Individual Rights During Examinarions

Question 1

All the following may restrict the way in which employers can conduct interviews EXCEPT:

A. The common law
B. Equity and trust law
C. Laws protecting labor rights
D. Employment contracts

Answer 1

B. Equity and trust law

Question 2

Which of the following statements regarding the General Data Protection Regulation (GDPR) is MOST ACCURATE?

A. An organization must immediately notify all data subjects affected by a data breach, regardless of the breach’s severity.
B. An organization must have a documented lawful basis for collecting or processing personal data.
C. An organization is not required to confirm or deny its possession of a data subject’s personal data, even upon request.
D. An organization must always delete a data subject’s personal information upon that individual’s request.

Answer 2

B. An organization must have a documented lawful basis for collecting or processing personal data.

Question 3

Namita, a Certified Fraud Examiner (CFE), works for Electric Avenue Manufacturing, a private company that operates in a jurisdiction with civil laws for defamation, invasion of privacy, and conflict of interest. Namita searched the purse of Harriet, one of Electric Avenue’s employees. If Harriet had a reasonable expectation of privacy in the purse and Namita conducted the search without a legitimate interest or authority, under which of the following claims would Harriet MOST LIKELY be able to recover damages against Namita?

A. Libel
B. Intrusion into Harriet’s private matters
C. Slander
D. Conflict of interest

Answer 3

B. Intrusion into Harriet’s private matters

Question 4

Sanctions for violating the common law duty to preserve information relevant to anticipated or existing litigation can only arise from intentional acts, NOT from negligent acts.

A. True
B. False

Answer 4

False

Question 5

Under the European Union’s (EU) General Data Protection Regulation (GDPR), organizations are NOT required to obtain the consent of data subjects before collecting or processing their personal information.

A. True
B. False

Answer 5

False

Question 6

To determine whether authorization (e.g., a search warrant) by a judicial officer or other sanctioned official is required to conduct a search in a jurisdiction with laws granting people the right to be free from unreasonable search and seizure by authorities, it is necessary to first determine whether _____________ is/are involved in the search.

A. Criminal activity
B. Probable cause
C. Government authorities
D. Investigative suspicions

Answer 6

C. Government authorities

Question 7

Abel is an auditor who works for XYZ, a private company. Abel suspects that Beta, an employee for XYZ, has embezzled money from XYZ. Abel plans to conduct an internal investigation into the missing funds, and during the investigation, Abel plans to interview Beta. Based on these facts, which of the following is the MOST ACCURATE statement?

A. Beta likely has a duty to cooperate with the investigation as part of the employer-employee relationship.
B. XYZ cannot fire Beta for refusing to participate in the interview because of whistleblower protections.
C. Before interviewing Beta, Abel must inform Beta of the right to remain silent.
D. Beta has the right to have an attorney present at any interview conducted by Abel.

Answer 7

A. Beta likely has a duty to cooperate with the investigation as part of the employer-employee relationship.

Question 8

Which of the following could result in sanctions for violating the common law duty to preserve evidence relevant to anticipated litigation?

A. Failing to suspend routine destruction of electronic data relevant to a lawsuit
B. Accidentally erasing a digital image relevant to a lawsuit
C. Accidentally shredding documents relevant to a lawsuit
D. All of the above

Answer 8

D. All of the above

Question 9

Smith, a Certified Fraud Examiner (CFE), works for ABC Company, a private company. One day, a manager at ABC asks Smith to search the personal belongings of Green, an employee of ABC Company, for evidence of securities fraud. Smith seizes and searches Green’s personal tablet computer. Assuming that these facts occur in a jurisdiction in which the public has the constitutional right to be free from unreasonable search and seizure by government authorities, which of the following is the MOST ACCURATE statement regarding Green’s rights?

A. Green’s right to be free from unreasonable search and seizure by government authorities was violated because Smith was required to obtain a search warrant before conducting the search.
B. The search did not violate Green’s right to be free from unreasonable search and seizure by government authorities because such rights do not apply to searches in the workplace.
C. The search did not violate Green’s right to be free from unreasonable search and seizure by government authorities because ABC Company is not a government authority.
D. Green’s right to be free from unreasonable search and seizure by government authorities was likely violated because private companies can be considered government authorities.

Answer 9

C. The search did not violate Green’s right to be free from unreasonable search and seizure by government authorities because ABC Company is not a government authority.

Question 10

In jurisdictions that recognize the civil wrongs constituting invasion of privacy, the civil wrong regarding intrusion into an individual’s private matters occurs when one party makes public statements about another party’s private life that are not of public concern.

A. True
B. False

Answer 10

False

Question 11

Which of the following can affect the rights that employees may have during an internal investigation?

A. The existence of a collective bargaining agreement
B. The existence of an employment contract
C. The existence of a union contract
D. All of the above

Answer 11

D. All of the above

Question 12

To recover for a claim of false imprisonment, a plaintiff must show that the defendant knew they had no legal right to restrain the plaintiff’s physical liberty.

A. True
B. False

Answer 12

False

Question 13

Which of the following is a common law invasion of privacy civil wrong that occurs when an individual intentionally encroaches into an area where another individual has a reasonable expectation of privacy and the encroachment would be highly offensive or objectionable to a reasonable person?

A. Slander
B. Infliction of emotional distress
C. Intrusion into an individual’s private matters
D. Public disclosure of private facts

Answer 13

C. Intrusion into an individual’s private matters

Question 14

Lyn is an employee who works in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following items is Lyn LEAST LIKELY to have a reasonable expectation of privacy?

A. A purse that is stored in the employee’s cubicle
B. A company-issued desktop or laptop computer
C. An employee-owned tablet brought to the office from home
D. A personal planner kept in the employee’s desk drawer

Answer 14

B. A company-issued desktop or laptop computer

Question 15

The key issue to consider when assessing the existence of a reasonable expectation of privacy is whether a reasonable person would expect the area or item to be free from intrusion.

A. True
B. False

Answer 15

True

Question 16

In the context of an employee interview, all the following actions could result in liability for false imprisonment EXCEPT:

A. Locking the door to an interview room
B. Telling the interviewee that they are required to answer questions
C. Standing in front of an exit to an interview room
D. Telling the interviewee that they may not leave the room

Answer 16

B. Telling the interviewee that they are required to answer questions

Question 17

Black, a Certified Fraud Examiner (CFE), interviews Green, a fraud suspect. No one else is present at the interview. During the interview, Black accuses Green of committing fraud. Later, it turns out that Green is innocent. Green can sue and recover damages from Black on a claim of defamation if Green can show that Black knowingly made the false statement on an unprivileged occasion and that the statement caused economic harm.

A. True
B. False

Answer 17

False

Question 18

Which of the following is a basic exception for the requirement that a police officer must obtain a search warrant before conducting a search of a person, location, or vehicle for evidence of a crime?

A. Searches where there is “reasonable belief” in the suspect’s guilt
B. Searches conducted pursuant to a valid, voluntary consent
C. Searches when a confession has been made
D. Searches where there is circumstantial proof that the suspect is guilty

Answer 18

B. Searches conducted pursuant to a valid, voluntary consent

Question 19

Which of the following statements about an employee monitoring program is MOST ACCURATE?

A. Most countries require employers to give employees notice before implementing an employee monitoring program.
B. Employers are always required to give employees notice and obtain their consent before implementing an employee monitoring program.
C. Most countries permit employers to implement a covert employee monitoring program without first notifying their employees.
D. Employers are always required to obtain employee consent before implementing an employee monitoring program.
Submit

Answer 19

A. Most countries require employers to give employees notice before implementing an employee monitoring program.

Question 20

Which of the following is NOT a legal element that a plaintiff must prove to recover for defamation?

