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YOU ALREADY HAVE ZERO PRIVACY: GET OVER IT! (1/26/99) SCOTT MCNEALY, FORMER CEO OF SUN MICROSYSTEMS Professor Paul Fiorelli, J.D., M.B.A. , CCEP Co-Director, Cintas Institute for Business Ethics Xavier University [email protected] AGENDA Right to Privacy • US History • EU Data Protection Laws • Gamesmanship • Social Networking • Testing • Identity Theft • US Right to Privacy Right to Privacy EU Right to be Forgotten Right to Privacy Right to Privacy Samuel Warren and now the right to life has come to mean the right to enjoy life, -- the right to be let alone; Louis D. Brandeis dissent in Olmstead v. United States (1928) Right to Privacy January 22, 1973 Roe v. Wade June 7, 1965 Griswold v. Connecticut June 2, 2015 USA Freedom Act June 2010 City of Ontario v. Quon Right to Privacy "Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy. . . . The Third Amendment, in its prohibition against the quartering of soldiers 'in any house' in time of peace without the consent of the owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.' The Fifth Amendment, in its Self-Incrimination Clause, enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: 'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'" - United States Supreme Court in Griswold v. Connecticut, 1965. January 22, 1973 Roe v. Wade June 7, 1965 Griswold v. Connecticut June 2, 2015 USA Freedom Act June 2010 City of Ontario v. Quon Right to Privacy The Fourth Amendment forbids “unreasonable searches and seizures” and that provision guarantees the privacy, dignity, and security of persons against arbitrary an invasive acts by officers of the government. The Court's precedents have not definitively established how to determine when and whether an employee has a reasonable expectation of privacy in the workplace. Cell phone and text messages -- and their and related communications are so pervasive that some persons may consider them to be essential means or necessary instruments for self-expression, even self identification. That might strengthen the case for an expectation of privacy. On the other hand, one could counter that employees who need cell phones or similar devices for personal matters can purchase and pay for their own and employer policies concerning communications will of course shape the reasonable expectations of their employees, especially to the extent that the employer policies are clearly communicated. We need not explore these matters further in this case however. That is because even on the assumption that Quon had a reasonable expectation of privacy in his text messages, January 22, 1973 the search was reasonable. June 2, 2015 Roe v. Wade June 7, 1965 Griswold v. Connecticut USA Freedom Act June 2010 City of Ontario v. Quon Right to Privacy January 22, 1973 Roe v. Wade June 7, 1965 Griswold v. Connecticut June 2, 2015 USA Freedom Act June 2010 City of Ontario v. Quon Right to Be Forgotten Right to Be Forgotten 95/46/EC DIRECTIVE PERSONAL DATA: • • • • • • Processed fairly & lawfully Obtained only for specific lawful purposes Relevant, adequate, not excessive Accurate Not kept longer than necessary Not transferred outside of the EEA (European Economic Area) unless adequate protection in place 5/13/2014 Right to be forgotten 1995 95/46/EC Directive 2018 EU GDP 2/29/2016 EU - US Privacy Shield Right to Be Forgotten 5/13/2014 Right to be forgotten 1995 95/46/EC Directive 2018 EU GDP 2/29/2016 EU - US Privacy Shield Right EUtoGeneral Be Data Forgotten Protection Regulation (EU GDP) • Regulations have uniformity across 28 member nations • EU GDP replaces 95/46/EC in 2018 • Significantly higher fines for non-compliance • Organizations must have a DPO (Data Protection officer) • Must have explicit consent by consumer to use and transfer data • Private information right to erasure 5/13/2014 Right to be forgotten 1995 95/46/EC Directive 2018 EU GDP 2/29/2016 EU - US Privacy Shield GAMESMANSHIP: Employee’s Right to Privacy Privacy Issues in Social Networking Employer’s Need to know Drug & Nicotine Testing Drug & Nicotine Testing PROTECT YOUR DATA SKIMMERS PRETEXTING FOR ADDITIONAL INFORMATION, CONTACT PAUL FIORELLI [email protected] (513)886-2050