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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q112-Q117):
NEW QUESTION # 112
In which situation is a company operating under the assumption of implied consent?
Answer: A
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 fromrequesting 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 # 113
Which of the following most accurately describes the regulatory status ot pandemic contact-tracing apps in the United States?
Answer: D
Explanation:
In the United States, pandemic contact-tracing apps are regulated under a patchwork of federal and state privacy laws, rather than a single, comprehensive framework. Contact-tracing initiatives often involve the collection and processing of sensitive data, including location and health information, which may fall under different legal regimes depending on the jurisdiction and type of data.
Key Regulations Affecting Contact-Tracing Apps:
* State Privacy Laws:
* States such as California (via the California Consumer Privacy Act - CCPA) and others have privacy laws that may apply to contact-tracing apps, particularly when personal data is collected or shared.
* State-level health privacy laws may also govern how health-related data is collected and used.
* HIPAA:
* HIPAA (Health Insurance Portability and Accountability Act) applies only if the app is used by or on behalf of a covered entity (e.g., healthcare providers or health plans). If the app is operated by a private company without a connection to a HIPAA-covered entity, HIPAA likely does not apply.
* Federal Guidance:
* The Federal Trade Commission (FTC) enforces general privacy protections under Section 5 of the FTC Act, which prohibits unfair or deceptive practices.
* The FTC has also issued guidance on privacy considerations for health-related apps.
* Other Federal and Sector-Specific Laws:
* If the app collects health-related data, it could also trigger obligations under laws like the Americans with Disabilities Act (ADA) or sector-specific rules.
Explanation of Options:
* A. Contact tracing is covered exclusively under the Health Insurance Portability and Accountability Act (HIPAA):This is incorrect. HIPAA applies only to covered entities and their business associates, not broadly to all contact-tracing apps or initiatives.
* B. Contact tracing is regulated by the U.S. Centers for Disease Control and Prevention (CDC):
This is incorrect. While the CDC provides guidance and recommendations for public health, it does not have regulatory authority over contact-tracing apps.
* C. Contact tracing is subject to a patchwork of federal and state privacy laws:This is correct.
Contact-tracing apps in the U.S. are governed by various federal, state, and sector-specific laws, creating a patchwork regulatory framework.
* D. Contact tracing is not regulated in the United States:This is incorrect. While there is no single regulatory framework for contact tracing, the practice is subject to multiple federal and state laws.
References from CIPP/US Materials:
* IAPP CIPP/US Certification Textbook: Discusses the application of HIPAA, state privacy laws, and federal regulations to health-related technologies, including contact-tracing apps.
* FTC Guidance on Health Apps: Details privacy considerations for app developers handling health- related data.
NEW QUESTION # 114
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 homework?" 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
QUESTION s 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.
Depending on where Matt lives, the marketer could be prosecuted for violating which of the following?
Answer: D
NEW QUESTION # 115
SCENARIO
Please use the following to answer the next QUESTION
Noah is trying to get a new job involving the management of money. He has a poor personal credit rating, but he has made better financial decisions in the past two years.
One potential employer, Arnie's Emporium, recently called to tell Noah he did not get a position. As part of the application process, Noah signed a consent form allowing the employer to request his credit report from a consumer reporting agency (CRA). Noah thinks that the report hurt his chances, but believes that he may not ever know whether it was his credit that cost him the job. However, Noah is somewhat relieved that he was not offered this particular position. He noticed that the store where he interviewed was extremely disorganized. He imagines that his credit report could still be sitting in the office, unsecured.
Two days ago, Noah got another interview for a position at Sam's Market. The interviewer told Noah that his credit report would be a factor in the hiring decision. Noah was surprised because he had not seen anything on paper about this when he applied.
Regardless, the effect of Noah's credit on his employability troubles him, especially since he has tried so hard to improve it. Noah made his worst financial decisions fifteen years ago, and they led to bankruptcy. These were decisions he made as a young man, and most of his debt at the time consisted of student loans, credit card debt, and a few unpaid bills - all of which Noah is still working to pay off. He often laments that decisions he made fifteen years ago are still affecting him today.
In addition, Noah feels that an experience investing with a large bank may have contributed to his financial troubles. In 2007, in an effort to earn money to help pay off his debt, Noah talked to a customer service representative at a large investment company who urged him to purchase stocks. Without understanding the risks, Noah agreed. Unfortunately, Noah lost a great deal of money.
After losing the money, Noah was a customer of another financial institution that suffered a large security breach. Noah was one of millions of customers whose personal information was compromised. He wonders if he may have been a victim of identity theft and whether this may have negatively affected his credit.
Noah hopes that he will soon be able to put these challenges behind him, build excellent credit, and find the perfect job.
Consumers today are most likely protected from situations like the one Noah had buying stock because of which federal action or legislation?
Answer: D
Explanation:
The Dodd-Frank Act was established to prevent the risky financial practices that led to the 2007-2008 financial crisis, which included issues similar to Noah's experience with buying stocks without understanding the risks. The act includes provisions forconsumer protection in financial services and aims to prevent abusive practices in the financial industry
NEW QUESTION # 116
Which of the following federal agencies does NOT have regulatory authority related to privacy?
Answer: B
NEW QUESTION # 117
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