Legal and Ethical Considerations Flashcards

Which amendment to the U.S. Constitution is MOST directly invoked when challenging government-conducted surveillance?

Answer: Fourth Amendment

The Fourth Amendment protects against unreasonable searches and seizures by the government, forming the constitutional basis for most challenges to government surveillance.

In a 'two-party consent' (all-party consent) state, recording a phone call legally requires:

Answer: Consent from all parties to the conversation

All-party (two-party) consent states require every participant in a conversation to consent before the conversation may be legally recorded.

A surveillance system for a healthcare facility captures footage of patients receiving treatment. Which regulation MOST directly applies to handling and protecting this video data?

Answer: HIPAA Privacy Rule

HIPAA's Privacy Rule covers protected health information (PHI), and video footage showing identifiable patients receiving medical treatment can constitute PHI requiring HIPAA-compliant safeguards.

The Katz v. United States (1967) Supreme Court decision is significant to surveillance law because it established:

Answer: The 'reasonable expectation of privacy' test replacing purely property-based analysis

Katz established the two-part reasonable expectation of privacy test: a subjective expectation that society recognizes as objectively reasonable determines Fourth Amendment protection.

When retaining surveillance footage, a best practice from an ethical and legal standpoint is to:

Answer: Follow a documented retention policy aligned with legal requirements and delete footage when retention periods expire

A documented retention policy that complies with applicable laws and regulations ensures footage is kept as long as legally required and securely destroyed afterward, minimizing privacy risks.

Under the Video Voyeurism Prevention Act of 2004, it is a federal crime to capture images of a person's private areas without consent in locations where the person has a reasonable expectation of privacy. Which setting would MOST likely trigger this statute?

Answer: A department store dressing room

Dressing rooms are locations where individuals have a clear reasonable expectation of privacy regarding their private areas, making covert imaging there a federal crime under the Video Voyeurism Prevention Act.

A client asks a CST to provide access to surveillance footage to a third-party insurance investigator without a subpoena. The MOST appropriate action is to:

Answer: Verify the client has authority to authorize this disclosure and confirm it does not violate applicable privacy laws before complying

Before releasing footage to third parties, a responsible technician confirms the requesting party's authority and ensures the disclosure complies with applicable privacy statutes and contractual obligations.