Tuesday, October 15, 2019

Mid-Term Term Paper Example | Topics and Well Written Essays - 1750 words

Mid- - Term Paper Example Similarly, DoE is in no way prohibited from taking pictures underwater in the same manner as it is accessible to public. This is more so because their space is not enclosed within the premises of a firm and hence it is open to the scrutiny of the public. Thus, photographing such an area does not envisage protection available under the Fourth Amendment against interference or surveillance. Besides, underwater photographs will not be able to capture any intimate details of the activities of the firm and, therefore, this cannot be construed as a constitutional violation. Moreover, the interests of the public have been the guiding factor in this case and DoE has a primary responsibility to ensure that public safety is not put in hazard by the activities of a commercial organization. On the other hand, the underwater area where the photograph has been taken does not constitute a reasonable expectation of privacy and hence it involves no violation of privacy. As such, the underwater photog raphing, a necessary activity to safeguard public interest, in no way violates the privacy of the company and must be allowed. This case is similar because, in both cases the area that has been monitored is the space open to public and as such both cannot be considered as the premises of the companies. The court has ruled the way it did because, an action that did not involve any violation of the privacy, as the space is open to public, cannot be considered as the breach of the privacy or infringement of the rights of the company. Freedom of Information Act is one of the salient laws enacted for extending the access of â€Å"information about the government† to the public (p.157). Under this act, a citizen can request a copy of documents in the custody of the government and in the normal circumstances he or she will be provided with the same unless it is â€Å"expressly

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.