Legal & Ethical Surveillance Practices Flashcards

When conducting a workplace investigation involving potential sexual harassment, which surveillance method raises the GREATEST ethical concern?

Answer: Installing a hidden camera in a private office to capture alleged incidents

Hidden cameras in private offices violate reasonable expectations of privacy and are likely illegal under state and federal wiretapping laws regardless of the investigation's legitimacy.

The concept of 'chilling effect' in surveillance law refers to:

Answer: How surveillance or its threat discourages people from exercising constitutional rights

A chilling effect occurs when surveillance causes people to self-censor or avoid lawful activities out of fear of government or corporate monitoring.

A CSP discovers that surveillance footage clearly exonerates a suspect in an internal theft investigation. Ethically, the professional MUST:

Answer: Report the exculpatory evidence to the appropriate parties regardless of who it benefits

Ethical surveillance professionals must report all material evidence including exculpatory findings, as suppressing favorable evidence violates professional integrity and may be unlawful.

Which legal standard is required for federal law enforcement to obtain a Title III wiretap order for real-time interception of wire communications?

Answer: Probable cause plus necessity showing

Title III orders require probable cause AND a showing of necessity — that normal investigative techniques have been tried and failed or are too dangerous.

An employer in a two-party consent state wants to record phone calls with customers. The MOST legally sound approach is to:

Answer: Provide an automated notice at the start of each call informing parties that the call may be recorded

Automated call recording notices satisfy consent requirements in most two-party consent states by giving callers the opportunity to hang up before speaking.

Under ethical guidelines for private surveillance professionals, 'pretext' investigations (using a false identity) are generally:

Answer: Permissible when necessary but subject to significant legal and ethical constraints

Pretext investigations occupy a gray area — they may be legally permissible in some contexts but carry significant ethical obligations and legal risks that professionals must carefully navigate.

When a CSP receives a civil subpoena for surveillance records, the FIRST action should be to:

Answer: Consult with legal counsel before responding or producing any documents

Legal counsel must review civil subpoenas to assess validity, scope, applicable privileges, and the appropriate response before any records are produced or withheld.