Data Privacy, Research Paper Example

Subsidiary 1

Some of the constitutional issues that could arise in Michigan include being sued for unlawful monitoring of employee computers at work. The company makes computer parts for the private sector, and this under federal law is a crime to illegally monitor. Although the Constitution and United States Bill of Rights does not clearly include a fundamental right to privacy, a Supreme Court case in 1965 stipulated that the constitution grants one a right to privacy against unlawful spying by government agencies (Uniform Trade Secrets Act,1999). The case in point was The Supreme Court in Griswold v. Connecticut, 381 U.S. 479.The right to be free from unlawful spying was based on penumbras that were present in the founding texts of the constitution. The 1890 Warren and Brandeis Law Review article “The Right To Privacy” is used as the first text that banned privacy as well.

The company in Ypsilanti, Michigan cannot therefore say that there is a fundamental need or right to forcefully monitor their employees’ computers. On a wider international scale, it cannot be said unlawful monitoring of user gadgets has led to a great rift between two of the world’s economic giants. The United States and China have been in a trade war for the last three years (Defend Trade Secret Act, 2016). The war which is caused by a decision by the United States to reduce bilateral trade between countries and the constant accusation of China’s technology based companies fetching data from American people for less than transparent reasons. The trade war has affected many countries, especially third world countries that depend on foreign aid negatively, with some of them losing out on important help from either one of the two current global economic giants in some form.

Subsidiary 2

The company in Ohio does not have a lot of infringement issues to look at because of the fact that it manufactures items that are used by the military. The issue of utmost reliability becomes serious due to this factor. Employees who work on military equipment and materials have access to very sensitive information, and if this lands into the wrong hands it could pose a national threat. The law in question that supports this on a federal level is The Freedom of Information Act (FOIA) and the Privacy Act (Uniform Trade Secrets Act,1999). The use of the two laws must provide a balance between how much the public knows about the military and what can be withheld when working on military projects. It therefore means that the company has no legal issue to them interfering with the data of their employees in whatever form.

The company must also do this because they are engaged in creating radio equipment which uses technology as its base of work. The use of computer aided design has changed the engineering process of radio communications in the military massively. It encompasses an easier and more flexible way of doing radio communications for the military while at the same time calculating risks of different designs on its own (Defend Trade Secret Act, 2016). The computer also has the ability to store these designs for future use,and they can be easily edited when one has the latest software. The space of computer aided design has helped such engineers create the prototype through 3D and 2D printing elements and have improved the field as such.

The digital integration of radio communication technology with computer aided graphics is embedded in the fact that technical design application has been used in the military to reduce risk of failure. The design is then created into a prototype which is then tested for its applicability and use and if it satisfies the users it proceeds to implementation. If anything needs to be improved it also does so during the design and prototype process(Uniform Trade Secrets Act,1999). The design elements have been improved by the computer by giving it the ability to create a fully viewable and editable 3D and 2D design that greatly helps put the vision of the creators into perspective. The idea of using graphic design has also given the client the ability to look at the design of the finished product with great detail, including elements of working with body designs, glass elements, and even recreation to blend in with the natural surroundings to give it more realism.

Subsidiary 3

The company in France that is collecting data on clients has a serious breach of confidentiality issue to look at. The French Data Protection Act implements article 5 of the ePrivacy Directive. Pursuant to article 5 of the EU ePrivacy Directive, the act of storing cookies (or other data) on an end user’s gadget needs initial consent. The standard for this consent is from the General Data Protection Regulation (GDPR) which is an law in the European Union on the issue of data privacy (Trade secret policy., 2020). The company therefore should have a consent from that the user or client signs and agrees to before engaging in any sort of data harvesting. The use of data harvesting techniques on private citizens is one of the most common techniques of marketing today and the company can largely be blamed to be engaging in unfair marketing practices.

The concept of data harvesting in the world  is largely blamed on social media today. Social media has done a lot on terms of influencing society in the aspect of communication.  The shift in communication pattern as a result of technological influence, the idea of connecting emotions to listening and the recommended solutions. For example, research has it that today’s society is more impatient, less concerned with the less fortunate and generally do not listen or have large concentration spans (Identity Theft Protection Act,2004-2005). This is a cultural factor that is blamed on the influence of technology in recent times. Even though the internet, media and other forms of societal communication are more advanced, they take the mental strain of listening away from the listener.

Social media also has had a lot of influencing on the public through its analytics for video and visual content. Almost everything has to be visual (Defend Trade Secret Act, 2016). The analytics are also based on the demographic nature of the people who streamed your content. Such information gives the content creator room for either creating more content for the people they have reached or to change the direction all together. The likelihood of content reaching its target audience is therefore increased based on this concept. For businesses this is the basis of research marketing, and gives social media sites the much needed edge as a tool for modern day marketing. In social media sites however, the client is notified of any type of data collected or harvested and for what it is used for. Companies are also likely to collect and use the information to market their products to the members of the public on a one on one basis which makes it cheaper, quicker and has a capability of reaching a wider audience.

If I was selling real estate property in China for example, I would need to tailor my business messaging elements to align with the cultures of the target market. First,the connection between society and communication on a cultural level also helps us to understand issues to do with the imbalances of gender and class. Women for example have been complaining for the longest time that men as a gender do not listen to them. This can be interpreted as true based on the theory portrayed in the video. It is very hard for women to ha e inclusiveness in most places as men and they normally have to fight for space (Uniform Trade Secrets Act,1999). The situation is so bad that institutions that practice inclusivity are normally applauded for their outstanding efforts. Pixar for example is a film and animation studio based in Hollywood that produces films and animations that are sold all over the world (Aggravated Identity Theft, 2004). The company has a diverse and inclusive work force that enable it to produce top notch films for audiences across the world, and this includes a strong and steady 48 percent of women and marginalized communities employees. The company is quite impressed by this because it is quite in line with its culture of inclusivity and this is portrayed in the inclusion of these statistics on its website for all to see. The company as a highly recognized film entity has been at the fore front of producing stories and collaborating with like-minded individuals. This is the advantage of inclusion that was previously not available to very many women and members of the marginalized communities.

References

Aggravated Identity Theft, 18 U.S.C § 1028A (2004). Retrieved February 22, 2021, from https://www.law.cornell.edu/uscode/text/18/1028A

Defend Trade Secret Act, Pub. L. No. 114-153, § 2, 130 Stat. 376 (2016). Retrieved February 22, 2021, from https://www.congress.gov/bill/114th-congress/senate-bill/1890

Identity Theft Protection Act, Mich. S. B.792, (2004-2005), Chapter 445
(Mich. Stat. 2004). Retrieved on February 20, 2021, from http://www.legislature.mi.gov/(S(odlyhjpvyszzbw4oiwztgmjy))/documents/mcl/pdf/mcl-445-65.pdf

Trade secret policy. (2020, November 18). Retrieved February 22, 2021, from https://www.uspto.gov/ip-policy/trade-secret-policy

Uniform Trade Secrets Act, Mich. S. B.5312, (1998-1999), Chapter 445
(Mich. Stat. 1998). Retrieved on February 20, 2021, http://www.legislature.mi.gov/(S(q2mme5pfqzfkts3edhcglk31))/documents/mcl/pdf/mcl-Act-448-of-1998.pdf