Federal Appeals Court Protects Employees from Covert Video Recording

The Third Circuit Court of Appeals ruled that a police deputy's privacy claims against her employer can proceed despite the government's objections. The case involves Jane Doe, who was secretly videotaped by a co-worker during a mandatory decontamination shower. The digital footage was uploaded onto a government computer and disclosed over the municipal network. The appeals court held that Ms. Doe had a reasonable expectation of privacy in remaining free from videotaping during the shower, and wrote "the potential harm of nonconsensual disclosure [of the video] is exacerbated by the existence of the Internet, where one can upload image and video files and irretrievably share them with the world in a matter of moments." EPIC filed a brief and presented oral argument in the case, stating that the case "presents novel privacy issues involving new technology" and that "the District Court failed to appreciate the unique damage caused by unlawful disclosures over computer networks." For more, see EPIC: Doe v. Luzerne.

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