CPI Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under the Electronic Communications Privacy Act (ECPA), which type of interception requires a court order regardless of whether one party consents?
- Oral communications in a public place
- Wire communications intercepted by a third party without any party's consent (Correct answer)
- Electronic communications stored for more than 180 days
- Radio broadcasts transmitted on public frequencies
Correct answer: Wire communications intercepted by a third party without any party's consent
ECPA prohibits third-party interception of wire communications without a court order, even if one party consents, because the non-consenting parties' rights are violated.
Question 2: An investigator discovers that a subject's personal information was compiled using records from a state motor vehicle database. Which federal law primarily governs the permissible use of that data?
- Fair Credit Reporting Act (FCRA)
- Driver's Privacy Protection Act (DPPA) (Correct answer)
- Freedom of Information Act (FOIA)
- Gramm-Leach-Bliley Act (GLBA)
Correct answer: Driver's Privacy Protection Act (DPPA)
The DPPA restricts the use and disclosure of personal information obtained from state DMV records to specific permissible purposes such as law enforcement and litigation.
Question 3: When conducting a workplace investigation, which of the following best describes the doctrine of respondeat superior?
- An employer may be held liable for an employee's tortious acts committed within the scope of employment (Correct answer)
- A supervisor must personally approve all investigative steps before they are taken
- An employee cannot be disciplined without documented progressive warnings
- The highest-ranking officer bears sole criminal liability for employee misconduct
Correct answer: An employer may be held liable for an employee's tortious acts committed within the scope of employment
Respondeat superior ('let the master answer') holds employers vicariously liable for employees' wrongful acts performed within the scope of their employment.
Question 4: A private investigator in State A is hired to investigate a subject who temporarily resides in State B. Which licensing requirement applies?
- Only the PI's home state license is required anywhere in the country
- The PI must comply with the licensing laws of State B where the investigation is physically conducted (Correct answer)
- A federal private investigator license supersedes all state requirements
- No license is required if the client is a licensed attorney
Correct answer: The PI must comply with the licensing laws of State B where the investigation is physically conducted
PI licensing is state-specific, and investigators must be licensed in the jurisdiction where surveillance or investigation activities are physically performed.
Question 5: Under the Fourth Amendment, the 'reasonable expectation of privacy' standard established in Katz v. United States applies to:
- All private citizens conducting investigations on behalf of employers
- Government actors performing searches and seizures, not private investigators acting independently (Correct answer)
- Any search conducted with the intent to gather evidence for civil litigation
- Corporations investigating their own employees in regulated industries
Correct answer: Government actors performing searches and seizures, not private investigators acting independently
The Fourth Amendment's reasonable expectation of privacy standard restricts government (state) actors, not private individuals or investigators acting without government direction.
Question 6: Which of the following scenarios would most likely constitute 'pretexting' in violation of the Gramm-Leach-Bliley Act?
- Reviewing publicly available court records about a subject
- Calling a bank and impersonating the account holder to obtain financial records (Correct answer)
- Photographing a subject from a public street
- Requesting records via a properly issued civil subpoena
Correct answer: Calling a bank and impersonating the account holder to obtain financial records
GLBA prohibits obtaining customer financial information under false pretenses (pretexting), including impersonating account holders to extract records from financial institutions.
Question 7: A certified investigator is asked to serve as an expert witness. Which statement most accurately describes the Daubert standard for expert testimony?
- Expert testimony is admissible if it was accepted by a majority of prior courts
- The trial judge acts as gatekeeper to ensure expert testimony is based on sufficient facts, reliable methodology, and applicable to the case (Correct answer)
- Any licensed professional may testify as an expert without judicial review of their methodology
- Expert opinion is limited to topics explicitly listed in federal statute
Correct answer: The trial judge acts as gatekeeper to ensure expert testimony is based on sufficient facts, reliable methodology, and applicable to the case
Under Daubert v. Merrell Dow Pharmaceuticals, federal courts require the judge to screen expert testimony for scientific validity, reliable methodology, and relevance before it reaches the jury.
CPI Regulatory Compliance & Legal Framework 2
Under the Electronic Communications Privacy Act (ECPA), which type of interception requires a court order regardless of whether one party consents?