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By The New York Times
NEW YORK — The Supreme Court on Tuesday ruled that the country has a right to restrict the types of information companies and federal agencies can collect on American workers but that Americans have a lower standard for protection while collecting such data.
The decision, by a split five-four majority, was not unexpected, given the importance of the issue to national and international privacy laws. In a separate concurring opinion, Justice Stephen G. Breyer, joined by conservative Justice Ruth Bader Ginsburg and liberal Justice Elena Kagan, said the court had agreed to look again at a major case.
“It was our responsibility,” Justice Breyer said of deciding in 2010 that companies were not entitled to keep and use vast amounts of data that could reveal a worker’s political views, religious affiliation, health status or even location information — the kinds of information collected by the National Security Agency’s PRISM program.
“The Supreme Court recognizes that this kind of information does not come easily, as data on tens of millions of individuals need to be processed, analyzed or stored,” he said. “In addition, there can be legitimate privacy concerns about the way in which such data could be used.”
But, he added, “the Fourth Amendment is designed in part to deal with issues as fundamental as the right to privacy. So we must remain vigilant to ensure that our rules are not misconstrued.”
The decision in a case that brought together the two landmark civil rights cases against racial discrimination in the workplace was an important step toward expanding the types of data companies can collect on workers, allowing them to target advertising and other campaigns by race, religion or other factors.
In August 2012, the Supreme Court decided that the National Labor Relations Board could determine whether to impose certain labor conduct requirements and penalties on companies that had discriminated against workers in the past.
Mr. Brown was suing an energy processing plant and three of his employees for racial discrimination in employment. The plant, at the site of a former nuclear weapons depot in Pennsylvania, was run by Compustatory Shipping LLC. Mr. Brown sued because it had denied him benefits, including health coverage, while he was unable to continue working there for a second job.
Mr. Brown was working as
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