Certified Information Privacy Professional – United States (CIPP/US) — Question 88

A financial services company install "bossware" software on its employees' remote computers to monitor performance. The software logs screenshots, mouse movements, and keystrokes to determine whether an employee is being productive. The software can also enable the computer webcams to record video footage.

Which of the following would best support an employee claim for an intrusion upon seclusion tort?

Answer options

• A. The webcam is enabled to record video any time the computer is turned on.
• B. The company creates and saves a biometric template for each employee based upon keystroke dynamics.
• C. The software automatically sends a notification to a supervisor any time the employee's mouse is dormant for more than five minutes.
• D. The webcam records video of an employee using a company laptop to perform personal business while at a coffee shop during work hours.

Correct answer: A

Explanation

The correct answer is A because enabling the webcam to record at all times constitutes a significant invasion of privacy, supporting a claim for intrusion upon seclusion. Options B and C involve data collection but do not directly infringe on privacy in the same way, and option D may not support a claim as it occurs during personal use, which could be seen as a lesser invasion.