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Full-Text Articles in Privacy Law
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
Faculty Articles
This Article is the first to address the challenges of federalism in protecting medical privacy in workers’ compensation after the promulgation of the HPR and to propose legal change. The Article argues that workers’ compensation programs must align with the federal privacy protections of the HPR and proposes actions for the U.S. Department of Health and Human Services (HHS) and states to remedy departures. Part I discusses the complex relationship between the HPR and workers’ compensation. This relationship is often misunderstood by legislatures and courts, compounding the challenges of federalism in this area. Specifically, Part I addresses the HPR’s § …
Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim
Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim
Scholarship@WashULaw
Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …