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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 145 - CIPP-US discussion

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SCENARIO

Please use the following to answer the next QUESTION

Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend Celeste open a jewelry store in California. Felicia, despite being excited at the prospect, has a number of security concerns, and has only grudgingly accepted the need to hire other employees. In order to guard against the loss of valuable merchandise, Felicia wants to carefully screen applicants. With their permission, Felicia would like to run credit checks, administer polygraph tests, and scrutinize videos of interviews. She intends to read applicants' postings on social media, ask QUESTION NO:s about drug addiction, and solicit character references. Felicia believes that if potential employees are serious about becoming part of a dynamic new business, they will readily agree to these requirements.

Felicia is also in favor of strict employee oversight. In addition to protecting the inventory, she wants to prevent mistakes during transactions, which will require video monitoring. She also wants to regularly check the company vehicle's GPS for locations visited by employees. She also believes that employees who use their own devices for work-related purposes should agree to a certain amount of supervision.

Given her high standards, Felicia is skeptical about the proposed location of the store. She has been told that many types of background checks are not allowed under California law. Her friend Celeste thinks these worries are unfounded, as long as applicants verbally agree to the checks and are offered access to the results. Nor does Celeste share Felicia's concern about state breach notification laws, which, she claims, would be costly to implement even on a minor scale. Celeste believes that even if the business grows a customer database of a few thousand, it's unlikely that a state agency would hassle an honest business if an accidental security incident were to occur.

In any case, Celeste feels that all they need is common sense -- like remembering to tear up sensitive documents before throwing them in the recycling bin. Felicia hopes that she's right, and that all of her concerns will be put to rest next month when their new business consultant (who is also a privacy professional) arrives from North Carolina.

Regarding credit checks of potential employees, Celeste has a misconception regarding what?

A.

Consent requirements.

Answers
A.

Consent requirements.

B.

Disclosure requirements.

Answers
B.

Disclosure requirements.

C.

Employment-at-will rules.

Answers
C.

Employment-at-will rules.

D.

Records retention policies

Answers
D.

Records retention policies

Suggested answer: A

Explanation:

Celeste has a misconception regarding the consent requirements for conducting credit checks of potential employees in California. She thinks that verbal consent from the applicants is sufficient, and that they only need to be offered access to the results.However, under the California Consumer Credit Reporting Agencies Act (CCRAA), employers who want to obtain a consumer credit report for employment purposes must comply with the following consent and disclosure requirements12: Before requesting a consumer credit report, the employer must provide the applicant with a clear and conspicuous written disclosure that informs them of the following: The specific purpose for obtaining the report. The source of the report. The applicant's right to obtain a free copy of the report from the source within 60 days. The applicant's right to dispute the accuracy or completeness of any information in the report. The employer must also obtain the applicant's written authorization to obtain the report. If the employer intends to take an adverse action based on the report, such as denying employment, the employer must provide the applicant with a copy of the report and a summary of their rights under the CCRAA before taking the action. After taking the adverse action, the employer must provide the applicant with a notice that includes the following: The name, address, and telephone number of the source of the report. A statement that the source of the report did not make the decision and cannot explain why the decision was made. A statement that the applicant has the right to obtain another free copy of the report from the source within 60 days. A statement that the applicant has the right to dispute the accuracy or completeness of any information in the report. Therefore, Celeste is wrong to assume that verbal consent and optional access to the results are enough to comply with the CCRAA. She should follow the written consent and disclosure requirements to avoid violating the law and potentially facing civil penalties or lawsuits.

asked 22/11/2024
Cheikh Ndiaye
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