Legal & Ethical Compliance Flashcards

When conducting a pre-employment background investigation, failure to obtain written authorization from the applicant violates which federal law?

Answer: Fair Credit Reporting Act (FCRA)

The FCRA requires written disclosure and authorization before obtaining consumer reports (including background checks) for employment purposes.

A security officer uses physical force to detain a shoplifter beyond what was necessary after the threat was neutralized. This may constitute:

Answer: Excessive force, potentially exposing the officer to civil and criminal liability

Force used beyond what is necessary to control a situation constitutes excessive force, which can result in civil liability and criminal charges.

Which ethical framework focuses on the outcome of actions, judging them as right if they produce the greatest good for the greatest number?

Answer: Utilitarian ethics

Utilitarian ethics evaluates the morality of actions based on their consequences, seeking to maximize overall benefit.

Under the Computer Fraud and Abuse Act (CFAA), unauthorized access to a computer system used in interstate commerce is:

Answer: A federal crime subject to criminal prosecution

The CFAA makes unauthorized access to protected computers a federal criminal offense, regardless of the amount of financial loss in many cases.

A security professional overhears a conversation suggesting an imminent threat of workplace violence. Their primary obligation is to:

Answer: Immediately report the threat to appropriate authorities

Imminent threats of violence must be immediately reported to appropriate authorities to fulfill the duty to warn and prevent harm.

The principle of 'proportionality' in use-of-force policy requires that:

Answer: The level of force used must be appropriate to the level of threat faced

Proportionality requires that the force applied be commensurate with the threat posed, neither insufficient nor excessive.

Which provision of HIPAA directly applies when security personnel access medical information during a workplace incident investigation?

Answer: HIPAA Privacy Rule

The HIPAA Privacy Rule governs who may access protected health information and under what circumstances, directly impacting security investigations.