Legal & Ethical Surveillance Practices Flashcards
7 cards from real CSP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Ethical Surveillance Practices flashcards as text
Which of the following scenarios would MOST likely constitute an unlawful interception under federal wiretapping law?
Answer: A spouse using spyware to secretly read their partner's text messages in real time
Secretly intercepting a spouse's real-time text communications without consent or lawful authority violates the federal Wiretap Act regardless of marital status.
The principle of 'accountability' in surveillance ethics requires that:
Answer: Decision-makers who authorize surveillance can be identified and held responsible for its conduct
Accountability means there must be identifiable individuals who bear responsibility for surveillance decisions and can answer for any abuses or errors.
A state law prohibits audio recording without all-party consent. A federal law enforcement agency wants to conduct a wire intercept in that state with a federal court order. Which law governs?
Answer: Federal law and the federal court order supersede the state all-party consent requirement
Federal Title III authority preempts state wiretapping laws when federal law enforcement acts under a valid federal court order pursuant to federal criminal investigations.
An ethical surveillance professional who suspects a client is asking them to conduct illegal surveillance should FIRST:
Answer: Decline the assignment and document the refusal
The professional must immediately decline assignments that appear to require illegal conduct and document the refusal to protect themselves from liability.
Under HIPAA, conducting video surveillance of patients in a hospital's treatment areas would MOST likely:
Answer: Require compliance with HIPAA's privacy rule protections for patient health information captured on video
Video footage capturing identifiable patients in treatment settings constitutes protected health information (PHI) under HIPAA, requiring appropriate safeguards and use limitations.
The 'fruit of the poisonous tree' doctrine most directly affects surveillance professionals when:
Answer: Evidence obtained through an unlawful surveillance act taints all subsequently derived evidence
Under this exclusionary rule doctrine, evidence discovered as a result of an initial illegal search or surveillance may itself be inadmissible in court.
Which of the following best describes the legal concept of 'standing' as it applies to challenging surveillance in court?
Answer: The requirement that a party must have suffered a direct and personal injury from the surveillance to challenge it
Standing requires that the person challenging surveillance show they were directly and personally affected by it — a party cannot challenge surveillance solely conducted against others.