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The CIPP-US exam covers a wide range of topics related to the privacy laws and regulations in the United States, including the Federal Trade Commission Act, Health Insurance Portability and Accountability Act (HIPAA), Children’s Online Privacy Protection Act (COPPA), and California Consumer Privacy Act (CCPA). It also covers the privacy principles and practices that organizations need to implement to ensure compliance with these laws. CIPP-US exam is designed to assess an individual’s knowledge and understanding of these topics, including their ability to apply them in real-world scenarios.
The CIPP-US certification exam is generally taken by professionals who work in the fields of privacy law, information security, data management, and compliance. CIPP-US exam is also suitable for individuals who work in the areas of data protection and privacy in organizations such as law firms, consulting firms, and other companies that deal with sensitive data. Certified Information Privacy Professional/United States (CIPP/US) certification is also suitable for individuals who work in government agencies that deal with data privacy and protection.
Earning the CIPP-US certification demonstrates a high level of knowledge and expertise in U.S. privacy laws and regulations, which is increasingly important in today's digital age. Certified Information Privacy Professional/United States (CIPP/US) certification also provides professionals with a competitive advantage in the job market and can lead to higher salaries and career advancement opportunities.
NEW QUESTION # 33
SCENARIO
Please use the following to answer the next question:
Matt went into his son's bedroom one evening and found him stretched out on his bed typing on his laptop.
"Doing your network?" Matt asked hopefully.
"No," the boy said. "I'm filling out a survey."
Matt looked over his son's shoulder at his computer screen. "What kind of survey?"
"It's asking questions about my opinions."
"Let me see," Matt said, and began reading the list of questions that his son had already answered. "It's asking your opinions about the government and citizenship. That's a little odd. You're only ten." Matt wondered how the web link to the survey had ended up in his son's email inbox. Thinking the message might have been sent to his son by mistake he opened it and read it. It had come from an entity called the Leadership Project, and the content and the graphics indicated that it was intended for children. As Matt read further he learned that kids who took the survey were automatically registered in a contest to win the first book in a series about famous leaders.
To Matt, this clearly seemed like a marketing ploy to solicit goods and services to children. He asked his son if he had been prompted to give information about himself in order to take the survey. His son told him he had been asked to give his name, address, telephone number, and date of birth, and to answer questions about his favorite games and toys.
Matt was concerned. He doubted if it was legal for the marketer to collect information from his son in the way that it was. Then he noticed several other commercial emails from marketers advertising products for children in his son's inbox, and he decided it was time to report the incident to the proper authorities.
Based on the incident, the FTC's enforcement actions against the marketer would most likely include what violation?
- A. Collecting information from a child under the age of thirteen.
- B. Intruding upon the privacy of a family with young children.
- C. Disregarding the privacy policy of the children's marketing industry.
- D. Failing to notify of a breach of children's private information.
Answer: C
Explanation:
Explanation/Reference: https://www.ftc.gov/system/files/2012-31341.pdf
NEW QUESTION # 34
Read this notice:
Our website uses cookies. Cookies allow us to identify the computer or device you're using to access the site, but they don't identify you personally. For instructions on setting your Web browser to refuse cookies, click here.
What type of legal choice does not notice provide?
- A. Opt-in
- B. Implied consent
- C. Opt-out
- D. Mandatory
Answer: C
NEW QUESTION # 35
What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?
- A. The right to request removal from e-mail lists
- B. The truncation of account numbers on credit card receipts
- C. The ability for the consumer to correct inaccurate credit report information
- D. Consumer notice when third-party data is used to make an adverse decision
Answer: B
NEW QUESTION # 36
Which is an exception to the general prohibitions on telephone monitoring that exist under the
U.S.Wiretap Act?
- A. Internet calls exception
- B. Call center exception
- C. Ordinary course of business exception
- D. Inter-company communications exception
Answer: C
Explanation:
The U.S. Wiretap Act prohibits the interception and disclosure of wire, oral, or electronic communications, unless one of the statutory exceptions applies. One of these exceptions is the ordinary course of business exception, which allows an employer or service provider to intercept communications that are made in the ordinary course of its business, such as for quality control, training, or security purposes. This exception does not apply to communications that are not related to the business, such as personal calls or emails, or to communications that are intercepted for other reasons, such as harassment, discrimination, or retaliation. The scope and applicability of this exception may vary depending on the context, the consent of the parties, and the state law.
