Unformatted text preview: e expectation of privacy in
cases dealing with personal autonomy and in cases dealing with disclosure of private
information. See In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990)(right of selfdetermination); Shaktman v. State, 553 So. 2d 148 (Fla. 1989) (government gathering
telephone numbers through use of pen register); In re T.W., 551 So. 2d at 1186 (woman's
decision whether or not to continue pregnancy); Rasmussen v. South Florida Blood Serv.,
Inc., 500 So. 2d 533 (Fla. 1987)(confidential donor information concerning AIDS-tainted
blood supply); Winfield, 477 So. 2d at 544 (legitimate expectation of privacy in bank
records); Florida Bd. of Bar Examiners Re: Applicant, 443 So. 2d 71 (Fla. 1983)(bar
application questions concerning disclosure of psychiatric counseling).
The right of privacy is involved when the City passes a regulation [**8] which
effectively denies applicants the opportunity to be considered for employment with the
City merely for engaging in lawful conduct [*902] unrelated to job functions. n6 An
applicant does not have a constitutional right to government employment. Massachusetts
Bd. of Retirement v. Murgia, 427 U.S. 307, 311, 96 S. Ct. 2562, 2565, 49 L. Ed. 2d 520
(1976). An applicant, however, has a legitimate expectation of privacy when the
government through requirements for employment seeks to intrude into the applicant's
personal life. In Florida Bd. of Bar Examiners, the Florida Supreme Court recognized that
although a bar applicant had no constitutional right to be admitted to the Florida Bar, the
applicant had a legitimate expectation of privacy in not disclosing certain information.
443 So. 2d at 74. Nevertheless, because the information was relevant to determine the
applicant's fitness to practice law, the state had a compelling interest in obtaining the
information. Id. at 75.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n6 The effect of the regulation is also to require applicants to disclose whether or not they
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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