IGB 30303

PRIVACY : TUTORIAL 1

1. The plaintiff, a senior executive-level employee, is allowed to use the defendants company-
owned computer for work at home. He agreed to and acknowledged the defendants
computer usage and monitoring policy. The defendant monitors and inspects the computer,
discovering the plaintiff had been accessing pornographic Web sites. The plaintiff claims
the Web sites had simply Popped Up on his computer screen. He is fired and sues for
wrongful termination alleging that because the computer was provided as a perk for senior
executives so they could work at home, he enjoyed a reasonable expectation of privacy.
The defendant disagreed, claiming his actions were legal.

A)Define Privacy.

B)State two minimum requirements for establishing a Reasonable Expectation of

Privacy.

C) Explain the Fourth Amendment of the right to privacy as declared in United States
Constitution. Give examples with two law cases.

Discuss the above case. Give your opinion.

2. Question 2

A) Explain what is meant by Privacy.

B) Discuss briefly the sources of the right to privacy as declared in United States Constitution.

C) State three law cases regarding Privacy.

 IGB 30303
PRIVACY : TUTORIAL 1

1. The plaintiff, a senior executive-level employee, is allowed to use the defendants company-
owned computer for work at home. He agreed to and acknowledged the defendants
computer usage and monitoring policy. The defendant monitors and inspects the computer,
discovering the plaintiff had been accessing pornographic Web sites. The plaintiff claims
the Web sites had simply Popped Up on his computer screen. He is fired and sues for
wrongful termination alleging that because the computer was provided as a perk for senior
executives so they could work at home, he enjoyed a reasonable expectation of privacy.
The defendant disagreed, claiming his actions were legal.

A)Define Privacy.

B)State two minimum requirements for establishing a Reasonable Expectation of

Privacy.

C) Explain the Fourth Amendment of the right to privacy as declared in United States
Constitution. Give examples with two law cases.

Discuss the above case. Give your opinion.

2. Question 2

A) Explain what is meant by Privacy.

B) Discuss briefly the sources of the right to privacy as declared in United States Constitution.

C) State three law cases regarding Privacy.

 ANSWER GUIDELINE

The plaintiff, a senior executive-level employee, is allowed to use the defendants

company-owned computer for work at home. He agreed to and acknowledged the
defendants computer usage and monitoring policy. The defendant monitors and
inspects the computer, discovering the plaintiff had been accessing pornographic
Web sites. The plaintiff claims the Web sites had simply Popped Up on his
computer screen. He is fired and sues for wrongful termination alleging that
because the computer was provided as a perk for senior executives so they could
work at home, he enjoyed a reasonable expectation of privacy. The defendant
disagreed, claiming his actions were legal.

a) Define Privacy.
the claim of individuals groups or institutions to determine for themselves when, how and to
what extent information about them is communicated to others. The simple definition is the
right to be let alone.
Generally, privacy can be defined as the quality or condition of being secluded from the
presence or view of others; the state of being concealed; secrecy.
However, it is undesirable to adopt this definition because not every secret information is
subjected to privacy protection and not everything that is disclosed loses its privacy
characteristic.
The term privacy refers to the privilege owned by an individual from any interference by
other(s) with any of his/her private activities so long as these activities are not illegal and do
not harm others.
It is claimed that privacy does not need specific legal recognition because when there is
illegal intrusion to the right to privacy, the plaintiff can claim for remedy under the existing
legal doctrine such as defamation; or breach of intellectual property rights; or breach of
confidential information; or even of contract or trust.

b) State two minimum requirements for establishing a Reasonable Expectation

of Privacy.

you actually expect privacy A person exhibits an actual expectation of privacy.

Consider what you expect when entering an area or location, e.g. your bedroom,

which you desire to be off limits to others. Or consider what level of privacy an
employee should anticipate with regard to his office, desk, file cabinet or floppy disk.
 your expectation is one that society as a whole would think is legitimate

Society recognizes the expectation as reasonable. In addition to your privacy

expectation, what do others believe to be your expectation of privacy when you close

the door to your bedroom or your file or your office, enter a public phone booth, send

an e-mail, or surf a Web site?

c) Explain the Fourth Amendment of the right to privacy as declared in United

States Constitution. Give examples support with two law cases.

"The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated, and no Warrants

shall issue, but upon probable cause, supported by Oath or affirmation, and

particularly describing the place to be searched, and the persons or things to be

seized."

A seizure occurs when the government takes possession of items or detains people.

A search is any intrusion by the government into something in which one has a

reasonable expectation of privacy.

Katz V United States (1967) & Olmstead v United States (1928)

d) Discuss the above case. Give your opinion.

The constitutional right to privacy is not absolute. To prove a violation of the right to
privacy, a plaintiff must establish among other things, a reasonable expectation of
privacy in the circumstances.
However, the above case, the plaintiff lacked a reasonable expectation of privacy over
the personal and private information stored in the computer.
Plaintiff agreed to and acknowledges the defendants computer usage and monitoring
policy.
Employers are frequently advise to have employees sign written policies for computer
usage. Having such policy may diminish privacy expectations by clearly stating that
electronic communications may be used only for company business, reserving the
company rights to monitor and access employees internet and e-mail usage, and
emphasizing that the employer will keep copies of computer passwords.
The policy also should prohibit employees from transmitting discriminatory, offensive
or unprofessional messages, visiting discriminatory or offensive Web sites, and posting
personal opinions particularly political or discriminatory opinions on the Web by
using the companys access. The use of computers in the employment context carries
with it social norms that effectively diminish the employees reasonable expectation of
privacy with regard to his use of his employer's computers.
a) Explain what is meant by Privacy.

The claim of individuals, groups or institutions to determine for themselves when. How and to
what extent information about them is communicated to others. (the right to be let alone)
The quality or condition of being secluded from the presence or view of others; the state of
being concealed; secrecy.

b) Discuss briefly the sources of the right to privacy as declared in United States
Constitution.

Consider the Fourth, Fifth and Ninth Amendments of the U.S Constitution.
Fourth Amendment:
o the right of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall not be violated; and no warrant
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched and the person or things to be
seized.
o E.g. Griswold v Connecticut (1965).
o In cyberspace, these requirements are the minimum will satisfied concerning the
mass information, some of a personal nature, being disseminated and accumulated
over the Internet.
Fifth Amendment
o No person shall be compelled, in any criminal case. To be a witness against
himself
o Cyber law application involves the act of encrypting a file that contains possible
incriminating information.
o Eg Doe v United States. 478 U.S 201 (1988)
Ninth Amendment
o The enumeration in the constitution of certain rights shall not be construed to deny
or disparage others retained by the people.
o This amendment was probably the genesis used by the courts and legal scholars to
create a kind of right to privacy.

c) State three law cases regarding Privacy.

Griswold v Connecticut (1965)

Olmstead v United States (1928)
Katz v United States (1967)