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Articles 1 - 3 of 3
Full-Text Articles in Privacy Law
Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague
Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague
Robert Sprague
This Article examines the contrasting policy and legal frameworks relating to data privacy in the United States and the European Union, with a particular focus on workplace privacy and intrusive surveillance technologies and practices. It examines the U.S. perspective on modern work-related employer monitoring practices, the laws giving rise to possible employee privacy rights, and specific types of employer monitoring that may lead to actionable invasions of employee privacy rights. This article then addresses the issue of employee privacy from the EU perspective, beginning with an overview of the formation of authority to protect individual privacy rights, followed by an …
Invasion Of The Social Networks: Blurring The Line Between Personal Life And The Employment Relationship, Robert Sprague
Invasion Of The Social Networks: Blurring The Line Between Personal Life And The Employment Relationship, Robert Sprague
Robert Sprague
Over one-half billion people worldwide have registered accounts with Facebook, the most popular online social network. This article addresses some of the more significant employment-related legal issues arising from the growing popularity of online social networks. First, the need for employers to investigate the background of prospective employees is examined from the context of employers using online social networks to conduct those investigations. In particular, this article analyzes the degree to which job applicants have privacy rights in the information they post online. This article then examines the interrelationship between online social networks and employees, focusing on limitations faced by …
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Stephen E Henderson
In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …