CIPP / US - Workplace privacy

Question 1

Under the Fair and Accurate Credit Transactions Act (FACTA), communications related to an employee investigation that are not considered a consumer report are:

Answer 1

1. The communication is made to an employers in connection with the investigation of (a) suspected misconduct related to employment, or (b) compliance with federal, state, or local laws and/ or regulations the rule of a self-regulatory organization, or any preexisting written employment policies
2. The communication is not made for the purpose of investigating a consumer’s creditworthiness, credit standing or credit capacity and does not include information pertaining to those factors
3. The communication is not provided to any person except: (a) the employer or agent of the employer; (b) a federal or state officer, agency, or department of a unit of general local government; (c) a self-regulating organization with authority over the activities of the employer or employee; (d) as otherwise required by law; (e) pursuant to 15 USC Sec 168

Question 2

Under the FCRA, when can an employer obtain a consumer report or an investigative consumer report?

Answer 2

When there is a permissible purpose

Permissible purpose:

1. reemployment screening for the purpose of evaluating the candidate for employment, and
2. Determining if an existing employee qualifies for promotion, reassignment, or retention

Question 3

What federal laws with employment privacy implications regulate benefits related information?

Answer 3

1. HIPAA
2. COBRA
3. ERISA
4. FMLA (Family Medical Leave Act)

Question 4

What is an investigative consumer report?

Answer 4

A report in which some of the information is acquired through the interviews with neighbors, friends, associates or acquaintances of the employee, such as reference checks

Question 5

What federal laws with employment privacy implications regulate data collection and record keeping?

Answer 5

1. FCRA
2. FLSA
3. OHSA
4. Whistleblower Law Protection Act
5. NLRA
6. California Investigative Consumer Reporting Act (ICRA)
7. Securities Exchange Act of 1934

Question 6

The FTC and CFPB regulate . . .

Answer 6

unfair and deceptive trade practices

Question 7

Which federal agencies protect employee privacy?

Answer 7

1. DOL
2. EEOC
3. FTC
4. CFPB
5. NLRB

Question 8

The NLRB conducts . . .

Answer 8

elections and investigates and remedies unfair labor practices

Question 9

What must employers do under the ICRAA?

Answer 9

1. Notify applicants and employers of their intention to obtain and use a consumer report
2. Once disclosure is made, the employer must obtain the applicant or employee’s written authorization prior to requesting the report
3. On the notice and authorization form, employers must enable applicants and employees to check a box to receive a copy of their consumer report at any time a background check is conducted
4. If employers wish to take adverse employment action, they must provide the employee with a copy of the report, regardless of whether the employee waived the right to receive a copy

Question 10

What are some reasons for monitoring the workplace?

Answer 10

1. Follow workplace safety and other laws that require or encourage monitoring
2. Protect physical security (such as video cameras near entrances) and cybersecurity (such as activity on computer systems)
3. Protect trade secrets
4. Limit liability for unlicensed transmission of copyrighted material and other confidential company information
5. Try to keep employees on task rather than spending time on personal business, such as surfing the web

Question 11

What are the roles and responsibilities of the Federal Communications Commission (FCC)?

Answer 11

Places significant compliance regulations on and governs the communications industry, such as television, radio, and telemarketing and more recently, with recently with online marketing developing such as laws as the Telemarketing Sales Rule and Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN-SPAM)

Along with the FTC, the FCC, the FCC also enforces privacy laws

Question 12

Under the TCPA when is interception of employee communications permitted?

Answer 12

1. If a person is a party to a call or where one of the parties has given consent
2. The interception is done in the ordinary course of business

Question 13

What standards must an employer meet in order to obtain a consumer report?

Answer 13

1. Provide written notice to the applicant that is obtaining a consumer report for employment purposes will be obtained
2. Obtain written consent from the applicant
3. Obtain Datta only from a qualified consumer reporting agency, an entity that has taken steps to assure the accuracy and currency of the data
4. Certify to the CRA agency that the employer has a permissible purpose and has obtained consent from the employee
5. Before taking an adverse action, such as denial of employment, provide a pre-adverse action notice to the applicant with a copy of the consumer report, in order to give the applicant an opportunity to dispute the report
6. After taking adverse action, provide an adverse action notice

Question 14

What federal laws with employment privacy implications regulate monitoring practices?

Answer 14

1. Employee Polygraph Protection of 1988
2. Wiretap Act
3. Electronic Communications Privacy
4. SCA

Question 15

What are the three relevant torts to employee privacy?

Answer 15

1. Intrusion upon seclusion
2. Publicity given to private life
3. Defamation

Question 16

The EEOC prevents

Answer 16

Discrimination in the workplace

Question 17

Intrusion upon seclusion

Answer 17

One who intentionally intrudes, physically, or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy if the intrusion would be highly offensive to a reasonable person

Question 18

What exceptions are there to the EPPA?

Answer 18

The EPPA has exceptions for certain occupations such as government employees. etc.

Question 19

Does the FCRA preempt states from creating laws in the area of employment credit history checks?

Answer 19

No

Question 20

When may a company require a medical examination after an offer of employment, and condition the offer on the result of the examination?

Answer 20

If:

1. All entering employees are subject to such an examination regardless of disability
2. Confidentiality rules are followed for the results of the examination
3. The results are used only in accordance with the statutory prohibitions against discrimination on the basis of disability