Legal & Ethical Surveillance Practices Flashcards

Under the Electronic Communications Privacy Act (ECPA), which type of communication is afforded the LEAST protection from interception?

Answer: Radio communications transmitted without encryption

Unencrypted radio communications are explicitly excluded from ECPA's strongest protections because they are considered publicly accessible.

A CSP is asked to conduct covert video surveillance in an employee lounge. Which legal principle most directly applies to whether this is permissible?

Answer: The reasonable expectation of privacy doctrine

The reasonable expectation of privacy doctrine determines whether individuals have a protected privacy interest in areas like break rooms and lounges.

Which federal agency has primary enforcement authority over workplace privacy violations involving electronic surveillance of employees?

Answer: National Labor Relations Board (NLRB)

The NLRB has jurisdiction over workplace surveillance policies that may interfere with employees' rights to organize and engage in protected concerted activity.

When a surveillance professional discovers evidence of criminal activity unrelated to the original surveillance objective, this situation is best described as:

Answer: Incidental collection

Incidental collection refers to capturing information beyond the intended surveillance target, which requires specific handling protocols and legal review.

Which of the following best describes the 'minimization' requirement in federal wiretapping law?

Answer: Limiting interception to communications relevant to the authorized criminal investigation

Minimization requires agents to cease monitoring communications that are clearly unrelated to the criminal investigation being investigated.

A private investigator conducting insurance fraud surveillance photographs a subject in a public park. The subject later sues for invasion of privacy. The STRONGEST defense is:

Answer: The photographs were taken in a public place where no reasonable expectation of privacy exists

Activities conducted in plain view in public spaces generally carry no reasonable expectation of privacy, making such photography legally permissible.

Under GDPR principles that influence U.S. corporate surveillance practices, 'data minimization' means:

Answer: Collecting only the data necessary for the specified legitimate purpose

Data minimization is the principle that organizations should collect only what is adequate, relevant, and limited to what is necessary for their stated purpose.