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Organizations must often conduct internal investigations into employee misconduct, which involves significant privacy considerations. This episode explores how investigations collect and handle personal information, including interviews, system logs, and third-party services. We’ll discuss the importance of documenting evidence while respecting the rights of the individuals involved. We’ll also hi...

Biometric data and location-based services present unique privacy challenges in the workplace. This episode reviews how employers use tools like fingerprint scanners, facial recognition, GPS tracking, and wearable devices to monitor attendance, productivity, and health. We’ll cover the privacy risks, consent requirements, and the patchwork of state laws, such as Illinois’ Biometric Information Pri...

Employers often monitor employees’ use of technology and communications systems, raising important privacy issues. This episode examines the scope of monitoring activities, including computer usage, email systems, telephone records, and workplace video surveillance. We’ll explain how notice and consent play central roles in shaping the legality of these practices, as well as the expectations court...

Employers increasingly monitor social media use, both during hiring and employment. This episode explores the privacy risks, including potential discrimination, reputational harm, and conflicts with labor rights. We’ll examine how the National Labor Relations Board protects “concerted activity” on social platforms, limiting how employers can respond to employee posts. We’ll also cover best practic...

Employers often rely on background screening to evaluate candidates, but privacy laws set clear limits. This episode examines psychological and integrity tests, restrictions on polygraph testing under the Employee Polygraph Protection Act, and the privacy considerations in drug and alcohol testing. We’ll also discuss how the Fair Credit Reporting Act applies to third-party background checks. These...

Employers increasingly use AI-driven tools for hiring, but these technologies raise privacy and fairness concerns. This episode explains how automated decision-making tools are regulated, including requirements for transparency, bias audits, and applicant rights. We’ll also explore how these tools intersect with anti-discrimination laws and state AI regulations. Understanding these risks and oblig...

Multiple federal agencies shape employment privacy. This episode covers the Federal Trade Commission’s oversight of data security promises, the Department of Labor’s authority over wage and hour records, the Equal Employment Opportunity Commission’s enforcement of anti-discrimination laws, the National Labor Relations Board’s protection of concerted activity, and the Occupational Safety and Health...

Workplace privacy is grounded in concepts of notice, reasonable expectation of privacy, and nondiscrimination. This episode examines how employers must provide clear notice of monitoring practices, and how courts evaluate whether employees reasonably expected privacy in various contexts. Anti-discrimination laws add another layer of protection, preventing misuse of personal data in hiring, promoti...

Domain IV addresses privacy issues throughout the employment lifecycle. This episode provides an overview of pre-employment screening, workplace monitoring, and post-employment records retention. We’ll highlight the key statutes and agencies that regulate employment privacy, including the Civil Rights Act, the Americans with Disabilities Act, and the Equal Employment Opportunity Commission. We als...

Civil litigation often requires the disclosure of large volumes of data, raising significant privacy concerns. This episode explains the role of electronic discovery (e-discovery), including how personal information is identified, reviewed, and produced during legal proceedings. We’ll cover how protective orders, redaction, and anonymization techniques help mitigate risks. We also explore how U.S....

Media and journalism face unique privacy issues when government seeks access to information. This episode covers the Privacy Protection Act of 1980, which restricts government searches and seizures of media materials. We’ll explore how this law protects journalists from compelled disclosure and balances press freedom with law enforcement needs. We’ll also discuss exceptions and court interpretatio...

The Cybersecurity Information Sharing Act (CISA) encourages private companies to share cyber threat information with the government. This episode explains how the Act provides liability protections for organizations that participate, while also imposing requirements to remove personal information where possible. We’ll explore how CISA fits into the broader privacy landscape, where national securit...

This episode covers the USA Freedom Act of 2015, which curtailed some of the sweeping surveillance authorities established under the USA PATRIOT Act. We’ll review how the Act ended bulk collection of telephone metadata by the National Security Agency, replacing it with a more targeted system requiring judicial approval. The reforms reflected public and international concerns over government survei...

