CIPP-US LATEST DUMPS PPT - NEW CIPP-US DUMPS PDF

CIPP-US Latest Dumps Ppt - New CIPP-US Dumps Pdf

CIPP-US Latest Dumps Ppt - New CIPP-US Dumps Pdf

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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q97-Q102):

NEW QUESTION # 97
SCENARIO
Please use the following to answer the next QUESTION :
Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state's Do Not Call list, as well as the people on it. "If they were really serious about not being bothered," Evan said, "They'd be on the national DNC list. That's the only one we're required to follow. At SunriseLynx, we call until they ask us not to." Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call "another time." This, to Larry, is a clear indication that they don't want to be called at all. Evan doesn't see it that way.
Larry believes that Evan's arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social medi a. However, following Evan's political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.
Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan's leadership.
Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker's belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.
Larry wants to take action, but is uncertain how to proceed.
Which act would authorize Evan's undercover investigation?

  • A. The Fair and Accurate Credit Transactions Act (FACTA)
  • B. The Stored Communications Act (SCA)
  • C. The Whistleblower Protection Act
  • D. The National Labor Relations Act (NLRA)

Answer: B

Explanation:
Stored communications. As previously discussed, the SCA creates a general prohibition against the unauthorized acquisition, alteration or blocking of electronic communications while in electronic storage in a facility through which an electronic communications service is provided.119 Violations for interceptions can lead to criminal penalties or a civil lawsuit. The law provides for exceptions. Two exceptions that may apply to the employer are for conduct authorized: "By the person or entity providing a wire or electronic communications service" (often the employer)120 "By a user of that service with respect to a communication of or intended for that user"121


NEW QUESTION # 98
What is the main purpose of the Global Privacy Enforcement Network?

  • A. To investigate allegations of privacy violations internationally
  • B. To protect the interests of privacy consumer groups worldwide
  • C. To arbitrate disputes between countries over jurisdiction for privacy laws
  • D. To promote universal cooperation among privacy authorities

Answer: D

Explanation:
The Global Privacy Enforcement Network (GPEN) is a network for privacy enforcement authorities (PEAs) to share knowledge, experience and best practices on the practical aspects of privacy enforcement and cooperation. GPEN was created in response to the OECD Recommendation on Cross-border Cooperation in the Enforcement of Laws Protecting Privacy, which called for member countries to foster the establishment of an informal network of PEAs. GPEN's main purpose is to facilitate cross-border cooperation and coordination among PEAs, especially in cases involving multiple jurisdictions or regions. GPEN also aims to enhance information sharing, promote awareness and education, and support capacity building among PEAs. References:
* Home (public) | Global Privacy Enforcement Network
* Global Privacy Enforcement Network - International Association of Privacy Professionals
* International Partnerships - Office of the Privacy Commissioner of copyright
* Specialised networks - Global Privacy Assembly
* Action Plan for the Global Privacy Enforcement Network (GPEN)
* [IAPP CIPP/US Certified Information Privacy Professional Study Guide], Chapter 6, page 213.


NEW QUESTION # 99
In which situation is a company operating under the assumption of implied consent?

  • A. A retail clerk asks a customer to provide a zip code at the check-out counter
  • B. An online retailer subscribes new customers to an e-mail list by default
  • C. An employer contacts the professional references provided on an applicant's resume
  • D. A landlord uses the information on a completed rental application to run a credit report

