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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q21-Q26):

NEW QUESTION # 21
Federal laws establish which of the following requirements for collecting personal information of minors under the age of 13?

  • A. Implied consent from a minor's parent or guardian before collecting a minor's personal information online, such as when they permit the minor to use the internet.
  • B. Implied consent from a minor's parent or guardian, or affirmative consent from the minor.
  • C. Affirmative consent from a minor's parent or guardian before collecting the minor's personal information online.
  • D. Affirmative consent of a parent or guardian before collecting personal information of a minor offline (e.g., in person), which also satisfies any requirements for online consent.

Answer: C


NEW QUESTION # 22
According to FERPA, when can a school disclose records without a student's consent?

  • A. If the disclosure is to provide transcripts to a school where a student intends to enroll
  • B. If the disclosure would not reveal a student's student identification number
  • C. If the disclosure is not to be conducted through email to the third party
  • D. If the disclosure is to practitioners who are involved in a student's health care

Answer: A

Explanation:
Explanation/Reference: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html


NEW QUESTION # 23
According to the FTC Report of 2012, what is the main goal of Privacy by Design?

  • A. Implementing a system of standardization for privacy notices
  • B. Obtaining consumer consent when collecting sensitive data for certain purposes
  • C. Establishing a system of self-regulatory codes for mobile-related services
  • D. Incorporating privacy protections throughout the development process

Answer: D


NEW QUESTION # 24
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?

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

Answer: D

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.
References: : [Stored Communications Act], 18 U.S.C. §§ 2701-2712 : [IAPP CIPP/US Study Guide], Chapter 8, Section 8.2.2. : [The Stored Communications Act: An Old Statute for Modern Problems], pp.
10-11.


NEW QUESTION # 25
Which of the following best describes an employer's privacy-related responsibilities to an employee who has left the workplace?

  • A. An employer has a responsibility to maintain a former employee's access to computer systems and company data needed to support claims against the company such as discrimination.
  • B. An employer may consider any privacy-related responsibilities terminated, as the relationship between employer and employee is considered primarily contractual.
  • C. An employer has a responsibility to maintain the security and privacy of any sensitive employment records retained for a legitimate business purpose.
  • D. An employer has a responsibility to permanently delete or expunge all sensitive employment records to minimize privacy risks to both the employer and former employee.

Answer: C


NEW QUESTION # 26
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