Abstract
Understanding the intangible harms of privacy violations has proved daunting. Yet it is vitally important to understanding the value of privacy beyond economic harms of privacy loss. This chapter explores how violations of employee privacy affect the dignity of work as a lens for understanding intangible privacy harms. Employee privacy has drawn less attention in recent privacy discussions than informational privacy, even though it is seriously under protected in the U.S. today. Indeed, privacy has largely been linked to employment through the possibility that the information individuals reveal on social media may unwittingly affect their employment prospects and thus cause economic harm. Yet arguments for employee privacy—of information, space, and private lives—also draw on dignity in the sense of protection from vulnerability from loss of important human goods such as the ability to function as a citizen and the need for meaningful work. In this chapter, we explore these dignity-based justifications for employee privacy. We then use this discussion to illuminate when non-consensual uses of information drawn from individuals are particularly troubling with respect to the non-economic harms they may cause.
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References
Anderson E (2015) Equality and freedom in the workplace: recovering republican insights. Soc Philos Policy 31(2):47–69
Aschenmacher G (2016) Indignity: redefining the harm caused by data breaches. Wake Forest Law Rev 51:1–56
Belt R (2016) Contemporary voting rights controversies through the lens of disabilities. Stanford Law Rev 68:1491–1550
Brennan-Marquez K, Tutt A (2016) Offensive searches: toward a two-tier theory of fourth amendment protection. Harv Civil Rights Civil Liberties Law Rev 52(1):103–144
Calo RM (2011) The boundaries of privacy harm. Indiana Law J 86:1131–1162
Calo RM (2014) Privacy harm exceptionalism. Colo Technol Law J 12:361–364
Calo RM (2016) Privacy, vulnerability, and affordance. In: Selinger E, Polonetsky J, Tene O (eds) Cambridge handbook of consumer privacy. Cambridge University Press, New York
Carter R (2015) Too much information!: the need for stronger privacy protection for the online activities of employees and applicants. J Civ Rights Econ Dev 28:291–321. https://scholarship.law.stjohns.edu/jcred/vol28/iss3/2/
Cohen J (2000) Examined lives: privacy and the subject as object. Stanford Law Rev 52:1373–1437
Cohen J (2013) What privacy is for. Harv Law Rev 126:1904–1933
Equal Employment Opportunity Commission (2012) Consideration of arrest and conviction records in employment decisions under title vii of the civil rights act of 1964. https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Accessed 25 July 2017
Francis LP, Francis JG (2017) Privacy: what everyone needs to know. Oxford University Press, New York
Kavka GS (1992) Disability and the right to work. Soc Philos Policy 9(1):262–290
National Conference of State Legislatures (2017) Access to social media usernames and passwords. http://www.ncsl.org/research/telecommunications-and-information-technology/employer-access-to-social-media-passwords-2013.aspx. Accessed 25 July 2017
National Congress of American Indians (2017) Havasupai tribe and the lawsuit settlement aftermath. http://genetics.ncai.org/case-study/havasupai-Tribe.cfm. Accessed 25 July 2017
Ohm P (2010) Broken promises of privacy: responding to the surprising failure of anonymization. UCLA Law Rev 57:1701–1777
Ohm P (2013) Branding privacy. Minn Law Rev 97:907–989
Ohm P (2015) Sensitive information. South Calif Law Rev 88:1125–1196
Pahman D (2014) Welfare, work, and human dignity. Acton commentary. http://humanepursuits.com/welfare-work-and-human-dignity/. Accessed 25 July 2017
Whelchel H (2012) Why welfare should respect the dignity of work. Institute for Faith, Work, and Economics. http://commonsenseeconomics.com/wp-content/uploads/CSE_G_Reading_Podcast-Whelchel_Bradley-Why_Welfare_Should_Respect_the-Dignity_of_Work.pdf. Accessed 25 July 2017
Wolf S (2010) Meaning in life and why it matters. Princeton University Press, Princeton
Yeoman R (2014) Conceptualising meaningful work as a fundamental human need. J Bus Ethics 125:235–251
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Francis, J.G., Francis, L.P. (2018). Privacy, Employment, and Dignity. In: Cudd, A., Navin, M. (eds) Core Concepts and Contemporary Issues in Privacy. AMINTAPHIL: The Philosophical Foundations of Law and Justice, vol 8. Springer, Cham. https://doi.org/10.1007/978-3-319-74639-5_14
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DOI: https://doi.org/10.1007/978-3-319-74639-5_14
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