This preview shows page 1. Sign up to view the full content.
Unformatted text preview: tobacco or tobacco products. The Supreme Court has recognized that there is a
privacy interest in avoiding disclosure of personal matters. Whalen v. Roe, 429 U.S. 589,
97 S. Ct. 869, 51 L. Ed. 2d 64 (1977); see also Nixon v. Administrator of General Servs.,
433 U.S. 425, 97 S. Ct. 2777, 53 L. Ed. 2d 867 (1977). "There is no doubt that . . . [article
I, section 23] was intended to protect the right to determine whether or not sensitive
information about oneself will be disclosed to others." Rasmussen, 500 So. 2d at 536. "A
fundamental aspect of personhood's integrity is the power to control what we shall reveal
about our intimate selves, to whom, and for what purpose." Byron, Harless, Schaffer,
Reid & Assocs., v. State ex. rel. Schellenberg, 360 So. 2d 83, 92 (Fla. 1st DCA 1978),
quashed, 379 So. 2d 633 (Fla. 1980).
There is a right of privacy involved when a government agency gathers private and
personal information from applicants. See Gerald B. Cope, Jr., To Be Let Alone:
Florida's Proposed Right of Privacy, 6 Fla. St. U. L. Rev. 673, 759-760 (1978). "It is 61 difficult to imagine a greater or more improper intrusion of privacy" than when the
government evaluates candidates to a job by conducting psychological tests which gather
highly personal and sensitive information such as social activities, comments on spouse's
personality, church associations and drinking and smoking habits. Id. "Not only . . . [is
such] information of the most personal kind, but it . . . [has] no arguable relevance to the
applicant's ability to" perform the job. Id.
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**9]
Regulation 1-46 intrudes into an applicant's private life. Although Florida has its own
express constitutional clause guaranteeing the right of privacy, we look to federal law for
guidance. In Grusendorf v. City of Oklahoma City, 816 F.2d 539 (10th Cir. 1987), the
court upheld a regulation prohibiting firefighter trainees from smoking cigarettes either
on or off duty for a period of one year. The court distinguished smoking from the liberty
interests the Supreme Court has recognized as fundamental. Id. at 541. The court,
however, specifically acknowledged that the regulation infringed upon the liberty and
privacy interest of firefighter trainees because the regu...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08