Key Terms
Privacy
The right of a person or person's property to be free from unwarranted public scrutiny or exposure. Includes personal au
First legal mention
1890 Harvard Law Review article by Samuel Warren and Louis Brandeis. Their concern was photography and telephones invadi
First Supreme Court ruling
Griswold v. Connecticut (1965).
Example
Signing up for a loyalty program may constitute implied consent to receive marketing emails from that business.
Express consent
Given through contracts, including end user agreements.
Implied consent
Based on a person's actions or history of business transactions. Implied consent means a business has reason to believe
Penalty
Up to 4% of annual worldwide revenue for mishandling customer information.
Personal information must be
1. Processed lawfully, fairly, and transparently 2.
Exception
Some areas (restrooms, locker rooms) may not be monitored. Courts have held employees do not give up ALL privacy expecta
Best practices derived from the Illinois law
1. Give notice to applicants that AI-powered video platforms are used 2.
Enacted
1996. Purpose: protect confidential health information and mandate standards for handling it.
Protected Health Information (PHI)
All information related to past, present, or future health status of an identified individual, treatment received, or pa
HIPAA PRIVACY RULE
Regulates use and disclosure of PHI.
HIPAA SECURITY RULE
Protects electronic PHI using the CIA framework.
Best practice
Require employees to sign a written waiver consenting to monitoring. A written waiver is stronger protection against inv