GEORGETOWN UNIVERSITY LAW CENTER
EXAMINATION
"PERSONAL PRIVACY IN AN INFORMATION AGE"
(3 HOURS)

Professors Cividanes and Rotenberg		December 17, 1991

Question 1

	You are associate counsel with a private firm.  You and 
a senior partner interview a potential client, Jim Davis, who 
relates the following story.

	In 1984 Davis left Megacorp Inc., a large chemical 
company,  after a falling out over the company's waste 
disposal policy.  Since leaving Megacorp Davis has made 
various allegations concerning the company's environmental 
record and has developed a reputation in some circles as a 
"whistleblower." 

	Davis recently learned that Megacorp hired Silent 
Security, a small private investigation firm, in 1990 in an 
apparent attempt to discredit him.  Silent Security 
photographed Davis with a high-power telephoto lense in his 
fifteenth floor apartment in Cleveland, Ohio engaging in 
sexual acts with his homosexual lover.  Silent Security also 
placed a wireless microphone in Davis's bedroom and routinely 
went through the contents of the trash placed outside his 
apartment door. 

	Megacorp subsequently published an unflattering picture 
of Davis undressed in the company newsletter under the 
headline "Where are they now?"

	The senior counsel has asked you to outline the causes 
of action and likelihood of success, and to state briefly 
your reasoning.


Question 2

	You are counsel to a Congressional Committee. 

	It is 1993.  Congress is considering a proposal for a 
national medical claims payment system, including the 
creation of a national database containing medical records.   
You are asked by the Committee Chairwoman to draft a bill 
that will address privacy issues.  Privacy advocates have 
called for "steel door" safeguards.  Some health care 
providers, insurers, and other private companies have 
suggested that access to the records, under appropriate 
circumstances, could promote new services and reduce costs 
for consumers.

	The Chairwoman has asked you for a succinct memo that 
outlines the provisions you believe should be in the bill.  
You should explain briefly the need and purpose of each 
provision and also discuss why it might be supported or 
opposed. 


Question 3

	You are general counsel to State University.

	During the past year, the University has faced growing 
problems with the sale of illegal narcotics as well as 
handgun possession.  The University has received little help 
from the police and is now considering two new technologies 
that may help address these problems.  The University would 
like (a) to install hidden video cameras in the bathrooms 
that could be used to record illegal drug transactions and 
(b) to place metal detectors at every entry point to the 
school.
 
	The President of the University has asked you to assess 
both parts of the proposal.  She indicated that she is 
sympathetic to privacy concerns and would like your 
suggestions for how the technologies might be used in the 
least intrusive manner, as generally understood by the 
courts.

	Your memo should put forward specific recommendations 
and briefly note court opinions that bear on your 
recommendations.


Question 4

	You are counsel to Revelation, a hi-tech computer firm 
that designs business software.  

	Revelation would like to develop a workplace privacy 
policy that would specifically cover electronic mail and 
customer telephone calls.  The company has requested your 
advice.  The firm's employees use the electronic mail system 
for a variety of purposes, including posting telephone 
messages, exchanging memoranda, and communicating with people 
outside of the company.  The electronic mail system also 
contains project files that are typically used by several 
employees.  Revelation is planning to offer an 800 customer 
service number next year.

	The company does not intend to arbitrarily monitor 
electronic mail communications.  However, when an employee is 
unavailable or no longer employed, the company may need 
access to internal communications.  On other occasions 
(expected to arise rarely) the company may need to access the 
electronic mail system to investigate internal conduct.

	The CEO has said to you that "The final policy must 
balance the company's strong commitment to protecting privacy 
with business realities."

	Your memo should set out clear policy recommendations 
with brief explanations and justifications.