Case Highlight: Google's Right to Read Your Emails Shot Down

Thought your Gmail account was private? It was not before, but it may be now.

Not only did Google admit to reading user emails for content to target its advertising campaigns to its users, but Google argued in federal court that Gmail users had no expectation of privacy regarding their email accounts. Thus, it was total legal for Google to scan Gmail account users' emails without the users' knowledge or permission.

Google argued in its brief: "Just as a sender of a letter to a business colleague cannot be surprised that the recipient's assistant opens the letter, people who use web-based email today cannot be surprised if their emails are processed by the recipient's [email provider] in the course of delivery.'" (Motion to dismiss, Page 19)

Privacy activists, however, rejoiced when Judge Lucy H. Koh rejected Google's argument. In her decision, Judge Koh ruled that reading emails is not a necessary part of Google's business operations and that California's Invasion of Privacy Laws apply to opening and reading online communications without consent.

Or more simply, Google violates privacy laws when it scans our personal emails to determine what ads to show us based on our emails' content.

Though this decision is exciting and new, the real-life implications of this decision have yet to be felt. Google will almost certainly appeal the decision, and there is no reliable prediction as to how federal appeals courts may handle the issue. You can check back in with Student Legal Service's blog in the future for any developments on this case!

California Law Highlight: Employer Use of Social Media

California became one of the first states in the country to enact a law prohibiting employers and universities from demanding a person's social media username and password.

What is known as the Social Media Privacy Act is actually comprised of two different laws signed by Governor Brown in 2012 and enacted on January 1, 2013

Employers: California Assembly Bill 1844 prohibits a private employer from requiring or even requesting an employee or job applicant's social media usernames and passwords.  This is meant to protect your privacy from snooping employers (or prospective employers!) who may be looking for information about you beyond your resume.

Additionally, the law prohibits an employer from firing, disciplining, threatening to fire or discipline, or otherwise retaliating against an employee who asserts their rights under this law.

Please note! Any information a person has on a social media website that is viewable by the general public is still fair game. Employers may still use whatever information they can find about a person by just searching them on the internet. This law is meant to only stop employers from requesting access to private accounts.

Knowing Your Privacy Rights: FERPA

Though many students do not know it, all UC San Diego students have certain privacy rights guaranteed to them by the Family Educational Rights and Privacy Act of 1974 ("FERPA").

FERPA is a federal law designed to protect all students who attend institutions receiving federal funding, including UC San Diego. If UC San Diego is found to have violated FERPA it may be in jeopardy of losing its federal funds.

In a nutshell, FERPA obligates UC San Diego to ensure the privacy and accuracy of education records. This means UC San Diego must comply with student requests to view his or her education records, and it must give students the opportunity to request an amendment to education records he or she feels are inaccurate.

More importantly, FERPA greatly restricts access to students' education records by the general public. Here are some of the only people allowed to access a UC San Diego student's education records:

1. The student;
2. UC San Diego officials who have a "legitimate educational interest";
3. Other schools to which a student may be transferring;
4. Appropriate officials in cases of health and safety emergencies; and
5. Anyone else the student gives written consent to access his or her education records (a common example is graduate programs to which a student may be applying).

For a full list, visit this FERPA resource page

Interesting facts about FERPA:

• FERPA keeps your educational records private from most people. This includes your parents if you are 18 or over!
• Students under the age of 18 have FERPA rights, however their parents also have the ability to also access records.
• Your FERPA rights exist all the way up until your death, not when you leave the university.
• Something as seemingly innocent as a professor leaving graded assignments in an unmonitored area for student pick-up may be a violation of your FERPA rights.
• If you feel your FERPA rights have been violated you may file a complain with the U.S. Department of Education.