QuestionQ61

Workplace Privacy

A financial-services company installs “bossware” on employees’ remote computers to monitor their performance. The software records screenshots, mouse movements, and keystrokes to assess whether an employee is productive. It can also activate the computers’ webcams to capture video footage.

Which option would best support an employee’s claim for the tort of intrusion upon seclusion?

  • 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.
Explanation

Intrusion upon seclusion protects against intentional, highly offensive invasions of a person’s private space or affairs. Enabling a webcam whenever the computer is on can continuously record an employee in a private home environment, including personal activities unrelated to work, and is therefore the most substantial invasion of seclusion.

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