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IAPP CIPP-US (Certified Information Privacy Professional/United States (CIPP/US)) Exam is a certification program that aims to assess an individual’s knowledge and expertise in the field of data protection laws and regulations in the United States. CIPP-US exam is designed to help professionals understand the complex and ever-changing landscape of privacy laws and regulations in the US and to ensure that individuals who hold the certification are equipped to navigate these laws and regulations with ease.
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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q67-Q72):
NEW QUESTION # 67
Even when dealing with an organization subject to the CCPA, California residents are NOT legally entitled to request that the organization do what?
- A. Delete their personal information.
- B. Refrain from selling their personal information to third parties.
- C. Disclose their personal information to them.
- D. Correct their personal information.
Answer: D
NEW QUESTION # 68
In 2012, the White House and the FTC both issued reports advocating a new approach to privacy enforcement that can best be described as what?
- A. Self-regulatory.
- B. Harm-based.
- C. Comprehensive.
- D. Notice and choice.
Answer: C
Explanation:
In 2012, the White House released a report titled "Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy", which proposed a Consumer Privacy Bill of Rights based on the Fair Information Practice Principles (FIPPs). The report called for a comprehensive privacy framework that would apply to all commercial sectors and all personal data, regardless of the technology or business model involved. The report also urged Congress to enact legislation to implement the framework and empower the FTC to enforce it. Similarly, the FTC released a report titled "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers", which outlined a set of best practices for businesses to protect consumer privacy and foster innovation. The report also advocated for a comprehensive privacy framework that would cover both online and offline data, and apply to all entities that collect or use consumer data that can be reasonably linked to a specific consumer, computer, or device. The report also recommended that Congress consider enacting baseline privacy legislation and giving the FTC rulemaking authority to implement it. Therefore, both reports can be described as advocating a comprehensive approach to privacy enforcement, rather than a harm-based, self-regulatory, or notice and choice approach. References: White House Report, FTC Report, IAPP CIPP/US Study Guide (p. 31-32)
NEW QUESTION # 69
Which was NOT one of the five priority areas listed by the Federal Trade Commission in its 2012 report,
"Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers"?
- A. Do Not Track
- B. Promoting enforceable self-regulatory codes
- C. Large platform providers
- D. International data transfers
Answer: A
Explanation:
The Federal Trade Commission (FTC) issued its 2012 report, "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers"1, which outlined a framework for privacy protection based on three main principles: privacy by design, simplified consumer choice, and greater transparency. The report also identified five priority areas for the FTC's privacy enforcement and policy efforts, which were:
* Data brokers
* Large platform providers
* Mobile
* Promoting enforceable self-regulatory codes
* International data transfers
Do Not Track was not one of the five priority areas, but rather a specific mechanism for implementing the principle of simplified consumer choice. The report endorsed the development of a Do Not Track system that would allow consumers to opt out of online behavioral advertising across websites and platforms1. The report also noted the progress made by various stakeholders, such as the World Wide Web Consortium (W3C), the Digital Advertising Alliance (DAA), and browser companies, in advancing the Do Not Track initiative1. References: 1: Federal Trade Commission, Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers (March 2012), available at 1.
NEW QUESTION # 70
When does the Telemarketing Sales Rule require an entity to share a do-not-call request across its organization?
- A. When the operational structures of its divisions are not transparent
- B. When the goods and services sold by its divisions are very similar
- C. When the entity manages user preferences through multiple platforms
- D. When a call is not the result of an error or other unforeseen cause
Answer: A
Explanation:
The Telemarketing Sales Rule (TSR) is a federal regulation that implements the Telemarketing and Consumer Fraud and Abuse Prevention Act of 199. The TSR aims to protect consumers from deceptive or abusive telemarketing practices, such as unwanted calls, false or misleading claims, unauthorized billing, and privacy violations.
The TSR requires telemarketers and sellers to comply with the National Do Not Call Registry, which is a list of phone numbers of consumers who have indicated that they do not want to receive telemarketing calls.
The TSR also requires telemarketers and sellers to honor the do-not-call requests of individual consumers, regardless of whether their numbers are on the National Do Not Call Registry or not.
