There is no single source of privacy law. It is important to remember that the term "privacy" encompasses many topics. Here, we focus on data privacy, or people's right to control information about themselves. Moreover, there is no right of privacy stated in the U.S. Constitution. Rather, privacy was discussed and adopted during the landmark case of Roe v. Wade.*

Constitutional Law: The Fourth Amendment

In the U.S. Constitution, under the 4th Amendment, courts have interpreted that those being investigated by police in a criminal matter, have a reasonable expectation of privacy in their persons, places and things, but this does not extend to motor vehicles.This is the test to analyze whether privacy should be protected.

The Fourth Amendment to the Constitution prohibits unreasonable searches and seizures by the government. In enforcing this provision, courts ask whether a person had a reasonable expectation of privacy, which requires two elements:

1. The person had an actual, subjective expectation of privacy.

2. Society accepts the person's expectation of privacy as reasonable.

Courts have held that employees do not have a reasonable expectation of privacy in the workplace, especially if using hardware provided by the employer, or if the employee handbook says they may be monitored. Why? No government involvement and ownership of the equipment is held by the employer and is a necessary part of the workforce and work product.

*Note, Roe v. Wade has been overturned and therefore the issue that created the privacy right is no longer viable and the issue of abortion is returned to the states.

References

Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. S. (2019).Introduction to business law(6th ed.). Mason, OH: Cengage Learning. ISBN: 9781337404341. URL:https://www.gcumedia.com/digital-resources/cengage/2019/introduction-to-business-law_6e.php