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SCENARIO Please use the following to answer the next question; Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department of Defense and other U.S. federal agencies Jane's manager, Patrick, is a French citizen who has been living in California for over a decade. Patrick has recently begun to suspect that Jane is an insider secretly transmitting trade secrets to foreign intelligence. Unbeknownst to Patrick, the FBI has already received a hint from anonymous whistleblower, and jointly with the National Secunty Agency is investigating Jane's possible implication in a sophisticated foreign espionage campaign Ever since the pandemic. Jane has been working from home. To complete her daily tasks she uses her corporate laptop, which after each togin conspicuously provides notice that the equipment belongs to Jones Labs and may be monitored according to the enacted privacy policy and employment handbook Jane also has a corporate mobile phone that she uses strictly for business, the terms of which are defined in her employment contract and elaborated upon in her employee handbook. Both the privacy policy and the employee handbook are revised annually by a reputable California law firm specializing in privacy law. Jane also has a personal iPhone that she uses for private purposes only. Jones Labs has its primary data center in San Francisco, which is managed internally by Jones Labs engineers The secondary data center, managed by Amazon AWS. is physically located in the UK for disaster recovery purposes. Jones Labs' mobile devices backup is managed by a mid-sized mobile delense company located in Denver, which physically stores the data in Canada to reduce costs. Jones Labs MS Office documents are securely stored in a Microsoft Office 365 data Under Section 702 of F1SA. The NSA may do which of the following without a Foreign Intelligence Surveillance Court warrant?

Question 143 - CIPP-US discussion

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Although an employer may have a strong incentive or legal obligation to monitor employees' conduct or behavior, some excessive monitoring may be considered an intrusion on employees' privacy? Which of the following is the strongest example of excessive monitoring by the employer?

A.

An employer who installs a video monitor in physical locations, such as a warehouse, to ensure employees are performing tasks in a safe manner and environment.

Answers
A.

An employer who installs a video monitor in physical locations, such as a warehouse, to ensure employees are performing tasks in a safe manner and environment.

B.

An employer who installs data loss prevention software on all employee computers to limit transmission of confidential company information.

Answers
B.

An employer who installs data loss prevention software on all employee computers to limit transmission of confidential company information.

C.

An employer who installs video monitors in physical locations, such as a changing room, to reduce the risk of sexual harassment.

Answers
C.

An employer who installs video monitors in physical locations, such as a changing room, to reduce the risk of sexual harassment.

D.

An employer who records all employee phone calls that involve financial transactions with customers completed over the phone.

Answers
D.

An employer who records all employee phone calls that involve financial transactions with customers completed over the phone.

Suggested answer: C

Explanation:

The strongest example of excessive monitoring by the employer is C. An employer who installs video monitors in physical locations, such as a changing room, to reduce the risk of sexual harassment. This would be considered an unreasonable invasion of employees' privacy, as it would violate their legitimate expectation of privacy in a place where they change their clothes. Such monitoring would also likely violate the Electronic Communications Privacy Act (ECPA), which prohibits the interception of oral communications without consent or authorization. Moreover, such monitoring would not be justified by a legitimate business interest, as there are less intrusive ways to prevent or address sexual harassment, such as policies, training, and reporting mechanisms.Reference:

[IAPP CIPP/US Study Guide], Chapter 4: Workplace Privacy, pp. 109-110.

IAPP CIPP/US Body of Knowledge, Section IV: Workplace Privacy, Subsection A: Employee Privacy Expectations, Topic 1: Employee Monitoring.

IAPP CIPP/US Practice Questions, Question 134.

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asked 22/11/2024
shylashri selvamani
46 questions
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