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IAPP CIPP-US (Certified Information Privacy Professional/United States) Exam is a certification exam offered by the International Association of Privacy Professionals (IAPP) for individuals who want to demonstrate their knowledge and expertise in privacy laws, regulations, and practices in the United States. Certified Information Privacy Professional/United States (CIPP/US) certification is designed for professionals who work with personal data and need to comply with privacy laws and regulations, such as data protection officers, privacy consultants, privacy attorneys, and compliance professionals.
The CIPP-US Certification is ideal for professionals who work in the field of privacy, including privacy officers, data protection officers, compliance officers, and data security professionals. Certified Information Privacy Professional/United States (CIPP/US) certification is also beneficial for lawyers, consultants, and other professionals who work with privacy laws and regulations.
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IAPP CIPP-US (Certified Information Privacy Professional/United States) Exam is a certification program designed to assess individuals' knowledge and skills in the field of data privacy regulations and practices in the United States. Certified Information Privacy Professional/United States (CIPP/US) certification is issued by the International Association of Privacy Professionals (IAPP), a non-profit organization that is dedicated to providing education and certification programs on privacy laws and practices globally.
NEW QUESTION # 30
Which of the following is an important implication of the Dodd-Frank Wall Street Reform and Consumer Protection Act?
Answer: A
Explanation:
The Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB) as an independent agency within the Federal Reserve System. The CFPB has the authority to regulate consumer financial products and services, such as mortgages, credit cards, student loans, and payday loans. One of the main objectives of the CFPB is to promote transparency, fairness, and consumer choice in the financial marketplace. The CFPB has issued rules and guidance to require financial institutions to provide clear and accurate information to consumers about the costs, risks, and benefits of their products and services. The CFPB also has the power to enforce consumer protection laws and prohibit unfair, deceptive, or abusive acts or practices by financial institutions.
NEW QUESTION # 31
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 media. 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?
Answer: B
Explanation:
The Stored Communications Act (SCA) is a federal law that regulates the privacy of electronic communications that are stored by third-party service providers, such as email providers, cloud storage providers, or social media platforms. The SCA prohibits unauthorized access to or disclosure of such communications, unless authorized by law or by the consent of the user or the service provider . The SCA also provides exceptions for certain types of access or disclosure, such as those made for law enforcement purposes, for the protection of the service provider's rights or property, or for the consent of the subscriber or customer .
One of the exceptions to the SCA is where the service provider gives consent to the access or disclosure of the stored communications. This means that if a third-party service provider agrees to cooperate with an investigation or a request for information, the access or disclosure is lawful under the SCA. Consent can be express or implied, depending on the circumstances and the terms of service of the provider. For example, if a service provider has a policy that allows it to disclose user information to third parties for legitimate purposes, the provider has impliedly consented to the access or disclosure of the stored communications. However, if a service provider has a policy that prohibits such disclosure, the provider has not consented to the access or disclosure of the stored communications.
In the scenario, Evan's undercover investigation may have been authorized by the SCA if he obtained the consent of the third-party service provider that stored the electronic communications of the employee who was suspected of misconduct. For instance, if the employee used a company email account or a cloud storage service that had a policy that allowed the service provider to disclose user information to the employer or to law enforcement, Evan may have been able to access or disclose the stored communications with the consent of the service provider.
However, if the employee used a personal email account or a cloud storage service that had a policy that protected user privacy and prohibited such disclosure, Evan may have violated the SCA by accessing or disclosing the stored communications without the consent of the service provider.
NEW QUESTION # 32
The U.S. Supreme Court has recognized an individual's right to privacy over personal issues, such as contraception, by acknowledging which of the following?
Answer: D
Explanation:
The U.S. Supreme Court has recognized an individual's right to privacy over personal issues, such as contraception, by acknowledging a "penumbra" of unenumerated constitutional rights as well as more general protections of due process of law. This means that the right to privacy is not explicitly stated in the Constitution, but it is implied from other rights that are explicitly stated, such as the First Amendment rights of speech and assembly, the Third Amendment right to be free from quartering of soldiers, the Fourth Amendment right to be secure from unreasonable searches and seizures, the Fifth Amendment right to be free from self-incrimination, and the Ninth Amendment right to retain other rights not enumerated in the Constitution. These rights create a "zone of privacy" that protects individuals from undue government interference in their personal affairs. The Supreme Court first articulated this concept of privacy in Griswold v. Connecticut (1965), where it struck down a state law that prohibited the use of contraceptives by married couples. The Court also relied on the due process clause of the Fourteenth Amendment, which prohibits states from depriving any person of life, liberty, or property without due process of law. The Court interpreted this clause to include a substantive component that protects certain fundamental rights from state regulation, unless there is a compelling state interest and the regulation is narrowly tailored to achieve that interest. The Court has applied this due process analysis to other privacy issues, such as abortion, marriage, and sexual orientation. References:
* Privacy | Wex | US Law | LII / Legal Information Institute
* Privacy isn't in the Constitution - but it's everywhere in constitutional law
* Privacy Rights and Personal Autonomy Legally Protected by the ... - Justia
* Right to privacy | Wex | US Law | LII / Legal Information Institute
NEW QUESTION # 33
What is the main reason some supporters of the European approach to privacy are skeptical about self- regulation of privacy practices?
