Chapter 10.3 Prepare Worksheet: Privacy in a Digital World

Which of the following does the Children's Online Privacy Protection Act of 1998 (COPPA) require a website to do if it wants to obtain personal information from someone under the age of 13?

Disclose how they will use any information they acquire, Obtain parental consent

Integrity/Security meaning

Information collectors must take reasonable precautions to ensure that the data they collect are accurate and secure

Notice/Awareness meaning

Notice should be given before any personal information is collected

FIPS Core principles

Notice/Awareness; Choice/Consent; Access/Participation; Integrity/Security

What must the government do if it is using in court evidence that was gathered in Foreign Intelligence Surveillance Act (FISA) surveillance?

Notify the defendant that the evidence was obtained in FISA surveillance.

Choice/Consent meaning

People should be able to control the use and destination of their information

Access/Participation meaning

People should have the ability to view, correct, or amend any personally identifiable record about them

Which of the following must a plaintiff show in order to establish that she has a reasonable expectation of privacy?

That society is willing to recognize her expectation as legitimate, That she had a subjective expectation of privacy

Which of the following elements must a plaintiff establish in an intrusion claim?

The intrusion was upon another person's solitude or seclusion, or his private affairs or concerns, The defendant's conduct was highly offensive to a reasonable person, The defendant intentionally intruded, physically or otherwise

FIPS are recommendations, not law. T or F?

True

The Fourth Amendment does not protect privacy claims of employees in the private sector. T or F?

True

The group of college bullies that created posters identifying a student and saying he was looking for a boyfriend, were not liable under either privacy tort because ___________________

all of the information they revealed was either publicly available or untrue The poster caused the plaintiff a great deal of humiliation and was certainly a cruel prank. However, the defendants were not liable for intrusion or public disclosure of private facts because the information on the flyer was either available to the public via the internet or not true.

It is illegal for an employer to reject a job applicant because he sees on her social media profile that she is newly pregnant. However, it is difficult to for applicants to enforce this rule, because violations ___________.

are hard to prove

Marta browses online for some new coffee mugs, and then logs into her favorite social media site. She is surprised to see that ads for coffee mugs are following her to other sites. This is most likely a result of

behavioral targeting Behavioral targeting, also called behavioral marketing, is a widespread practice that involves inferring needs and preferences from a consumer's online behavior and then targeting related advertisements to them.

Courts have generally held that employees ___________ have a reasonable expectation of privacy in the workplace. The Supreme Court held that a(n) ____________ employer has the right to review its employee's______________ for a work-related purpose..

do not, government, electronic communications

If an employer finds objectionable information on an employee's social media profile, it will not be able to use the information against the employee ______________

if the employer used deception to gain access to the page Employers can and do monitor employees' social media profiles for objectionable activity. However employers are not permitted to use deception or coercion to gain access to the information, it may violate the Electronic Communications Privacy Act or constitute an invasion of privacy.

In Ehling v. Monmouth-Ocean Hosp. Serv. Corp., the court stated that a plaintiff's subjective belief that something is private

is irrelevant

Valentin successfully sues Craig after Craig tells people information about Valentin that was private and hurtful, but true. Valentin most likely alleged that Craig violated what tort?

public disclosure of private fact Craig most likely violated the tort of public disclosure of private facts. Because what Craig told people was true, he cannot be sued for any defamation tort. If the information Craig told people was not a legitimate concern to the public, and if the disclosure would be highly offensive to a reasonable person, Craig would have publicly disclosed private facts.

In Chelsea Chaney v. Fayette County Public School District which of the following was an important factor in the court's decision?

that Chaney set her posts to be viewable by friends and friends-of-friends