NEW QUESTION # 37
Which of these organizations would be required to provide its customers with an annual privacy notice?
- A. The Golden Gavel Auction House.
- B. The Breezy City Housing Commission.
- C. The King County Savings and Loan.
- D. The Four Winds Tribal College.
Answer: C
Explanation:
The annual privacy notice requirement under the Gramm-Leach-Bliley Act (GLBA) applies to financial institutions that collect nonpublic personal information from customers and disclose it to nonaffiliated third parties, unless they qualify for an exception. A financial institution is any entity that engages in activities that are financial in nature or incidental to such activities, as defined by section 4(k) of the Bank Holding Company Act of 1956. The King County Savings and Loan is a financial institution under this definition, as it engages in lending money and accepting deposits. Therefore, it is required to provide its customers with an annual privacy notice, unless it meets the conditions for an exception. The Four Winds Tribal College, the Golden Gavel Auction House, and the Breezy City Housing Commission are not financial institutions under the GLBA, as they do not engage in activities that are financial in nature or incidental to such activities.
Therefore, they are not required to provide their customers with an annual privacy notice under the GLBA. References:
* Amendment to the Annual Privacy Notice Requirement Under the Gramm-Leach-Bliley Act, section I.
Background, paragraph 2.
* 17 CFR § 248.5 - Annual privacy notice to customers required., paragraph (a) (1).
* IAPP CIPP/US Study Guide, page 65.
NEW QUESTION # 38
Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
- A. You must notify the Federal Trade Commission (FTC) in addition to affected individuals if over
500 individuals are receiving notice. - B. When providing an individual with required notice of a data breach, you must identify what personal information was actually or likely compromised.
- C. When you are required to provide an individual with notice of a data breach under any state's law, you must provide the individual with an offer for free credit monitoring.
- D. The only obligations to provide data breach notification are under state law because currently there is no federal law or regulation requiring notice for the breach of personal information.
Answer: D
Explanation:
Data breach notification laws in the United States vary by state and territory, and there is no comprehensive federal law that applies to all types of personal information. Some federal laws, such as HIPAA, GLBA, and the FDIC rule, impose data breach notification requirements for specific industries or sectors, but they do not cover all types of personal information or all entities that collect, store, or process such information. Therefore, the only obligations to provide data breach notification for the breach of personal information are under state law, unless a specific federal law applies to the entity or the information involved.
NEW QUESTION # 39
According to FERPA, when can a school disclose records without a student's consent?
- A. If the disclosure would not reveal a student's student identification number
- B. If the disclosure is to provide transcripts to a school where a student intends to enroll
- C. If the disclosure is to practitioners who are involved in a student's health care
- D. If the disclosure is not to be conducted through email to the third party
Answer: B
Explanation:
According to FERPA, a school may disclose personally identifiable information (PII) from an eligible student's education records without consent if the disclosure meets one of the exceptions in 34 CFR § 99.31.
One of these exceptions is for disclosures to other schools to which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes related to the student's enrollment or transfer (34 CFR §
99.31(a)(2)). This exception allows schools to disclose transcripts, recommendations, or other information that may facilitate the student's admission or enrollment at another school. However, the school must make a reasonable attempt to notify the student of the disclosure, unless the student initiated the disclosure, and must provide the student with a copy of the records that were disclosed upon request (34 CFR § 99.34(a) (1)). References: https://studentprivacy.ed.gov/ferpa
https://studentprivacy.ed.gov/ferpa
NEW QUESTION # 40
What information did the Red Flag Program Clarification Act of 2010 add to the original Red Flags rule?
- A. The process for proper disposal of sensitive data.
- B. The definition of what constitutes a creditor.
- C. The components of an identity theft detection program.
- D. The most common methods of identity theft.
Answer: B
Explanation:
The Red Flag Program Clarification Act of 2010 amended the original Red Flags rule, which required certain financial institutions and creditors to develop and implement a written identity theft prevention program. The Clarification Act narrowed the definition of creditor to include only those who regularly and in the ordinary course of business advance funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person. This excludes creditors who advance funds for expenses incidental to a service provided by the creditor to that person.
