JOUR 371 chapter notes
JOUR 371: Communications Law
Meek School of Journalism and New Media
The University of Mississippi
Fall 2013
CHAPTER SEVEN: PRIVACY APPROPRIATION AND INTRUSION:
I. Introduction A. There is no specific mention of a right to privacy, by that name, in the Constitution or Bill of Rights. 1. Some think of it as “created” by judicial activism. 2. A better view is that it has been condensed from a variety of enumerated rights. Generally, a right to be left alone. B. The major counterpoint to any claim of privacy is consent. A person is in a poor position to say there was an invasion of privacy when personal information is voluntarily placed in public view. 1. In privacy discussions, a frequent question is whether a reasonable person would expect information to be confidential, stated as “a reasonable expectation of privacy.” 2. For more than 20 years, “data mining” has been growing and social media/Kroger cards have only increased this. a. The goal of a marketing strategist is to place an effective message in front of the most likely group of “customers” at the least possible expense. b. Social media is essential to this end. C. Pushback stemming from privacy concerns comes in the form of people not knowing they have given consent or objecting when they discover that information about them they thought was private is, in fact, public. In other words, under the circumstances, they were under the impression they had a reasonable expectation of privacy.
EXAMPLE: Suppose Bob has hemorrhoids, a severe case — and frequently Googles “hemorrhoid relief” and other, similar terms. Bob may be surprised when he gets an e-mail with a coupon for Preparation H. He might be aghast to discover he has actually put what he has put what he considered to be personal, medical information on the Internet for a marketing company to harvest. And it could go on from there. Suppose Bob applies for a job as an airline pilot and
Meek School of Journalism and New Media
The University of Mississippi
Fall 2013
CHAPTER SEVEN: PRIVACY APPROPRIATION AND INTRUSION:
I. Introduction A. There is no specific mention of a right to privacy, by that name, in the Constitution or Bill of Rights. 1. Some think of it as “created” by judicial activism. 2. A better view is that it has been condensed from a variety of enumerated rights. Generally, a right to be left alone. B. The major counterpoint to any claim of privacy is consent. A person is in a poor position to say there was an invasion of privacy when personal information is voluntarily placed in public view. 1. In privacy discussions, a frequent question is whether a reasonable person would expect information to be confidential, stated as “a reasonable expectation of privacy.” 2. For more than 20 years, “data mining” has been growing and social media/Kroger cards have only increased this. a. The goal of a marketing strategist is to place an effective message in front of the most likely group of “customers” at the least possible expense. b. Social media is essential to this end. C. Pushback stemming from privacy concerns comes in the form of people not knowing they have given consent or objecting when they discover that information about them they thought was private is, in fact, public. In other words, under the circumstances, they were under the impression they had a reasonable expectation of privacy.
EXAMPLE: Suppose Bob has hemorrhoids, a severe case — and frequently Googles “hemorrhoid relief” and other, similar terms. Bob may be surprised when he gets an e-mail with a coupon for Preparation H. He might be aghast to discover he has actually put what he has put what he considered to be personal, medical information on the Internet for a marketing company to harvest. And it could go on from there. Suppose Bob applies for a job as an airline pilot and