CIPP/US Workplace Privacy & Employee Monitoring

Question 1

Under the Electronic Communications Privacy Act (ECPA), which exception most commonly allows employers to monitor employee email on company systems?

Accepted Answer

The business extension exception

Answer

The law enforcement exception

Answer

The prior consent exception

Answer

The national security exception

Question 2

An employer wants to conduct pre-employment background checks. Under the Fair Credit Reporting Act (FCRA), what must the employer provide to the applicant before taking adverse action based on the report?

Accepted Answer

A pre-adverse action notice and a copy of the report

Answer

Only a final adverse action notice

Answer

A written explanation without the report

Answer

No notice is required for employment purposes

Question 3

Which of the following best describes the general legal standard for employee privacy expectations in the workplace?

Accepted Answer

Employees have a diminished expectation of privacy compared to the general public

Answer

Employees retain full Fourth Amendment protections in private workplaces

Answer

Employers may never monitor employee communications without a court order

Answer

Employees and employers share equal privacy rights in the workplace

Question 4

A company implements keystroke logging software on all employee computers. What is the most important step the company should take to limit privacy risk?

Accepted Answer

Provide clear notice to employees through an acceptable use policy

Answer

Obtain a court order before deploying the software

Answer

Limit monitoring to only remote workers

Answer

Encrypt all logged keystrokes and never review them

Question 5

Under the ADA (Americans with Disabilities Act), when may an employer require a medical examination of a current employee?

Accepted Answer

Only when it is job-related and consistent with business necessity

Answer

At any time as part of annual performance reviews

Answer

Whenever the employer suspects drug or alcohol use

Answer

Only after the employee has been employed for at least one year

Question 6

Which federal law primarily governs the privacy of employee polygraph testing in the private sector?

Accepted Answer

The Employee Polygraph Protection Act (EPPA)

Answer

The Fair Labor Standards Act (FLSA)

Answer

The National Labor Relations Act (NLRA)

Answer

The Privacy Act of 1974

Question 7

An employer in California wants to monitor employee social media accounts. Which California law most directly addresses this practice?

Accepted Answer

California Labor Code Section 980, which prohibits employers from demanding access to personal social media accounts

Answer

The California Consumer Privacy Act (CCPA), which treats employee social media as personal data

Answer

The California Confidentiality of Medical Information Act (CMIA)

Answer

California's unfair business practices statute under Business & Professions Code Section 17200