Key Terms
Privacy
The right of a person or person's property to be free from unwarranted public scrutiny or exposure; includes personal au
Courts ask
Did the individual have a reasonable expectation of privacy?
Express consent
Formal, often contractual (end-user agreements).
Implied consent
Based on a person's actions or history of transactions; a business has reason to believe the person would consent if ask
Example
Signing up for a loyalty program may give implied consent to receive marketing emails from that business.
Growing state trend
Require internet service providers to obtain consumer consent before sharing personal information (websites visited, con
Penalty
Up to 4% of annual worldwide revenue for mishandling customer information.
Exceptions
Restrooms and locker rooms cannot be monitored. Courts hold employees do not surrender all privacy expectations simply b
Illinois AI Interview Act
First state law of its kind. Requires employers to: 1.
All states protect
Who receives results, how results are collected, stored, and destroyed.
FULL NAME
Health Insurance Portability and Accountability Act of 1996
PURPOSE
Protects confidential health information; mandates standards for handling it.
APPLIES TO
"Covered entities" — not defined by type of business but by whether the business handles PHI.
BUT
If that same company gathers PHI from its own employees who request medical leaves of absence, it IS a covered entity as
Best practice
Require employees to sign a waiver consenting to monitoring. Stronger defense than a handbook policy alone.