Chapter 7

It was recently revealed that the National Security Agency (NSA) was tapping into the data centers of companies like Yahoo! and Google to collect information from account holders worldwide based on court-approved explicit access through its __________ program.

PRISM

__________________ _______________ refers to any information relating to an identifiable person, directly or indirectly, in particular by reference to one or more factors specific to her or his physical, physiological, mental, economic, cultural, or social identity.

Personal data

Which of the following is true of the impact of marital status and dating on employment?

Policies and attitudes on workplace dating have a very strong potential impact.

__________________ refers to the right to be "let alone" within a personal zone of solitude, and/or the right to control information about oneself.

Privacy

_______________ in the workplace raise ethical issues that involve individual rights as well as those that involve utilitarian outcomes.

Privacy issues

A(n) ___________ ___________ _________ is considered "adequate standards" of privacy protection for U.S.-based companies under the European Union's Data Protection Directive.

Safe Harbor expectation

Which of the following is true of values that are determined within moral free space?

They are not hypernorms.

True or false: One of the reasons that employee advocates argue against monitoring in the workplace is that monitoring is an inherent invasion of privacy.

True.

True or false: Private property rights are dependent on the existence and enforcement of rules that state who has a right to take on which activities on their own initiative and how the returns from those activities will be allocated.

True.

At present, ________ cannot be a condition of employment in at least 29 states in the United States and the District of Columbia.

abstention from smoking

Google has faced a wave of litigation over privacy issues due to......

data mining.

Arrange the events associated with establishing standards of privacy protection for U.S.-based companies in the order in which they occurred.

1. A Safe Harbor exception was negotiated for firms that maintained a certain level of protection of information. 2. The Court of Justice of the European Union rendered the Safe Harbor exception invalid. 3. EU and U.S. officials reached a tentative agreement called the Data Privacy Accord.

Identify the enhanced surveillance procedures provided for by Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act that have a significant effect on individual privacy and may impact an employer's effort to maintain employee privacy.

1. Allowing nationwide seizure of voice-mail messages in accordance with warrants. 2. Expanding authority to interpret wire, oral, and electronic communications that are related to terrorism, computer fraud, and abuse offenses. 3. Broadening the type of records that the law may obtain from electronic communications service providers pursuant to a subpeona.

Identify the ways in which privacy can be legally protected.

1. By federals and/or state statutes. 2. By the constitution. 3. By the common law.

According to the National Council on Alcoholism and Drug Dependence, which of the following behaviors can be warning signs of drug use?

1. Complaints about problems at home. 2. Frequent financial troubles. 3. Deterioration in personal hygiene or personal appearance. 4. Avoidance of friends and colleagues.

According to ethicists Thomas Donaldson and Thomas Dunfee, which of the following are examples or hypernorms?

1. Freedom of speech. 2. The right to physical movement. 3. The right to personal freedom.

In which of the following cases may lifestyle discrimination by employers be unlawful?

1. If a rule has a different effect on a protected group than on other groups. 2. If the imposition of a rule treats one protected group differently when compared to another group.

Which of the following led to a series of lawsuits against Google on the issue of privacy?

1. Its failure to fully understand and plan for its stakeholders' perceptions of its programs. 2. Its failure to consider the fundamental values implied by its decisions.

Identify the behaviors that may serve as warning signs of drug use according to the National Council on Alcoholism and Drug Dependence.

1. Lack of focus and poor concentration. 2. Decreased productivity or erratic work patterns. 3. Lack of consistency in work quality.

Identify the parameters that a workplace monitoring program should ideally follow.

1. Monitoring should be restricted to the workplace. 2. Monitoring should only result in gaining some business interest. 3. There should be no monitoring in private areas.

Identify the necessary elements suggested by economist Antonio Argandona in imposing moral requirements on the information on which new technology depends.

1. Respect for privacy. 2 Accountability. 3. Truthfulness and accuracy. 4. Respect for property and safety rights.

Identify the types of rules for which most statutes or common-law decisions provide for employer defenses.

1. Rules that are needed to avoid conflict of interest or the appearance of conflict of interest. 2. Rules that constitute a "bona fide occupational requirement". 3. Rules that are reasonably and rationally related to an employee's employment activities.

Identify the true statements about the access to information provided by technology?

1. Technology allows for access to information that was not possible before. 2. Total accessibility leads to new expectations and thus conflicts.

Identify the true statements about the impact of new technology on the issue of privacy.

1. The advent of new technology challenges privacy in new ways. 2. Technology allows for in-home offices, and this raises issues of safety and privacy concerns.

According to philosopher William Parent, which of the following points should employers keep in mind while determining whether monitoring actions are justifiable or can be an invasion of privacy or liberty?

1. The legitimacy and importance of the purpose of seeking the undocumented personal knowledge. 2. The protection of the personal knowledge following its obtainment. 3. The purpose of seeking the undocumented personal knowledge.