Answer: C

Explanation:
* Implied consent is a form of consent that is inferred from the actions or inactions of the data subject, rather than explicitly expressed by the data subject1.
* Implied consent is generally considered a valid basis for processing personal data under certain circumstances, such as when the processing is necessary for the performance of a contract, the legitimate interests of the data controller, or the reasonable expectations of the data subject2.
* However, implied consent may not be sufficient for processing sensitive personal data, such as health, biometric, or genetic data, or for sending marketing communications, depending on the applicable laws and regulations2.
* In the U.S., there is no comprehensive federal privacy law that regulates the use of implied consent for data processing, but there are sector-specific laws and state laws that may impose different requirements and limitations3.
* Based on the scenarios given in the question, the situation that is most likely to involve a company operating under the assumption of implied consent is A. An employer contacts the professional references provided on an applicant's resume.
* This is because the employer may reasonably infer that the applicant has consented to the contact of the references by voluntarily providing their information on the resume, and that the contact is necessary for the legitimate interest of the employer to verify the applicant's qualifications and suitability for the job4.
* The other situations may not involve implied consent, but rather require explicit consent or provide opt- out options for the data subjects, depending on the type and purpose of the data processing and the relevant laws and regulations5 . For example:
* B. An online retailer subscribes new customers to an e-mail list by default. This may violate the CAN-SPAM Act, which requires online marketers to obtain affirmative consent from the recipients before sending commercial e-mail messages, and to provide a clear and conspicuous opt-out mechanism in every message5.
* C. A landlord uses the information on a completed rental application to run a credit report. This may violate the Fair Credit Reporting Act, which requires landlords to obtain written authorization from the applicants before obtaining their consumer reports, and to provide them with a copy of the report and a summary of their rights if they take any adverse action based on the report.
* D. A retail clerk asks a customer to provide a zip code at the check-out counter. This may violate the California Song-Beverly Credit Card Act, which prohibits retailers from requesting and recording personal identification information from customers who pay with a credit card, unless the information is necessary for a special purpose, such as shipping or fraud prevention.
References: 1: Implied Consent 2: Consent 3: U.S. Private-Sector Privacy (CIPP/US) 4: [Reference Checks:
Tips for Job Applicants and Employers] 5: [CAN-SPAM Act: A Compliance Guide for Business] : [Using Consumer Reports: What Landlords Need to Know] : [California Song-Beverly Credit Card Act] : [Reference Checks: Tips for Job Applicants and Employers] : [CAN-SPAM Act: A Compliance Guide for Business] :
[Using Consumer Reports: What Landlords Need to Know] : [California Song-Beverly Credit Card Act]


NEW QUESTION # 100
SCENARIO
Please use the following to answer the next QUESTION
Otto is preparing a report to his Board of Directors at Filtration Station, where he is responsible for the privacy program. Filtration Station is a U.S. company that sells filters and tubing products to pharmaceutical companies for research use. The company is based in Seattle, Washington, with offices throughout the U.S.
and Asia. It sells to business customers across both the U.S. and the Asia-Pacific region. Filtration Station participates in the Cross-Border Privacy Rules system of the APEC Privacy Framework.
Unfortunately, Filtration Station suffered a data breach in the previous quarter. An unknown third party was able to gain access to Filtration Station's network and was able to steal data relating to employees in the company's Human Resources database, which is hosted by a third-party cloud provider based in the U.S. The HR data is encrypted. Filtration Station also uses the third-party cloud provider to host its business marketing contact database. The marketing database was not affected by the data breach. It appears that the data breach was caused when a system administrator at the cloud provider stored the encryption keys with the data itself.
The Board has asked Otto to provide information about the data breach and how updates on new developments in privacy laws and regulations apply to Filtration Station. They are particularly concerned about staying up to date on the various U.S. state laws and regulations that have been in the news, especially the California Consumer Privacy Act (CCPA) and breach notification requirements.
What can Otto do to most effectively minimize the privacy risks involved in using a cloud provider for the HR data?

  • A. Request that the Board sign off in a written document on the choice of cloud provider.
  • B. Obtain express consent from employees for storing the HR data in the cloud and keep a record of the employee consents.
  • C. Ensure that the cloud provider abides by the contractual requirements by conducting an on-site audit.
  • D. Negotiate a Business Associate Agreement with the cloud provider to protect any health-related data employees might share with Filtration Station.

Answer: C

Explanation:
The best way for Otto to minimize the privacy risks involved in using a cloud provider for the HR data is to ensure that the cloud provider abides by the contractual requirements by conducting an on-site audit. This would allow Otto to verify that the cloud provider has implemented adequate security measures, such as encryption, access controls, and backup systems, to protect the HR data from unauthorized access, use, or disclosure. It would also allow Otto to check that the cloud provider is complying with the applicable privacy laws and regulations, such as the CCPA, the APEC Privacy Framework, and the breach notification requirements. By conducting an on-site audit, Otto can identify any gaps or weaknesses in the cloud provider's privacy practices and address them promptly. This would also demonstrate due diligence and accountability on the part of Filtration Station, which could mitigate the legal and reputational consequences of a data breach. References:
* [IAPP CIPP/US Study Guide], Chapter 3: Data Assessments, pp. 77-78.
* IAPP CIPP/US Body of Knowledge, Section III: Government and Court Access to Private-sector Information, Subsection B: Cross-Border Data Transfer, Topic 2: APEC Privacy Framework.
* IAPP CIPP/US Practice Questions, Question 125.


NEW QUESTION # 101
Who has rulemaking authority for the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA)?

  • A. The Federal Trade Commission
  • B. The Consumer Financial Protection Bureau
  • C. The Department of Commerce
  • D. State Attorneys General

Answer: B

Explanation:
Explanation/Reference: https://www.ftc.gov/enforcement/statutes/fair-accurate-credit-transactions-act-2003


NEW QUESTION # 102
......

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