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Full-Text Articles in Privacy Law

Employee Electronic Communications In A Boundaryless World, Robert Sprague Dec 2015

Employee Electronic Communications In A Boundaryless World, Robert Sprague

Robert Sprague

In 2007, the National Labor Relations Board decided that an employer could maintain an email communications policy that prohibits nonwork-related messages, even if those messages involved communications otherwise protected under the National Labor Relations Act. In December 2014, the National Labor Relations Board reversed this holding, but in doing so, limited its decision to just workplace email. This article argues that such a prescription is outdated and archaic in light of today’s modern workplace filled with communications devices and systems that blur the distinction between work and personal life. This article explains that such a prescription can cause employees to …


Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague Apr 2015

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing …


Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Robert Sprague, Corey Ciocchetti Dec 2008

Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Robert Sprague, Corey Ciocchetti

Robert Sprague

This article explores the developing phenomenon of the ongoing collection and dissemination of personal identifying information (PII): first, explaining the nature and form of PII, including the consequences of its collection; second, exploring one of the greatest threats associated with data collection - unauthorized disclosure due to data breaches, including an overview of state and federal legislative reactions to the threats of data breaches and identity theft; third, discussing common law and constitutional privacy protections regarding the collection of personal information, revealing that United States privacy laws provide very little protection to individuals; and fourth, examining current practices by online …