Eric Evans

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Emory Corp. Governance & Accountability Rev. Perspectives

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This Paper will approach social media in the private-sector workplace from an employee 'right to privacy' perspective, and analyze the limited privacy protections U.S. law, through a hodgepodge of statutory and common-law protections, currently provides to employee's social media activity. It will argue that courts are struggling to apply existing law, most of which was created in the context of more traditional forms of electronic communications, to social media, mainly because social media platforms allow users to use varying degrees of privacy in regards to their online activity that the law is not finely calibrated enough distinguish. Furthermore, the Paper will argue that squaring up the degrees of social media privacy with the idea that liability for both statutory and common-law invasion of privacy claims turn on court's binary perception of privacy requires holding that employees who have utilized any privacy settings should be ruled to have taken steps to remove the communication from the online public sphere, and thus has a reasonable and protectable expectation of privacy.

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