Electronic privacy is a controversial issue due to the use of technology for communication and business. Laws have been established, but debates continue over whether virtual communications should have the same privacy laws as physical versions. The Electronic Communications Privacy Act of 1986 was a landmark piece of legislation, but exemptions and specifications remain controversial. Electronic privacy is an ongoing legal and ethical debate that can only get more complicated with increased reliance on technology. Prevention is important until laws are better defined.
Electronic privacy is a controversial concept that arises from the increasingly frequent use of electronic technology to store documents, communicate and conduct business. The rise of computer technology in the late 20th century led to the need to define legal rights to electronic privacy in order to prevent fraud, identity theft, copyright issues, and illegal disclosure of confidential information. While many regions now have laws governing e-privacy, e-privacy still remains a source of controversy with significant issues still being debated legally and ethically. Additionally, as technology continues to evolve, laws are subject to dramatic changes in scope and coverage.
The basic arguments surrounding the issue focus on whether virtual communications, records, and transactions should be subject to the same privacy laws as physical versions, and whether ownership of a computer grants the owner the right to access all account. For example, some argue that if an employee uses a company computer, the company should have the right to monitor all e-mail, even if it is personal and not related to the workplace. E-privacy activists argue that a company has no more right to read a private email than it should open a letter to an employee that has been delivered to the company address. The debate remains largely unresolved, with few clear precedents established by law or judicial decisions.
Tech-privacy advocates believe that a computer account is subject to privacy laws, just like personal files or snail mail. To gain access to electronic files or data, many privacy advocates think a legal mandate should be served, just as with physical ownership. Many proponents also argue that e-privacy violations should be severely punished, especially when coupled with additional crimes such as identity theft.
A landmark piece of privacy legislation was the Electronic Communications Privacy Act of 1986, passed by the US Congress. This law prohibited the unlawful interception of electronic transmissions, including e-mail. While this was a landmark for the first electronic privacy law, the legislation has several exemptions and specifications that remain controversial and unclear. Similar protective laws in other areas of the world, such as the UK’s Privacy and Electronic Communications Regulations 2003, have been met with similar criticism for vague guidelines.
Electronic privacy is an ongoing legal and ethical debate that can only get more complicated with increased reliance on technology for transaction and record storage. With few clear definitions of privacy rights in the virtual sphere, legal cases citing infringement of rights are complex and often lengthy. To best avoid any invasion of privacy involving electronics, it is important that you use high-security computer settings, avoid posting or sending personal information over the Internet, and refrain from using any Company property for personal use. Until the laws are better defined regarding users’ rights in electronic media, prevention can be a good way to avoid a problem.
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