A. The statement was printed and distributed.
B. The statement was communicated (published) to third parties.
C. The statement damaged the subject’s reputation.
D. The defendant made an untrue statement of fact.

Answer 20

A. The statement was printed and distributed.

Question 21

White, a Certified Fraud Examiner (CFE), believes that Blue, a fraud suspect, is guilty of embezzlement. White shares this theory with a supervisor. Blue later turns out to be innocent. Blue can sue and probably recover from White on a theory of defamation.

A. True
B. False

Answer 21

False

Question 22

Which of the following must a plaintiff show to recover for a claim of false imprisonment?

A. The defendant knew their conduct was illegal.
B. The defendant was a law enforcement officer.
C. The defendant was not protected under the qualified business privilege.
D. The defendant restrained the plaintiff without consent or legal justification.

Answer 22

D. The defendant restrained the plaintiff without consent or legal justification.

Question 23

Which of the following is the MOST ACCURATE description of the civil wrong of public disclosure of private facts?

A. An individual intentionally intrudes into an area where another individual has a reasonable expectation of privacy.
B. An individual makes an unprivileged oral publication of a false statement about a person that causes harm to that person’s reputation.
C. One party makes public statements about another party’s private life that are not of public concern.
D. An individual makes an unprivileged publication of a false statement in writing about a person that causes harm to that person’s reputation.

Answer 23

C. One party makes public statements about another party’s private life that are not of public concern.

Question 24

Which of the following is an element that a plaintiff generally must prove to recover damages for a claim alleging the common law civil wrong for intentional infliction of emotional distress?

A. The defendant engaged in extreme and outrageous conduct
B. The plaintiff was employed by the defendant
C. The plaintiff suffered distress that occurred for at least two years
D. All of the above

Answer 24

A. The defendant engaged in extreme and outrageous conduct

Question 25

An employee is more likely to have a reasonable expectation of privacy in an item or area if they have exclusive control over it.

A. True
B. False

Answer 25

True

Question 26

Which of the following is the civil wrong that occurs when one party makes public statements about another party’s private life that are not of public concern?

A. Public disclosure of private facts
B. Intrusion into an individual’s private matters
C. Injury to an individual’s reputation
D. None of the above

Answer 26

A. Public disclosure of private facts

Question 27

Nearly every country prohibits ________ employee monitoring unless a specific criminal activity has been identified.

A. Digital
B. Ongoing
C. Covert
D. Remote

Answer 27

C. Covert

Question 28

If employees have a duty to cooperate during an internal investigation as part of the employer-employee relationship, the duty exists if what is requested from them is reasonable.

A. True
B. False

Answer 28

True

Question 29

All the following are basic options by which organizations can legitimize cross-border transfers of personal information EXCEPT:

A. Obtain approval from a Certified Information Privacy Professional (CIPP).
B. Obtain the consent of the data subject.
C. Establish a contract between the entities that are exchanging the information.
D. Rely on adequacy decisions (if transmitting from the European Union).

Answer 29

A. Obtain approval from a Certified Information Privacy Professional (CIPP).

Question 30

Abel, a fraud examiner, interviewed Beta, a fraud suspect. No other people were present at the interview. During the interview, Abel accused Beta of committing fraud. This accusation later turned out to be erroneous, and Beta sued Abel for damages. Under these facts, which of the following statements is CORRECT?

A. If Beta sued Abel for libel, Beta would not recover damages because Abel believed the accusation to be true.
B. If Beta sued Abel for slander, Beta would not recover damages because Abel did not publish the accusation to a third party.
C. If Beta sued Abel for defamation, Beta would recover damages because Abel made an untrue statement of fact on an unprivileged occasion.
D. If Beta sued Abel for defamation, Beta would recover damages because Abel made public statements about Beta’s private life on an unprivileged occasion.

Answer 30

B. If Beta sued Abel for slander, Beta would not recover damages because Abel did not publish the accusation to a third party.

