Certified Information Privacy Professional – Europe (CIPP/E) — Question 274
SCENARIO -
Please use the following to answer the next question:
Gentle Hedgehog Inc. is a privately owned website design agency incorporated in Italy. The company has numerous remote workers in different EU countries. Recently, the management of Gentle Hedgehog noticed a decrease in productivity of their sales team, especially among remote workers. As a result, the company plans to implement a robust but privacy-friendly remote surveillance system to prevent absenteeism, reward top performers, and ensure the best quality of customer service when sales people are interacting with customers.
Gentle Hedgehog eventually hires Sauron Eye Inc., a Chinese vendor of employee surveillance software whose European headquarters is in Germany. Sauron Eye s software provides powerful remote-monitoring capabilities, including 24/7 access to computer cameras and microphones, screen captures, emails, website history, and keystrokes. Any device can be remotely monitored from a central server that is securely installed at Gentle Hedgehog headquarters. The monitoring is invisible by default; however, a so-called Transparent Mode, which regularly and conspicuously notifies all users about the monitoring and its precise scope, also exists. Additionally, the monitored employees are required to use a built-in verification technology involving facial recognition each time they log in.
All monitoring data, including the facial recognition data, is securely stored in Microsoft Azure cloud servers operated by Sauron Eye, which are physically located in France.
What monitoring may be lawfully performed within the scope of Gentle Hedgehog’s business?
Answer options
- A. Everything offered by Sauron Eye's software with the exception of camera and microphone monitoring.
- B. Everything offered by Sauron Eye's software, assuming employees provide daily consent to the monitoring.
- C. Only video calls conducted during business hours and emails that do not contain a “private” or “personal” tag.
- D. Only emails, website browsing history and camera for internal video calls that are expressly marked as monitored.
Correct answer: D
Explanation
The correct answer is D because it specifies the limitations on monitoring that align with privacy regulations, focusing on emails, browsing history, and explicitly marked video calls. Options A and B are incorrect as they imply broader monitoring capabilities that may violate privacy laws. Option C does not encompass the necessary scope of monitoring allowed under the current legal framework.