A do-not-call request is a statement made by a consumer, either orally or in writing, that they do not wish to receive any more calls from a specific telemarketer or seller. The TSR requires an entity to share a do-not-call request across its organization when the operational structures of its divisions are not transparent to consumers. This means that the entity must treat the do-not-call request as if it applies to all of its affiliates and subsidiaries that engage in telemarketing, unless the consumer would reasonably expect them to be separate and distinct entities based on their names, products, or services. The TSR does not require an entity to share a do-not-call request across its organization in the following situations:
When the goods and services sold by its divisions are very similar. This is not a relevant factor for determining whether the entity must share a do-not-call request across its organization. The key factor is whether the consumers can distinguish between the different divisions based on their operational structures.
When a call is not the result of an error or other unforeseen cause. This is not an exception to the requirement to honor a do-not-call request. The TSR prohibits telemarketers and sellers from calling a consumer who has made a do-not-call request, unless the call falls under one of the specific exemptions, such as calls from or on behalf of tax-exempt nonprofit organizations, calls to consumers with whom the seller has an established business relationship, or calls to consumers who have given prior express written consent.
When the entity manages user preferences through multiple platforms. This is not an excuse for not sharing a do-not-call request across its organization. The TSR requires telemarketers and sellers to maintain an internal do-not-call list of consumers who have asked them not to call again, and to update the list at least once every 31 days. The entity must ensure that the do-not- call request is recorded and communicated across all of its platforms that are used for telemarketing purposes.
NEW QUESTION # 71
SCENARIO
Please use the following to answer the next question:
Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department of Defense and other U.S. federal agencies Jane's manager, Patrick, is a French citizen who has been living in California for over a decade. Patrick has recently begun to suspect that Jane is an insider secretly transmitting trade secrets to foreign intelligence. Unbeknownst to Patrick, the FBI has already received a hint from anonymous whistleblower, and jointly with the National Secunty Agency is investigating Jane's possible implication in a sophisticated foreign espionage campaign.
Ever since the pandemic. Jane has been working from home. To complete her daily tasks she uses her corporate laptop, which after each togin conspicuously provides notice that the equipment belongs to Jones Labs and may be monitored according to the enacted privacy policy and employment handbook Jane also has a corporate mobile phone that she uses strictly for business, the terms of which are defined in her employment contract and elaborated upon in her employee handbook. Both the privacy policy and the employee handbook are revised annually by a reputable California law firm specializing in privacy law. Jane also has a personal iPhone that she uses for private purposes only.
Jones Labs has its primary data center in San Francisco, which is managed internally by Jones Labs engineers The secondary data center, managed by Amazon AWS. is physically located in the UK for disaster recovery purposes. Jones Labs' mobile devices backup is managed by a mid- sized mobile delense company located in Denver, which physically stores the data in Canada to reduce costs. Jones Labs MS Office documents are securely stored in a Microsoft Office 365 data.
When storing Jane's fingerprint for remote authentication. Jones Labs should consider legality issues under which of the following9
- A. The federal Genetic Information Nondiscrimination Act (GINA).
- B. The California loT Security Law (SB 327).
- C. The applicable state law such as Illinois BIPA
- D. The Privacy Rule of the HITECH Act.
Answer: C
Explanation:
When storing biometric data, such as fingerprints, organizations in the U.S. must comply with state- specific biometric privacy laws if they operate in states that regulate biometric information.
The most prominent of these laws is the Illinois Biometric Information Privacy Act (BIPA), but similar laws also exist or are developing in other states, such as Texas and Washington.
Key Considerations for Storing Biometric Data:
Illinois Biometric Information Privacy Act (BIPA):
BIPA (740 ILCS 14) is a leading and highly influential state law regulating the collection, storage, and use of biometric information. It requires organizations to:
Obtain informed, written consent before collecting biometric data. Establish a publicly available policy governing the retention and destruction of biometric data. Use a reasonable standard of care to protect biometric data from unauthorized access or use. Prohibit the sale or transfer of biometric data without consent.
California and Biometric Data:
While California's California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) provide general protections for personal information, including biometric data, they do not have the specific consent and handling requirements that BIPA does. Nevertheless, California residents have rights related to access, deletion, and the sale of biometric information.
NEW QUESTION # 72
......
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