Question 31

Shaina, a Certified Fraud Examiner (CFE), interviews Brock, a fraud suspect. Shaina, Brock, and Brock’s supervisor are present in the interview during which Shaina accuses Brock of cheating on his spouse with a coworker. Later, Brock, angry that Shaina revealed the unflattering (but true) information about the affair to his supervisor, files a claim of defamation against Shaina. Brock’s claim is likely to succeed.

A. True
B. False

Answer 31

False

Question 32

The European Union’s (EU) General Data Protection Regulation (GDPR) generally requires an organization to notify all affected data subjects without undue delay if a data breach is likely to result in a high risk to their rights and freedoms.

A. True
B. False

Answer 32

True

Question 33

In common law jurisdictions with civil laws for defamation and invasion of privacy, under which cause of action can an investigator be held liable for a TRUE statement made about a suspect?

A. Public disclosure of private facts
B. Intrusion upon seclusion
C. Slander
D. Defamation

Answer 33

A. Public disclosure of private facts

Question 34

Which of the following statements about the consent exception to the requirement that government agents must obtain a warrant before conducting a search for evidence of a crime is INCORRECT?

A. To be valid, an individual’s consent to a search by government agents must be voluntary.
B. Even if obtained by bribery or force, consent to search constitutes a valid waiver of the person’s right to be free from unreasonable searches.
C. Government agents do not need a warrant to perform a search if a person with proper authority consents to the search.
D. Generally, government agents do not have to warn subjects that they have a right to refuse to consent to a search.

Answer 34

B. Even if obtained by bribery or force, consent to search constitutes a valid waiver of the person’s right to be free from unreasonable searches.

Question 35

If a person consents to a search by a government officer, but the consent is obtained by force, duress, or bribery, then the consent will NOT constitute a valid waiver of the person’s right to be free from unreasonable searches.

A. True
B. False

Answer 35

True

Question 36

Blue, a Certified Fraud Examiner (CFE), conducted an investigation of Brown, a fraud suspect. Brown became so upset at being investigated that he sued Blue for the common law civil wrong of intentional infliction of emotional distress. For Brown to prevail, he must show that:

A. Blue acted intentionally or recklessly
B. Blue engaged in extreme and outrageous conduct
C. Brown suffered severe distress due to Blue’s conduct
D. All of the above

Answer 36

D. All of the above

Question 37

If, in a country with comprehensive whistleblower protection laws, an employee qualifies as a whistleblower for reporting unlawful conduct by their employer, then the employer cannot terminate the whistleblowing employee for any reason, including their engagement in an unrelated fraud.

A. True
B. False

Answer 37

False

Question 38

Which of the following is NOT one of the three options by which organizations can legitimize cross-border transfers of personal information?

A. Get the consent of the data subject.
B. Establish a contract between the entities that are exchanging the information.
C. Rely on adequacy decisions (if transmitting from the European Union).
D. Obtain a warrant that grants permission to transfer the data.

Answer 38

D. Obtain a warrant that grants permission to transfer the data.

Question 39

Bertha is the lead suspect in an ongoing civil investigation in a common law jurisdiction that will likely result in litigation. Before any litigation occurs, Bertha loses original documents that are key to the investigation. Which of the following statements is CORRECT?

A. Bertha did not violate her duty to preserve relevant information because no litigation was pending when she lost the documents
B. Bertha violated her duty to preserve relevant information only if the opposing party loses its case because she lost the documents
C. Bertha likely violated her duty to preserve relevant information because she lost evidence valuable to anticipated litigation
D. None of the above

Answer 39

C. Bertha likely violated her duty to preserve relevant information because she lost evidence valuable to anticipated litigation

Question 40

If an employer is investigating an employee who is a member of a union, then the union contract might contain certain clauses that restrict the employer’s investigatory procedures.

A. True
B. False

Answer 40

True