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Privacy Protection

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Privacy Protections
a. What are some of the Constitutional protections of privacy?
The Fourth Amendments to the United States Constitution provides the “rights of people to be secure in their persons, their houses, families, papers, and effects against unreasonable searches and seizures by the federal government.” Courts have used this to imply a right to privacy. However, this privacy provision applies to government searches and is not applicable to private sector employees. According to Jacobsen, J.D, there are no explicit federal "privacy rights" beyond "reproduction, contraception, abortion, marriage and childrearing", and so the notion of a constitutional right to privacy has little bearing on employment law.
b. What privacy rights are afforded to public and private sector employees?
The restrictions on employer inquiries of applicants at hiring are based mainly on prohibitions against discrimination, rather than on privacy rights. Pre-employment privacy rights for both public and private sector employees are very limited beyond this. Post-employment privacy rights are also often the ancillary effect of discrimination laws. For example, the Americans with the Disabilities Act of 1990 (ADA) specifically prohibits the disclosure of medical information relating to disabled. In the public sector, two factors govern the permissible extent of intrusion into an individual's affairs, that is, the relation of the subject's job to the line of inquiry, and secondly, the subject's consent. It follows that public sector employees having more sensitive or responsible positions will have proportionately less protection of their privacy. The Fourth Amendment’s prohibition of unreasonable government searches affords some protection for federal employees, on the basis that the public need to investigate, in comparison to the privacy needs of the individual, must be

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