities related to laws in employee privacy and posits that this is problematic for both employers and employees. The article discusses how private employers have almost no restrictions when it comes to employee monitoring, especially when there is an announced (albeit vague) policy. The article then suggests that unions have at least some negotiating power in terms of setting standards for when an employee may be disciplined and thus, labor unions have at least a modicum of power in negotiating clear rules regarding employee monitoring. The paper further suggests that clear policies aren't a bad thing, and …
Lawrence: An Unlikely Catalyst For Massive Disruption In The Sphere Of Government Employee Privacy And Intimate Association Claims, Matthew W. Green Jr.
Lawrence: An Unlikely Catalyst For Massive Disruption In The Sphere Of Government Employee Privacy And Intimate Association Claims, Matthew W. Green Jr.
Law Faculty Articles and Essays
In 2003, the U.S. Supreme Court handed down Lawrence v. Texas, the landmark decision that overturned a Texas statute proscribing homosexual sodomy. The Supreme Court held that the Texas statute infringed the right of 'free adults" to engage in private, consensual, non-commercial sexual conduct in their home. In doing so, the Court overturned a prior case, Bowers v. Hardwick, which had upheld a Georgia sodomy statute. In his Lawrence dissent, Justice Scalia predicted that overruling Bowers would cause a massive disruption of the current social order. To substantiate his point, he cites numerous cases, many in the area of public …
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
Law Faculty Articles and Essays
Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …