Key Terms
Privacy
The right of a person or their property to be free from unwarranted public scrutiny or exposure. Includes personal auton
Privacy cases cover
Right to marry and choose a spouse; right to choose whether to have children; right to protect medical and financial rec
Courts ask
Does the person have a REASONABLE EXPECTATION OF PRIVACY?
Example
A customer who enrolls in a loyalty program may give implied consent to receive marketing emails from that business.
Express consent
Given through contracts, including end user agreements (signing a form, checking a box).
Implied consent
Based on the person's conduct and history of transactions. A business has reason to believe the person would consent if
Penalty
Up to 4% of annual worldwide revenue for mishandling customer information.
Areas that CANNOT be monitored
Restrooms, locker rooms — spaces where employees have a reasonable expectation of privacy.
Purpose
Protect confidential health information; mandate standards for handling such information.
Protected Health Information (PHI)
All information related to the past, present, or future health status of an identified individual, including:
HIPAA PRIVACY RULE
Regulates use and disclosure of PHI.
HIPAA SECURITY RULE
Ensures confidentiality, integrity, and availability of ELECTRONIC PHI.
Electronic Communications Privacy Act (ECPA)
Passed by Congress in 1986.
ECPA has two parts
1. Wiretap Act 2.
Additional risk
Recordings may capture trade secrets, proprietary information, or business strategies — creating confidentiality exposur