Which of the following is most likely to provide privacy protection to private-sector employees in the United States?

Question

Options

• AState law, contract law, and tort law
• BThe Federal Trade Commission Act (FTC Act)
• CAmendments one, four, and five of the U.S. Constitution
• DThe U.S. Department of Health and Human Services (HHS)

• A
  77% (20)
• B
  8% (2)
• C
  4% (1)
• D
  12% (3)

Explanation

Unlike many other countries, the United States does not have a comprehensive federal law that regulates the privacy of private-sector employees. Instead, the privacy protection of employees depends largely on state law, contract law, and tort law. State law may provide specific rights and remedies for employees regarding issues such as drug testing, background checks, electronic monitoring, social media access, and genetic information. Contract law may create obligations and expectations for employers and employees based on written or implied agreements, such as employment contracts, employee handbooks, or collective bargaining agreements. Tort law may allow employees to sue their employers for invasion of privacy, such as intrusion upon seclusion, public disclosure of private facts, false light, or appropriation of name or likeness.

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