Regulatory Compliance & Legal Framework Flashcards

Under the Electronic Communications Privacy Act (ECPA), which type of interception requires a court order regardless of whether one party consents?

Answer: Wire communications intercepted by a third party without any party's consent

ECPA prohibits third-party interception of wire communications without a court order, even if one party consents, because the non-consenting parties' rights are violated.

An investigator discovers that a subject's personal information was compiled using records from a state motor vehicle database. Which federal law primarily governs the permissible use of that data?

Answer: Driver's Privacy Protection Act (DPPA)

The DPPA restricts the use and disclosure of personal information obtained from state DMV records to specific permissible purposes such as law enforcement and litigation.

When conducting a workplace investigation, which of the following best describes the doctrine of respondeat superior?

Answer: An employer may be held liable for an employee's tortious acts committed within the scope of employment

Respondeat superior ('let the master answer') holds employers vicariously liable for employees' wrongful acts performed within the scope of their employment.

A private investigator in State A is hired to investigate a subject who temporarily resides in State B. Which licensing requirement applies?

Answer: The PI must comply with the licensing laws of State B where the investigation is physically conducted

PI licensing is state-specific, and investigators must be licensed in the jurisdiction where surveillance or investigation activities are physically performed.

Under the Fourth Amendment, the 'reasonable expectation of privacy' standard established in Katz v. United States applies to:

Answer: Government actors performing searches and seizures, not private investigators acting independently

The Fourth Amendment's reasonable expectation of privacy standard restricts government (state) actors, not private individuals or investigators acting without government direction.

Which of the following scenarios would most likely constitute 'pretexting' in violation of the Gramm-Leach-Bliley Act?

Answer: Calling a bank and impersonating the account holder to obtain financial records

GLBA prohibits obtaining customer financial information under false pretenses (pretexting), including impersonating account holders to extract records from financial institutions.

A certified investigator is asked to serve as an expert witness. Which statement most accurately describes the Daubert standard for expert testimony?

Answer: The trial judge acts as gatekeeper to ensure expert testimony is based on sufficient facts, reliable methodology, and applicable to the case

Under Daubert v. Merrell Dow Pharmaceuticals, federal courts require the judge to screen expert testimony for scientific validity, reliable methodology, and relevance before it reaches the jury.