Privacy issues in the workplace evoke an inherent conflict between employers' right to protect the firm and employees' right to privacy. Through which of the following can such a conflict arise in a work environment?

1. Through different forms of monitoring. 2. Through the regulation of personal choices or activities.

According to the Genetic Information Non-Discrimination Act (GINA), under which of the following circumstances can employers release genetic information about employees?

1. To a health researcher. 2. To an employee upon request. 3. To a public health agency. 4. To comply with a court order.

According to the Genetic Information Non-Discrimination Act (GINA), under which of the following circumstances can employers collect genetic information about employees?

1. To comply with the Family Medical Leave Act. 2. To examine the biological effects of toxic substances in the workplace.

Why do firms monitor their employees?

1. To manage the workplace to place employees in suitable positions and to ensure compliance with affirmative action requirements. 2. To help managers prevent the loss of productivity.

Why do employers use monitoring beyond the management of human resources?

1. To protect their investment in bandwidth and equipment. 2. To secure proprietary information. 3. To prevent theft.

Identify the true statements about legal status of employee monitoring in the United States.

1. Under most circumstances, employers are allowed to monitor employee e-mails. 2. As of 2016, employers are prohibited from obtaining social media passwords from prospective or current employees in 23 states.

Which of the following are true of the revisions that were made to the European Union's Directive on Personal Data Protection in 2015?

1. Under the new law, national watchdogs can fine companies for misusing an individual's online data. 2. The revised law requires companies to inform national regulators of a breach within three days of it being reported.

In the context of drug testing of employees, in case of which of the following employees is there a compelling public interest claim from a utilitarian perspective that may be persuasive enough to outweigh any one individual's right to privacy?

A bus driver.

Match the cases that dealt with monitoring in the United States with their features.

City of Ontario V. Quon - The issue of employer monitoring was addressed for the first time by the U.S. Supreme Court. Riley V. California - Explicit protection of cell phones and other similar devices was found by the U.S. Supreme Court under the Fourth Amendment.

___________________ ___________________ refers to the maintenance and either periodic or random review of e-mail communications of employees or others for a variety of business purposes.

E-mail monitoring

The ______________ ______________ _____________ Act (ECPA) of 1986 is the U.S. statute that establishes the provisions for access, use, disclosure, interception, and privacy protections relating to electronic communications.

Electronics Communications Privacy

True or false: Based on philosopher George Brenkert's argument on the informational sense of privacy, it can be concluded that an important way to preserve one's personal integrity and individuality is to merge personal and professional relationships.

False.

True or false: Drug testing is the latest way of monitoring employees in the workplace.

False.

The _____________ __________ __________ Act (GINA) came into effect in November 2009 and prohibits discriminatory treatment in employment based on the basis of genetic information.

Genetic Information Non-Discrimination

Match the U.S. states with their features in the context of privacy claims.

Georgia - Its courts were the first to recognize a common-law-or court-created - right to privacy. North Dakota - Its courts do not recognize any privacy claims that are usually accepted by other courts.

____________ are values that are fundamental across culture and theory.

Hypernorms

How is the revised version of the European Union's Directive on Personal Data Protection different from the original directive?

It applies to organizations based outside the European Union if they process personal data of EU residents or have customers in that region.

Why is privacy important?

It defines one's individuality by establishing the boundary between individuals.

Identify a true statement about the U.S. Constitution's Fourth Amendment protection against an unreasonable search and seizure.

It is only applicable in the public-sector workplace.

______________ ____________ ___________ is that environment where hypernorms or universal rules do not govern or apply to ethical decisions but instead culture or other influences govern decisions, as long as they are not in conflict with hypernorms.

Moral free space

Recently, it was discovered that the ___________ was harvesting millions of e-mail and instant messaging contact lists, searching e-mail content, and tracking and mapping the location of cell phones, often with help of telecommunications companies.

National Security Agency (NSA)

According to philosopher George Brenkert, whether one's privacy is violated or not by a disclosure of personal information depends on......

one's relationship with the person or persons who come to know that information.

The legal and ethical sources of protection for privacy in personal data are called _____________

privacy rights.

The Heath Insurance Portability and Accountability Act (HIPAA) stipulates that employers cannot use "______________ ______________ ___________," which refers to all medical records or other individually identifiable health information, in making employment decisions without prior consent.

protected health information

In the context of workplace monitoring, a suggestion for balancing employer and employee interests is to.......

provide due notice to employees that they will be monitored.

While an employee has an obligation to respect the goals and property of the employer, the employer also has an obligation to respect the rights of the employee, including the employee's right to privacy. This concept is called a(n)......

reciprocal obligation.

A challenge posed by the new technology that is accessible in workplaces is........

the facelessness that arises from its use.

Many recent court decisions regarding workplace monitoring seem to depend specifically on......

whether the employee had notice that the monitoring might occur.

In the United States, the states of Michigan and Nevada and six cities ban discrimination on the basis of weight. The issue of making employment decision based on weight depends on......

whether the employee's weight is evidence of or result from a disability.