CIPP-US · Question #119
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
The correct answer is A. The webcam is enabled to record video any time the computer is turned on.. An intrusion upon seclusion tort occurs when someone intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, if the intrusion would be highly offensive to a reasonable person. The intrusion does not need to in
Question
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?
Options
- AThe webcam is enabled to record video any time the computer is turned on.
- BThe company creates and saves a biometric template for each employee based upon keystroke
- CThe software automatically sends a notification to a supervisor any time the employee's mouse is
- DThe webcam records video of an employee using a company laptop to perform personal business
How the community answered
(30 responses)- A83% (25)
- B3% (1)
- C3% (1)
- D10% (3)
Explanation
An intrusion upon seclusion tort occurs when someone intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, if the intrusion would be highly offensive to a reasonable person. The intrusion does not need to involve a physical trespass, but can also be an electronic or optical intrusion, such as using a webcam to record a person who has a reasonable expectation of privacy. The intrusion must also cause mental anguish or suffering to the plaintiff.
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