Q: 6
Smith, a Certified Fraud Examiner (CFE). works for the ABC Company, a private entity that operates
w\ a jurisdiction with civil laws for defamation, invasion of privacy. and conflict of interest Smith
seizes and searches the personal smartphone of Green an employee of ABC even though Green was
not suspected of any wrongdong Assuming that Green had a reasonable expectation of privacy in the
smartphone and Smith conducted the search without a legitmate interest or authority, under which
of the following claims would Green MOST LIKELY be able to recover damages against Smith?
Options
Discussion
Its B, saw similar question in exam reports and the focus was on intrusion not disclosure.
B or C? I saw a similar question in the official guide, so I'd double check both.
C isn't right since the question doesn't mention Smith actually revealing Green's info to anyone else. B matches because just searching Green's phone without cause is intrusion into privacy. Pretty sure that's what ACFE is looking for, but open if I missed something.
B or C? Official guide and practice tests both hit intrusion as the likely answer, but wording is tricky. Would review sample questions for privacy law just to double check.
Honestly, I'd go with C here since Smith accessed Green's private info, and public disclosure of private facts covers exposing someone's data. The question doesn't say Smith showed the info to others, but just accessing it could be enough for a claim under C in some interpretations. Pretty sure B is what ACFE wants, but C is tempting if you miss that "disclosure" piece.
Guessing C here since public disclosure of private facts can sometimes apply when someone's personal info is accessed, even if not widely shared. Not totally sure though, maybe I'm missing a legal detail.
B or C? These ACFE questions can be so picky about wording. Smith just searched, nothing got disclosed, so I'm thinking probably B (intrusion) fits best. Open to hearing why someone might see C as right though.
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