NEW QUESTION # 41
SCENARIO
Please use the following to answer the next QUESTION
Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend Celeste open a jewelry store in California. Felicia, despite being excited at the prospect, has a number of security concerns, and has only grudgingly accepted the need tohire other employees. In order to guard against the loss of valuable merchandise, Felicia wants to carefully screen applicants. With their permission, Felicia would like to run credit checks, administer polygraph tests, and scrutinize videos of interviews. She intends to read applicants' postings on social media, ask questions about drug addiction, and solicit character references. Felicia believes that if potential employees are serious about becoming part of a dynamic new business, they will readily agree to these requirements.
Felicia is also in favor of strict employee oversight. In addition to protecting the inventory, she wants to prevent mistakes during transactions, which will require video monitoring. She also wants to regularly check the company vehicle's GPS for locations visited by employees. She also believes that employees who use their own devices for work-related purposes should agree to a certain amount of supervision.
Given her high standards, Felicia is skeptical about the proposed location of the store. She has been told that many types of background checks are not allowed under California law. Her friend Celeste thinks these worries are unfounded, as long as applicants verbally agree to the checks and are offered access to the results.
Nor does Celeste share Felicia's concern about state breach notification laws, which, she claims, would be costly to implement even on a minor scale. Celeste believes that even if the business grows a customer database of a few thousand, it's unlikely that a state agency would hassle an honest business if an accidental security incident were to occur.
In any case, Celeste feels that all they need is common sense - like remembering to tear up sensitive documents before throwing them in the recycling bin. Felicia hopes that she's right, and that all of her concerns will be put to rest next month when their new business consultant (who is also a privacy professional) arrives from North Carolina.
Regarding credit checks of potential employees, Celeste has a misconception regarding what?
- A. Records retention policies
- B. Consent requirements.
- C. Employment-at-will rules.
- D. Disclosure requirements.
Answer: B
Explanation:
Celeste has a misconception regarding the consent requirements for conducting credit checks of potential employees in California. She thinks that verbal consent from the applicants is sufficient, and that they only need to be offeredaccess to the results. However, under the California Consumer Credit Reporting Agencies Act (CCRAA), employers who want to obtain a consumer credit report for employment purposes must comply with the following consent and disclosure requirements12:
* Before requesting a consumer credit report, the employer must provide the applicant with a clear and conspicuous written disclosure that informs them of the following:
* The specific purpose for obtaining the report.
* The source of the report.
* The applicant's right to obtain a free copy of the report from the source within 60 days.
* The applicant's right to dispute the accuracy or completeness of any information in the report.
* The employer must also obtain the applicant's written authorization to obtain the report.
* If the employer intends to take an adverse action based on the report, such as denying employment, the employer must provide the applicant with a copy of the report and a summary of their rights under the CCRAA before taking the action.
* After taking the adverse action, the employer must provide the applicant with a notice that includes the following:
* The name, address, and telephone number of the source of the report.
* A statement that the source of the report did not make the decision and cannot explain why the decision was made.
* A statement that the applicant has the right to obtain another free copy of the report from the source within 60 days.
* A statement that the applicant has the right to dispute the accuracy or completeness of any information in the report.
Therefore, Celeste is wrong to assume that verbal consent and optional access to the results are enough to comply with the CCRAA. She should follow the written consent and disclosure requirements to avoid violating the law and potentially facing civil penalties or lawsuits. References:
* California Consumer Credit Reporting Agencies Act
* Employment Credit Checks: What You Need to Know | Nolo
NEW QUESTION # 42
Which of the following best describes how federal anti-discrimination laws protect the privacy of private-sector employees in the United States?
- A. They limit the types of information that employers can collect about employees.
- B. They limit the amount of time a potential employee can be interviewed.
- C. They promote a workforce of employees with diverse skills and interests.
- D. They prescribe working environments that are safe and comfortable.
Answer: A
Explanation:
Federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990, prohibit employers from discriminating against employees or applicants based on certain protected characteristics, such as race, color, religion, sex, national origin, age, disability, and genetic information. These laws also limit the types of information that employers can collect, use, disclose, or retain about employees or applicants, in order to prevent discrimination or invasion of privacy. For example, employers cannot ask about an applicant's medical history, disability status, genetic information, or religious beliefs, unless they are relevant to the job or a bona fide occupational qualification. Employers also cannot use such information to make adverse employment decisions, such as hiring, firing, promotion, or compensation, unless they are justified by a legitimate business necessity or a reasonable accommodation.
Employers must also safeguard the confidentiality of such information and dispose of it properly when it is no longer needed.
NEW QUESTION # 43
Which of the following best describes private-sector workplace monitoring in the United States?