Answer: D
Explanation:
The European approach to privacy is based on the recognition of privacy as a fundamental human right that requires strong legal protection and oversight. The EU has adopted comprehensive and binding privacy laws, such as the General Data Protection Regulation (GDPR) and the ePrivacy Directive, that apply to all sectors and activities involving personal data. The EU also has independent data protection authorities (DPAs) that monitor and enforce compliance with the privacy laws, and a European Data Protection Board (EDPB) that issues guidance and opinions on privacy matters. The EU also requires adequate levels of privacy protection for personal data transferred to third countries or international organizations.
In contrast, the U.S. approach to privacy is based on a sectoral and self-regulatory model that relies on a combination of federal and state laws, industry codes of conduct, consumer education, and market forces. The
U.S. does not have a single, comprehensive, and enforceable federal privacy law that covers all sectors and activities involving personal data. Instead, the U.S. has a patchwork of federal and state laws that address specific issues or sectors, such as health, financial, children's, and electronic communications privacy. The U.
S. also has various federal and state agencies that share jurisdiction over privacy matters, such as the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the Department of Health and Human Services (HHS). The U.S. also relies on self-regulation by industries that develop and adhere to voluntary codes of conduct, standards, and best practices for privacy. The U.S. also allows personal data to be transferred to third countries or international organizations without requiring adequate levels of privacy protection, as long as the data subjects have given their consent or the transfer is covered by a mechanism such as the Privacy Shield or the Standard Contractual Clauses.
Some supporters of the European approach to privacy are skeptical about self-regulation of privacy practices because they believe that self-regulation is not effective, consistent, or accountable enough to protect the rights and interests of data subjects. They argue that self-regulation may not provide sufficient incentives or sanctions for industries to comply with privacy rules, or to adopt privacy-enhancing technologies and practices. They also contend that self-regulation may not reflect the views and expectations of data subjects, or address the emerging and complex privacy challenges posed by new technologies and business models.
They also question the transparency and legitimacy of self-regulation, and the ability of data subjects to exercise their rights and seek redress for privacy violations. References:
* IAPP CIPP/US Study Guide, Chapter 1: Introduction to the U.S. Privacy Environment, pp. 9-10, 16-17
* IAPP website, CIPP/US Certification
* NICCS website, Certified Information Privacy Professional/United States (CIPP/US) Training
NEW QUESTION # 34
When designing contact tracing apps in relation to COVID-19 or any other diagnosed virus, all of the following privacy measures should be considered EXCEPT?
Answer: D
Explanation:
Contact tracing apps are designed to help public health authorities track and contain the spread of COVID-19 or any other diagnosed virus by notifying users who have been in close contact with an infected person.
However, these apps also raise privacy concerns, as they collect and process sensitive personal data, such as health status and location information. Therefore, contact tracing apps should follow the principles of privacy by design and default, which means that they should incorporate privacy measures into their development and operation, and offer the highest level of privacy protection to users.
Some of the privacy measures that should be considered when designing contact tracing apps are:
* Data retention: Contact tracing apps should only retain the personal data they collect for as long as necessary to achieve their public health purpose, and delete or anonymize the data afterwards. Data retention periods should be clearly communicated to users and based on scientific evidence and legal requirements.
* Use limitations: Contact tracing apps should only use the personal data they collect for the specific and legitimate purpose of contact tracing, and not for any other purposes, such as commercial, law enforcement, or surveillance. Use limitations should be enforced by technical and organizational measures, such as encryption, access controls, and audits.
* User confidentiality: Contact tracing apps should protect the confidentiality of users' personal data and identity, and not disclose them to third parties without their consent or legal authorization. User confidentiality should be ensured by technical and organizational measures, such as pseudonymization, aggregation, and data minimization.
Opt-out choice, on the other hand, is not a privacy measure that should be considered when designing contact tracing apps, as it would undermine their effectiveness and public health objective. Contact tracing apps rely on voluntary participation and widespread adoption by users to function properly and achieve their purpose.
Therefore, offering users the option to opt out of the app or certain features, such as data sharing or notifications, would reduce the app's coverage and accuracy, and potentially expose users and others to greater health risks. Instead of opt-out choice, contact tracing apps should provide users with clear and transparent information about how the app works, what data it collects and how it uses it, what benefits and risks it entails, and what rights and controls users have over their data. This way, users can make an informed and voluntary decision to use the app or not, based on their own preferences and values.
References:
* [IAPP CIPP/US Study Guide], Chapter 2: Privacy by Design and Default, pp. 35-36.
* [IAPP CIPP/US Body of Knowledge], Section II: Limits on Private-sector Collection and Use of Data, Subsection B: Privacy by Design, pp. 9-10.
* [IAPP Glossary], Terms: Contact Tracing, Privacy by Design, Privacy by Default.
NEW QUESTION # 35
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