Knowing that the regulator is now investigating, what would be the best step to take?

SCENARIO

Please use the following to answer the next QUESTION:

Perhaps Jack Kelly should have stayed in the U.S. He enjoys a formidable reputation inside the company, Special Handling Shipping, for his work in reforming certain "rogue" offices. Last year, news broke that a police sting operation had revealed a drug ring operating in the Providence, Rhode Island office in the United States. Video from the office’s video surveillance cameras leaked to news operations showed a drug exchange between Special Handling staff and undercover officers.

In the wake of this incident, Kelly had been sent to Providence to change the "hands off" culture that upper management believed had let the criminal elements conduct their illicit transactions. After a few weeks under Kelly’s direction, the office became a model of efficiency and customer service. Kelly monitored his workers’ activities using the same cameras that had recorded the illegal conduct of their former co-workers.

Now Kelly has been charged with turning around the office in Cork, Ireland, another trouble spot. The company has received numerous reports of the staff leaving the office unattended. When Kelly arrived, he found that even when present, the staff often spent their days socializing or conducting personal business on their mobile phones. Again, he observed their behaviors using surveillance cameras. He issued written reprimands to six staff members based on the first day of video alone.

Much to Kelly’s surprise and chagrin, he and the company are now under investigation by the Data Protection Commissioner of Ireland for allegedly violating the privacy rights of employees. Kelly was told that the company’s license for the cameras listed facility security as their main use, but he does not know why this matters. He has pointed out to his superiors that the company’s training programs on privacy protection and data collection mention nothing about surveillance video.

You are a privacy protection consultant, hired by the company to assess this incident, report on the legal and compliance issues, and recommend next steps.

Knowing that the regulator is now investigating, what would be the best step to take?
A . Consult an attorney experienced in privacy law and litigation.
B . Use your background and knowledge to set a course of action.
C . If you know the organization is guilty, advise it to accept the punishment.
D . Negotiate the terms of a settlement before formal legal action takes place.

View Answer

Answer: A

Explanation:

This answer is the best step to take knowing that the regulator is now investigating, as it can help the organization to obtain legal advice and representation on how to respond to and cooperate with the investigation, as well as how to defend or resolve any potential claims or disputes that may arise from the incident. Consulting an attorney experienced in privacy law and litigation can also help the organization to understand its rights and obligations under the applicable laws and regulations, as well as the possible outcomes and consequences of the investigation. An attorney can also assist the organization in preparing and submitting any required documents or evidence, communicating with the regulator or other parties, negotiating a settlement or agreement, or challenging or appealing any decisions or actions taken by the regulator.

Reference: IAPP CIPM Study Guide, page 871; ISO/IEC 27002:2013, section 16.1.5