HumenhukCIPP/US Study Guide
Chapter 3: Introduction to Technological Aspects of Privacy

Surveillance by Audio, Video and Other Sensors

Reviewed by Victor Humenhuk. Published . Reviewed .

Devices' microphones and cameras can be hijacked by remote access trojan (RAT) malware, or activated by employers/police. Government video surveillance is generally legal in the U.S. except where there is a reasonable expectation of privacy, while wiretap laws restrict secret audio surveillance.

How this supports CIPP/US study

Use this lesson to identify the legal source, actor, data and activity before applying a rule to a scenario. Continue with the CIPP/US study guide.

Microphones and cameras on phones, laptops, and smart TVs can be activated remotely by remote access trojan (RAT) malware - even disabling the webcam's in-use light. Employers may activate sensors on work-issued devices, and police may get a warrant under wiretap laws. Cheaper sensors also enable CCTV, body cameras, and drones, especially paired with facial recognition.

Video vs audio surveillance

Exam distinction: government video surveillance is generally legal in the U.S. - except where there is a reasonable expectation of privacy (e.g. a bathroom) or in cities limiting facial recognition. By contrast, U.S. wiretap laws set limits on secret audio surveillance.

Key terms - quick answers

What is “Remote access trojan (RAT)”?
Malware that can turn on a device's webcam or microphone without the user's knowledge, even disabling the in-use indicator light.
What is “Reasonable expectation of privacy”?
The standard under which government video surveillance is not generally permitted, such as in a bathroom.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.