- A. U.S. federal law restricts monitoring only to industries for which it is necessary
- B. Most employees are protected from workplace monitoring by the U.S. Constitution
- C. Employers have broad authority to monitor their employees
- D. Judgments in private lawsuits have severely limited the monitoring of employees
Answer: C
NEW QUESTION # 44
Acme Student Loan Company has developed an artificial intelligence algorithm that determines whether an individual is likely to pay their bill or default. A person who is determined by the algorithm to be more likely to default will receive frequent payment reminder calls, while those who are less likely to default will not receive payment reminders.
Which of the following most accurately reflects the privacy concerns with Acme Student Loan Company using artificial intelligence in this manner?
- A. If the algorithm uses risk factors that impact the automatic decision engine. Acme must ensure that the algorithm does not have a disparate impact on protected classes in the output.
- B. If the algorithm's methodology is disclosed to consumers, then it is acceptable for Acme to have a disparate impact on protected classes.
- C. If the algorithm uses information about protected classes to make automated decisions, Acme must ensure that the algorithm does not have a disparate impact on protected classes in the output.
- D. If the algorithm makes automated decisions based on risk factors and public information, Acme need not determine if the algorithm has a disparate impact on protected classes.
Answer: D
NEW QUESTION # 45
What role does the U.S. Constitution play in the area of workplace privacy?
- A. It provides significant protections to federal and state governments, but not to private-sector employment
- B. It provides contractual protections to members of labor unions, but not to employees at will
- C. It provides legal precedent for physical information security, but not for electronic security
- D. It provides enforcement resources to large employers, but not to small businesses
Answer: A
Explanation:
The U.S. Constitution plays a limited role in the area of workplace privacy, because it mainly applies to the actions of the government, not private employers. The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Supreme Court has interpreted this right to include a reasonable expectation of privacy in certain situations, such as in one's home, car, or personal belongings. However, this right does not extend to private-sector employees, who are not protected by the Constitution from the actions of their employers, unless the employer is acting as an agent of the government. Private-sector employees may have some privacy rights under state laws, common law, or contractual agreements, but these vary depending on the jurisdiction and the circumstances.
Public-sector employees, on the other hand, are protected by the Constitution from unreasonable searches and seizures by their employers, who are considered part of the government. Public- sector employees have a reasonable expectation of privacy in their workplace, unless there is a legitimate work-related reason for the search or seizure, such as to ensure safety, security, or efficiency. Public- sector employers must also comply with the due process and equal protection clauses of the Fifth and Fourteenth Amendments, which prohibit the government from depriving any person of life, liberty, or property without due process of law, or from denying any person the equal protection of the laws. These clauses protect public-sector employees from arbitrary or discriminatory actions by their employers that affect their employment status or benefits.
Therefore, the U.S. Constitution plays a significant role in the area of workplace privacy for federal and state governments, but not for private-sector employment, because it only regulates the actions of the government, not private actors.
NEW QUESTION # 46
What is the main reason some supporters of the European approach to privacy are skeptical about self- regulation of privacy practices?
- A. Human rights may be disregarded for the sake of privacy
- B. A new business owner may not understand the regulations
- C. A large amount of money may have to be sent on improved technology and security
- D. Industries may not be strict enough in the creation and enforcement of rules
Answer: D
NEW QUESTION # 47
Which of the following is NOT a principle found in the APEC Privacy Framework?
- A. Preventing Harm.
- B. Access and Correction.
- C. Integrity of Personal Information.
- D. Privacy by Design.
Answer: D
Explanation:
The APEC Privacy Framework is a set of non-binding principles adopted by the Asia-Pacific Economic Cooperation (APEC) that aim to promote electronic commerce and protect information privacy in the region.
The Framework is consistent with the core values of the OECD Guidelines on the Protection of Privacy and Trans-Border Flows of Personal Data, and reaffirms the value of privacy to individuals and to the information society. The Framework consists of nine principles: Preventing Harm, Notice, Collection Limitation, Use of Personal Information, Choice, Integrity of Personal Information, Security Safeguards, Access and Correction, and Accountability. Privacy by Design is not one of the principles in the APEC Privacy Framework, although it is a concept that is endorsed by the OECD Guidelines and other privacyframeworks. References: APEC Privacy Framework (2015), APEC Privacy Principles, IAPP CIPP/US Study Guide, Chapter 4.
NEW QUESTION # 48
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