PRIVACY LAW

 

 

 

Olivia is the CEO for “Freedom Enterprises,” a financial services conglomerate with over 10 billion in assets. Among Freedom’s primary businesses are banking, health insurance and property and casualty insurance. Olivia comes to your office seeking counsel relative to certain events that have transpired over the past few months at Freedom.

Freedom recently fired an employee over an email that was intercepted by Freedom’s Information Security Team. Freedom has a written policy that states that it does not monitor employee email or internet usage. Although all employees are provided with a company email address, the email in question was sent through the employee’s personal Yahoo account to an unidentified third party. The employee accessed his personal email through a company issued laptop via the company’s internet service provider.

The email stated the following:
To: “Mr. X” [email protected]
From: “Alex Young” [email protected]
Subject: Information
Hey X, nice meeting with you yesterday. To follow up on our conversation, I have managed to find the information you were requesting:
1. I attached a file listing all policyholders living in New Tudor. The document lists all policyholders by first initial and last name, address, policy number and phone number.
2. I attached a second file, which lists 30,000 Social Security Numbers. As we discussed, we will split the money after you sell them. What did he agree to? $1 per SSN? I can also confirm that on 5/1/2018, Freedom disclosed the attached 30,000 SSNs to “System F Industries.” Our regulators are sniffing around this a bit but I wouldn’t worry about it because our Board of Directors ran it though our outside counsel before signing off on it.
3. Stop worrying! Our Human Resources and Information Security Team is a pretty incompetent group. There is no way they read any emails that employees send. They don’t check to see if we wear our badges. They don’t even have a written information security policy! I have done deals like this many times so don’t be worried, I have everything under control. In fact, many of our employees have a little “side business” going on with all the data we keep. It is obviously very profitable. We need it with the lousy salaries we get here anyway.
4. I was told by Freedom’s Senior Vice President to hack into the IRS’s database and uncover their algorithm for determining which businesses to audit. I just cracked it yesterday and I am sending it to you first. I am sure this will be very valuable on the market. As discussed, we will split the profits once it is sold.
Alex Young
Senior Regulatory Analyst
Freedom Enterprises

Olivia is obviously concerned with what liability or sanctions may be imposed on Freedom. Your supervising attorney asks you to prepare a memo discussing all potential privacy-related issues in Freedom’s case. Please advise your supervising attorney on the likely outcome of each issue, and cite appropriate authorities

Sample Solution

The Heart of Darkness with its conjuration of gradual deterioration towards delirium illustrates a quasi-fictional adventure through the Belgian Congo. Watts highlights the key subject matters in the novella, ‘Conrad’s Heart of Darkness is a rich, vivid, layered, paradoxical and problematic novella or long tale; a mixture of oblique autobiography, traveler’s yarn, adventure story, psychological odyssey, political satire, symbolic prose-poem, black comedy, spiritual melodrama and skeptical meditation.’ The Heart of Darkness is a complex novella that offers the reader a compelling tale of the Belgian Congo while also presenting a critique of the social climate in the colonies.

F.R. Leavis in The Great Tradition argued for the inclusion of The Heart of Darkness in the canon citing that the novella is an ‘art of vivid essential record’ which articulates greed and moral decay to be behavior better suited in a sanatorium and is situated against the expansive and oppressive mysteries of the setting. The aforementioned, sets the tone for the rest of the novella. The character Kurtz is an agent of the company, his mental imbalance is a result of being enveloped by the nature of his surroundings in the Congo is made clear by the author; the excerpt (refer to Appendix 1) is representative of a reversal in the system of colonial hierarchy, where the surroundings are labeled oppressive in contrast to the infiltrators who desecrate the resources of the Congo and oppress the people. The lines ‘it made me hold my breath in expectation of hearing the wilderness burst into a prodigious peal of laughter’ and ‘the thing was to know what he belonged to, how many powers of darkness claimed him for their own,’ exhibits Marlow’s belief in the dangers of the wilderness through personification where the wilderness bursts into laughter and metaphorical expression where it demonstrates to what extent the power of the darkness has over an individual. Kurtz explicitly forsakes the ideals attached to the civilizing process deeply embedded in European imperialism. As an agent of the company, Kurtz is expected to represent the values and act in the best interest of the company, he does the opposite when he stakes sole claim on the ivory, station, river etc. In the excerpt of The Heart of Darkness, Conrad reaffirms the disillusionment surrounding the African continent, said author situates Kurtz in the center of the metaphorical hell, he is the ‘would-be civilizer, the embodiment of Europe’s highest and noblest values, radiating darkness.’ Conrad’s attention towards fetishizing Kurtz and ‘his Africa’ depicts criticism through the examination of how the civilizing process in nations abroad transpire on various levels in the novella with emphasis placed on the manner in which European political authority and consumerism govern the employment structure of the Company in Africa as well as the part it plays in Kurtz’s eventual demise. Criticism of the empire by Joseph Conrad in the novella is made clear in the extract, taking into account the author’s portrayal of Mr. Kurtz in a state of delirium as a result of being overwhelmed by his surroundings.

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