CSP Legal & Ethical Surveillance Practices 2 — Questions and Answers
Question 1: Under the Electronic Communications Privacy Act (ECPA), which type of communication is afforded the LEAST protection from interception?
- Wire communications
- Electronic communications
- Oral communications
- Radio communications transmitted without encryption (Correct answer)
Correct answer: Radio communications transmitted without encryption
Unencrypted radio communications are explicitly excluded from ECPA's strongest protections because they are considered publicly accessible.
Question 2: A CSP is asked to conduct covert video surveillance in an employee lounge. Which legal principle most directly applies to whether this is permissible?
- The reasonable expectation of privacy doctrine (Correct answer)
- The plain view doctrine
- The fruit of the poisonous tree doctrine
- The exclusionary rule
Correct answer: The reasonable expectation of privacy doctrine
The reasonable expectation of privacy doctrine determines whether individuals have a protected privacy interest in areas like break rooms and lounges.
Question 3: Which federal agency has primary enforcement authority over workplace privacy violations involving electronic surveillance of employees?
- Federal Trade Commission (FTC)
- National Labor Relations Board (NLRB) (Correct answer)
- Department of Labor (DOL)
- Equal Employment Opportunity Commission (EEOC)
Correct answer: National Labor Relations Board (NLRB)
The NLRB has jurisdiction over workplace surveillance policies that may interfere with employees' rights to organize and engage in protected concerted activity.
Question 4: When a surveillance professional discovers evidence of criminal activity unrelated to the original surveillance objective, this situation is best described as:
- Scope creep
- Incidental collection (Correct answer)
- Mission drift
- Parallel construction
Correct answer: Incidental collection
Incidental collection refers to capturing information beyond the intended surveillance target, which requires specific handling protocols and legal review.
Question 5: Which of the following best describes the 'minimization' requirement in federal wiretapping law?
- Reducing the duration of any single surveillance session
- Limiting interception to communications relevant to the authorized criminal investigation (Correct answer)
- Using the smallest possible surveillance equipment
- Minimizing the number of personnel with access to surveillance data
Correct answer: Limiting interception to communications relevant to the authorized criminal investigation
Minimization requires agents to cease monitoring communications that are clearly unrelated to the criminal investigation being investigated.
Question 6: A private investigator conducting insurance fraud surveillance photographs a subject in a public park. The subject later sues for invasion of privacy. The STRONGEST defense is:
- The subject was not notified of surveillance
- The photographs were taken in a public place where no reasonable expectation of privacy exists (Correct answer)
- The investigator had a client authorization letter
- The photographs were not published publicly
Correct answer: The photographs were taken in a public place where no reasonable expectation of privacy exists
Activities conducted in plain view in public spaces generally carry no reasonable expectation of privacy, making such photography legally permissible.
Question 7: Under GDPR principles that influence U.S. corporate surveillance practices, 'data minimization' means:
- Encrypting all collected surveillance data
- Collecting only the data necessary for the specified legitimate purpose (Correct answer)
- Deleting data after 30 days
- Limiting access to data to senior management only
Correct answer: Collecting only the data necessary for the specified legitimate purpose
Data minimization is the principle that organizations should collect only what is adequate, relevant, and limited to what is necessary for their stated purpose.
CSP Legal & Ethical Surveillance Practices 2
Under the Electronic Communications Privacy Act (ECPA), which type of communication is afforded the LEAST protection from interception?