Legal and Ethical Considerations Flashcards

Under GDPR (applicable when a U.S. firm handles data of EU residents), video surveillance footage that captures identifiable individuals is classified as:

Answer: Personal data subject to GDPR's processing requirements and data subject rights

GDPR classifies footage of identifiable individuals as personal data, requiring a lawful basis for processing, appropriate retention limits, and observance of data subject rights such as access and erasure.

A surveillance camera positioned to monitor a neighboring property's private yard, rather than the client's own property, raises which PRIMARY legal concern?

Answer: Invasion of privacy or trespass by electronic means

Directing surveillance equipment at a neighboring property's private yard constitutes a potential invasion of privacy or tortious intrusion upon seclusion, and may violate state surveillance statutes.

The California Consumer Privacy Act (CCPA) grants California residents rights regarding personal information collected by businesses. For a surveillance company, this MOST likely means:

Answer: Businesses must disclose what personal data (including surveillance footage) they collect and honor deletion requests under specified conditions

CCPA requires covered businesses to inform consumers of data collected (which can include surveillance footage) and to honor rights of access and deletion, subject to applicable exemptions.

When a private investigator contracts a CST to set up covert surveillance of an individual in a public place, which statement is MOST legally accurate?

Answer: Individuals generally have a reduced expectation of privacy in public places, making observation and photography there typically lawful

U.S. courts have consistently held that people have a reduced reasonable expectation of privacy in public areas, so observing and recording individuals there is generally lawful absent specific statutes to the contrary.

An ethical surveillance professional should decline a client request when the requested surveillance would:

Answer: Facilitate stalking, harassment, or domestic abuse of another individual

Facilitating stalking, harassment, or abuse violates criminal statutes and fundamental ethical principles; no legitimate professional obligation exists to fulfill such requests.

Which practice BEST supports the legal defensibility of a surveillance system's footage in litigation?

Answer: Implementing access controls, audit logs, and encryption to establish footage integrity and a documented chain of custody

Access controls, audit logs, and encryption collectively demonstrate that footage has not been altered or accessed improperly, supporting its authenticity and admissibility as evidence.

A technician is installing a surveillance system at a school. Which federal law is MOST relevant to protecting the privacy of student records that may appear in or be associated with that surveillance footage?

Answer: FERPA

FERPA (Family Educational Rights and Privacy Act) protects the privacy of student education records, and surveillance footage that directly relates to identifiable students may be considered an education record in some circumstances.