CDT appreciates this opportunity to comment on the Department of Commerce’s draft Report on enhance resilience against botnets and other automated, distributed threats. Because there is an explicit tension between allowing companies to take voluntary but automated action against devices and accounts, and permitting consumers to control their digital footprint, we propose that the National Institute of Standards and Technology (NIST) convene a dedicated process for discussing the implications for privacy and freedom of expression.
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CDT is pleased that policymakers are addressing the issue of employee privacy. Technological advancements have increased efficiency in the modern workplace but also blurred the lines between personal and work life. The availability of fine-grained information about individuals, such as their location, their activity levels, or their online habits, have made it tempting for employers to monitor their employees in a way that erodes an individual’s ability to control the collection, use, and sharing of her personal information. Economic fair play, as well as the dignity of the individual, is at stake when her privacy is infringed upon in the workplace. We agree that codifying protections for employees is necessary and write to share our perspective and recommendations for how model legislation can be responsive to current, and near-future, workplace technology trends.
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