CIPP/US: Certified Information Privacy Professional/United StatesDemo

By IAPP · Question Mode

QuestionQ143

Government and Court Access to Private-sector Information

Which of the following situations would be most likely to violate the Fourth Amendment to the U.S. Constitution regarding contact tracing?

  • 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.
Explanation

The Fourth Amendment protects against unreasonable government searches and seizures. Automatically installing a contact-tracing app on a person’s phone and collecting data without consent is government surveillance and is most likely to be unreasonable. Voluntary consent can waive Fourth Amendment protections, while purely private employer conduct generally is not governed by the Fourth Amendment.

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