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Exam CIPP-US topic 1 question 65 discussion

Actual exam question from IAPP's CIPP-US
Question #: 65
Topic #: 1
[All CIPP-US Questions]

What is an exception to the Electronic Communications Privacy Act of 1986 ban on interception of wire, oral and electronic communications?

  • A. Where one of the parties has given consent
  • B. Where state law permits such interception
  • C. If an organization intercepts an employee’s purely personal call
  • D. Only if all parties have given consent
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Suggested Answer: A 🗳️

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impchoi
Highly Voted 1 year, 11 months ago
Selected Answer: A
The prohibition on interception has a number of exceptions, each of which may have its own nuances requiring an expert to analyze. Under federal law, interception is permitted if a person is the party to the call or if one of the parties has given consent.69
upvoted 6 times
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Bhimesh
Most Recent 7 months, 2 weeks ago
Selected Answer: A
There are a few important categories of exceptions to the Electronic Communications Privacy Act of 1986 - Title 1 Wiretap Act: 1) The law provides an exception for communications service providers who unavoidably overhear some oral communications in the normal course of business. 2) Legal eavesdropping by the government is permitted as authorized by appropriate laws, such as the Foreign Intelligence Surveillance Act (FISA), discussed later in this chapter. 3) Law enforcement may also intercept communications with appropriate court orders, such as a warrant. 4) “Communications may be intercepted or recorded with the consent of only one party in the communication”.
upvoted 2 times
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jjjrbm
1 year ago
answer is A
upvoted 1 times
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mojotheamazing
1 year, 1 month ago
https://wyattfirm.com/the-electronic-communications-privacy-act-of-1986-tracking-the-productivity-of-work-from-home-employees/ "In other words, monitoring must be relevant to the business, recurring, and the employee must know about it." Here it is personal and there is no indication that the employee knew.
upvoted 1 times
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Egofskam
1 year, 6 months ago
It is A - If one of the persons involved in the communication being intercepted has consented to the interception, it is not unlawful (i.e., the one-party consent rule). See 18 U.S.C. § 2511(2)(c)-(d).
upvoted 1 times
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Privaceeeeee9876
1 year, 6 months ago
Answer should be A
upvoted 1 times
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Supp2023
1 year, 7 months ago
In my opinion, C is the right answer. The question is asking what is an exception to the wiretap act, and interception of employee calls in a workplace is not subject to wiretap act.
upvoted 2 times
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B (20%)
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