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Reasonable Expectation of Privacy and What it Means for Online Data

The privacy concept has changed its meaning in today's era of social media. Every time you log into your social media page or profile, you give out the rights to vast amounts of personal data. From your momentary feelings and geographical location to browsing history and individual thoughts about different life issues Messaging and social networking platforms extract a lot of data from your social interactions.

We all expect our privacy to be protected, but to what extent? Exactly what is a reasonable expectation of privacy in the data shared over the internet? Many companies and government entities require that your online activities undergo scrutiny and tracking. Sadly, internet users share sensitive information without thinking of the implications.


Reasonable Expectation of Privacy Test: What it Means

The expectation of privacy is a broad subject, and courts and laws approach it with caution. The reasonable expectation of privacy test developed by Justice Harlan evaluates your rights in a data privacy violation. The expectation of privacy law uses two key tests to determine a violation of a person's Fourth Amendment rights. The test verifies whether you exhibited a genuine expectation of privacy and whether society accepts it as a reasonable expectation.

The test has been proven effective in establishing online data privacy violations. A real example is when Jones sued the United States government for privacy violations. The verdict by the Supreme Court determined that the government violated Jones's Fourth Amendment rights by warrantlessly using GPS to track his movements. Logically, Jones had rights to privacy protection even when using public roads.

In the Maryland v. Smith case, the Court of Appeal found no violation of the Fourth Amendment in the warrantless search of Smith's cell phone. That is because Smith had already shared the contents of his cell phone with others.


What is Expectation of Privacy on Social Media: What Rights Do You Have

The expectations of privacy on social media are hard to decipher. The sole reason many social media users share content online is to reach a wider audience and get thousands of likes and comments. But social media users don't want their data shared with third parties without their consent.

Despite the complexity of the expectation of privacy on social media, courts have ruled for or against plaintiffs in several cases. In a court case between Graham and the United States, a Sixth Circuit Court of Appeals determined that Graham lost his reasonable expectation of privacy rights when he shared content on social media. The court jury agreed that making his posts public meant he had given up his Fourth Amendment rights.


Benefits Of Privacy Settings in Expectation of Privacy

You have control over your rights to the expectation of privacy on social media. It is a matter of using the right privacy settings to control access to your information. With a few privacy settings on your social networking account, you can limit who sees your messages and posts. Choose the right privacy settings to maximize the safety of your content and protect against prying eyes. Remember, information shared on social media can be used for or against you in a court of law.


Sharing Of Content on Social Media to ''Friends''

One mistake we all make in our online lives is assuming our social networking friends have no right to share our content. A friend might find your content interesting and want to share it with others. Although it is courteous of them to ask first, doing so without requesting your permission does not violate Fourth Amendment laws. If you do not want your content shared, you have to turn off the sharing feature.

The only time your reasonable expectation of privacy gets violated is when someone not on your friend list or a blocked user uses fake profiles to access and share your content without your consent.


Wrapping Up

The expectation of privacy on social media is a controversial topic, and many times nobody can tell what direction to take. It becomes even more complicated when talking about content sharing. Friends and other people with access to your social media can share it, and that does not equal a violation of the Fourth Amendment.

The trick is leveraging privacy settings to limit access to content you do not want to share. As an organization, it pays to implement strategies that protect the privacy of employees and customers. Use iDox.ai's Sensitive Data Discovery Platform to identify and remediate sensitive data risks. 

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