Passed after September 11, the USA PATRIOT Act expanded government surveillance powers. This episode covers how the Act broadened authority for accessing communications, financial records, and other personal data in the name of counterterrorism. We’ll examine key provisions, including roving wiretaps and National Security Letters, and the privacy implications that followed. We also discuss how the...

National security laws create unique privacy challenges. This episode introduces the Foreign Intelligence Surveillance Act (FISA) and its Amendments Act, particularly Section 702, which authorizes surveillance of foreign targets. We’ll explain how these authorities intersect with data from U.S. companies and why they raise global privacy concerns. We’ll also cover the oversight mechanisms in place...

Access to communications is one of the most sensitive areas of privacy law. This episode explores the Electronic Communications Privacy Act (ECPA), which regulates wiretaps and stored communications, and the Communications Assistance for Law Enforcement Act (CALEA), which requires telecom providers to enable lawful intercepts. We’ll also highlight how warrants, subpoenas, and court orders function...

Government access to financial data is governed by specific laws. This episode covers the Right to Financial Privacy Act (RFPA), which sets limits on government access to bank records, and the Bank Secrecy Act (BSA), which requires institutions to monitor and report suspicious activity. These laws illustrate the tension between privacy rights and government oversight of financial systems. We’ll al...

Domain III introduces the critical issue of government access to private-sector information. This episode provides an overview of how laws regulate subpoenas, warrants, and requests from law enforcement or intelligence agencies. We’ll highlight statutes like the Electronic Communications Privacy Act (ECPA), the Foreign Intelligence Surveillance Act (FISA), and others that govern government demands...

Web scraping raises both ethical and legal challenges. This episode explains how scraping can collect vast amounts of personal information, often without consumer knowledge. We’ll discuss relevant statutes, contract law through terms of service, and enforcement actions related to unauthorized scraping. We’ll also consider the risks organizations face when data is scraped from their sites. For exam...

Digital advertising relies heavily on tracking and profiling. This episode covers cookies, pixels, and device identifiers, along with how they enable targeted ads. We’ll examine the privacy implications of these practices, including transparency, consent, and opt-out mechanisms. We’ll also discuss how regulators approach online behavioral advertising through enforcement actions and guidance. Under...

Telemarketing restrictions extend beyond the TSR and TCPA through registries that give consumers control. This episode explains the National Do-Not-Call (DNC) Registry, how consumers enroll, and the obligations it imposes on telemarketers. We also review the Wireless Domain Registry, which protects consumers from unwanted text marketing. These registries are key enforcement tools that regulators u...

Telecommunications and media involve a complex mix of statutes. This episode reviews the Telecommunications Act of 1996, which regulates customer proprietary network information, the Cable Communications Policy Act of 1984, which addresses subscriber privacy, and the Video Privacy Protection Act (VPPA), which restricts disclosure of video rental records. We’ll also cover the Driver’s Privacy Prote...

Electronic communications are major areas of privacy regulation. This episode explores the CAN-SPAM Act, which sets standards for commercial email, including opt-out requirements, truth in subject lines, and identification of advertisements. We’ll also cover the Junk Fax Prevention Act (JFPA), which restricts unsolicited fax marketing and outlines conditions for permissible messages. Together, the...

Telemarketing is tightly regulated under the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA). This episode explains the key provisions, including requirements for disclosures, restrictions on calling times, and consent for autodialed or prerecorded calls. We’ll also review penalties for violations and the role of the Do-Not-Call registry. By understanding these rule...

As schools adopt digital platforms, new privacy and security risks emerge. This episode explores issues such as online learning platforms collecting student data, targeted advertising in education settings, and cybersecurity vulnerabilities. We’ll also discuss how FERPA and other laws address these risks, along with guidance from regulators. We’ll cover the tension between innovation and protectio...