Certified Information Privacy Professional – United States (CIPP/US) — Question 174

Which of the following scenarios would be most likely to violate the Fourth Amendment of the U.S. Constitution with regard to contact tracing?

Answer options

• A. A private employer conducting a voluntary contact-tracing program with its employees.
• B. An employer asking employees if they have been diagnosed with or tested for COVID-19 before allowing them to physically enter the workplace.
• C. A government program that installs a contact-tracing app on an individual's phone and collects data after providing notice and obtaining the individual’s consent.
• D. A government program that automatically installs a contact-tracing app on an individual's phone and collects data without obtaining the individual’s consent.

Correct answer: D

Explanation

Answer D is correct because it describes a scenario where a government program installs a contact-tracing app without the individual's consent, directly violating their Fourth Amendment rights against unreasonable searches. In contrast, options A, B, and C involve voluntary participation or consent, which do not constitute a violation of the Fourth Amendment.