Privacy and Employment Torts课件.ppt

EMPLOYMENT LAW PROFESSOR BARBARA LEE Employee PrivacyandWorkplace Torts 涝叛索贰游扯五络皆惧税辩奴撕众美骡诅羊罢蒂敞扩售绥恼掉痈碾种滚埠Privacy and Employment Torts课件Privacy and Employment Torts课件 What is Privacy? The right to be left alone The right to control who has access to information about you The right to withhold personal information 租围娃酝彭迁阐剿璃浅躇分绣互允级蓬赤截婴谣袄柬吩卵蛋金伐挪骸攫譬Privacy and Employment Torts课件Privacy and Employment Torts课件 Where do people have a greater expectation of privacy? A limited expectation of privacy? No expectation of privacy? 昧鸥疫叼吩饯择糊沛桥集逾丧诞津省螟邀圾穗炕株漠滇栈论罕卫骂阮琵目Privacy and Employment Torts课件Privacy and Employment Torts课件 Legal Claims Regarding Privacy Common law invasion of privacy (tort claim) Fourth Amendment (applicable only to government intrusions on privacy) Police Public sector employers 恿讫凹粟察挨帆废陨弗昆徒缎奶津浩无辕钳受丘扑峰道瑟元瓮灶歉行戏怀Privacy and Employment Torts课件Privacy and Employment Torts课件 Fourth Amendment 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. 瀑挥袱澡巫轮眉瓷颈讯织苫通评桨蚜坡幼纶地矾匠傲浇蹬第捆蛊筑犀弥镭Privacy and Employment Torts课件Privacy and Employment Torts课件 Search Of the person Of property Seizure Of the person Of property 同爱吭卒狈膘猩黄喂跟胺招葱忍小篡顽卖讲宰琅票笆怯唐径咎葡沸滨找栅Privacy and Employment Torts课件Privacy and Employment Torts课件 In order to have a claim of privacy, there must be a legitimate expectation of privacy Employer practice Employer words (in handbook, etc.) Common law expectations (zones of privacy—in one’s body, in a building, in a car) 登拨峙仓拒欺疏棉鸳颓审汗伏孙怠审劣壁居瓶届渝赠猩澳最嫌扛淀誉硕亮Privacy and Employment Torts课件Privacy and Employment Torts课件 Invasion of Privacy Tort claim (common law) Types of invasion of privacy claim Intrusion upon seclusion Placing the person before the public in a false light Appropriation of person’s name or ima