Examination of the Privacy Act of 1974 and Its Effect on Federal Employment

The Bill of Rights contain protections that are extremely vital to all Americans. The Fourth Amendment, which includes several protections, has one main objective — to protect the privacy of individuals from government intrusions (Davies, 1999). There have been a plethora of cases alleging Fourth Amendment violations. When rendering decisions on Supreme Court cases, the court uses the Warrant Approach, the Reasonableness Approach, and the Special Needs Doctrine as guides (Davies, 1999).

As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into

Patients are also entitled to receive notice on how their health information is shared by health care covered entities, and are entitled to request a report once a year, free of charge, detailing who has received copies of their health information. Another aspect of the privacy rules provides patients with the right to choose who may receive health care information. Patients should be aware, however, that the provider does not have to agree to abide by their requests. Patients may determine whether or not their private health information may be shared with family members or others. Patients may also choose where they receive their health information. They could choose to receive their information via telephone, cell phone, e-mail, or any other reasonable means of contact. HIPAA also requires that covered entities provide their policies to patients that include information on how a patient might be able to file a complaint with either the covered entity or with the U.S. Department of Health and Human Services (U.S. Department of Health and Human Services, n.d.).

When the first 10 amendments of the constitution were written, one of the main concerns was government intrusion. In the 1800s, citizens were concern about the confidentiality of their correspondence. Likewise in 1890, the concern was photography and yellow journalism. With lack of privacy laws, citizens brought several cases to the U.S courts because they felt there were violations of privacy. As a consequent, several torts were written and recognize by most states. This torts included the intrusion upon seclusion, public disclosure of private facts, false light or publicity, and appropriation. Though, historical events have help to expand the definition of privacy, there has not been a critical event that forced America to have a comprehensive federal policy about protecting the right to privacy. Nevertheless, every time that there is a major concern that threatens the right to privacy, the government and the states have passed laws to eliminate those

"59 Radio Address about the American Right of Privacy. February 23, 1974." American Reference Library - Primary Source Documents, Jan. 2001, p. 1. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=mih&AN=32360825.

Since the time the framers of the constitution, technology has improved significantly which has led to an increasing concern in the privacy of an individual. Technology, used by government agencies and commercial enterprises, has led to a change in one’s privacy and freedom. For this reason, the agencies and enterprises have been called into question of infringement of the fourth. Using the lessons learned from history, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern society.

The right to privacy is also a very important issue. An employee might feel violated if an employer is reading emails, reviewing websites that are visited, and logging keystrokes. Our Founding Fathers could scarcely have anticipated this question. Privacy is not a right given to us specifically in our Constitution, but other rights infer this right to us, such as our right not to incriminate ourselves, or the right that the government cannot house troops in our homes. There is no specific right to

Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.

The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concern about his or, her privacy in the workplace. Employees have the right to go to work knowing that his or, her employer will not invade their privacy. The rights to privacy in the workplace only provide limited protection for workers against monitoring and breach of confidentiality. The National Work Rights Institute states, under the federal law, "the limited protection the Electronic Communication Privacy Act of 1986 provides to employees' has been reduced because the statue has been outdated."

Protects records that can be retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. An individual is entitled to access to his or her records and to request correction of these records if applicable.

7. Justice Kennedy notes several times the difficulties faced by the courts in developing principles in relation to privacy in the workplace. What were his particular concerns with employer-provided communication devices in light of privacy expectations?

This case presents a prime example of privacy violation. The Federal privacy rule 42 CFR, part 2 mandated addition privacy protection for any health record that is generated in the treatment of patients in the federal alcohol and drug program (Hughes, 2002). The HIPAA privacy rule dictates that healthcare organizations must not disclose any identifying patient information, or alert any entity that a particular patient is participating in alcohol/drug treatment program. This type of privacy breach must be reported promptly to the internal review board (IRB), compliance officer, risk management office and the privacy officer at the healthcare organization. The Health Information Technology for Economic and Clinical Health (HITECH) act and the American Recovery and Reinvestment (ARRA) act also mandated that any healthcare organization or any covered entity under the HIPAA act should promptly notify individual patients about the accidental disclosure of their medical information; the time from discovery of breach of PHI to patient’s notification must not be more than 60 days. In addition, to patient notification, the covered entity must also report such incidents to the Department of Health and Human Services (DHHS) and to the media if the breach affects more than 500 patients, and if the breach affects less than 500 patients, notifying the patients and the

The idea of employee rights involves many complex issues. An employee’s right to a workplace free of discrimination and harmful environmental factors is obvious. Yet, other issues surrounding privacy, personal expression, and communication monitoring are not

Parent (1983), continous on the definition of Westin A. F. (1968) by defining privacy as: The condition of not having undocumented personal information known or possessed by others”.

"Privacy. There seems to be no legal issue today that cuts so wide a swath through conflicts confronting American society: from AIDS tests to wiretaps, polygraph test to computerized data bases, the common denominator has been whether the right to privacy outweighs other concerns of society…" This quote from Robert Ellis Smith explains, in one sentence, the absolute need to ensure privacy in the workplace. One of the most interesting, yet controversial, areas concerning public personnel is employee privacy. What limits are there to employers’ intrusions into, and control over, employees’ behaviors and personal properties?