Key Terms
Privacy
The right of a person or person's property to be free from unwarranted public scrutiny or exposure. Includes both bodily
Privacy cases cover
The right to marry and choose a spouse, the right to choose whether to have children, and the right to protect confident
Courts ask
Does the individual have a reasonable expectation of privacy under the circumstances?
Example
Calling a doctor from home = subjective AND objective expectation both met. Calling the same doctor on a cell phone whil
Express consent
Given through contracts, end user agreements, written permission. Implied consent: based on a person's actions or histor
Example of implied consent
A customer who enrolls in a loyalty rewards program may be giving implied consent to receive marketing emails from that
Applies to
ALL businesses that collect, store, or process data about any European individual or business — even businesses located
GDPR Penalty
Up to 4% of annual worldwide revenue for mishandling customer information.
Exceptions
Employee restrooms and locker rooms may not be monitored. Courts have held employees do not surrender all privacy rights
Purpose
Protect confidential health information; mandate standards for handling it.
Biometrics
Automated identification of people using physical characteristics. Most common: fingerprints and facial recognition.
Class action liability
Employers have faced lawsuits for sharing biometric identifiers with third-party timekeeping vendors without notifying e
Wearable technology
Electronic devices worn as accessories, embedded in clothing, implanted in the body, or tattooed on skin. Hands-free, mi
Uses in the workplace
Track employee locations, grant or restrict access to areas.
Legal trend
States are passing laws prohibiting employers from requiring, coercing, or compelling employees to receive a microchip i