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IAPP CIPP-US (Certified Information Privacy Professional/United States) Exam is a certification exam that assesses an individual's knowledge of privacy laws and regulations in the United States. CIPP-US exam is designed to evaluate the candidate's ability to implement privacy laws and regulations to protect personal information, as well as their understanding of the U.S. privacy landscape. The CIPP/US certification is highly regarded in the privacy industry, and it is recognized as a benchmark for privacy professionals in the U.S.
IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q140-Q145):
NEW QUESTION # 140
Under the Driver's Privacy Protection Act (DPPA), which of the following parties would require consent of an individual in order to obtain his or her Department of Motor Vehicle information?
- A. Insurance companies needing to investigate claims.
- B. Attorneys gathering information related to lawsuits.
- C. Law enforcement agencies performing investigations.
- D. Marketers wishing to distribute bulk materials.
Answer: D
Explanation:
The Driver's Privacy Protection Act (DPPA) is a federal law that regulates the disclosure of personal information obtained by state departments of motor vehicles (DMVs). The DPPA prohibits DMVs and other entities that receive such information from DMVs from disclosing it to anyone without the express consent of the individual to whom the information pertains, unless the disclosure falls under one of the 14 exceptions listed in the statute.
Some of the exceptions that allow disclosure of personal information from DMV records without consent are:
* For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions.
* For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
* For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
* For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court.
* For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
* For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.
* For use in providing notice to the owners of towed or impounded vehicles.
* For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
* For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial copyright that is required under chapter 313 of title 49.
* For use in connection with the operation of private toll transportation facilities.
* For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.
None of the exceptions above apply to the use of personal information from DMV records by marketers wishing to distribute bulk materials. Therefore, such use would require the consent of the individual to whom the information pertains, according to the DPPA. Hence, option D is the correct answer.
Option A is incorrect, as law enforcement agencies performing investigations are exempt from the consent requirement under the first exception.
Option B is incorrect, as insurance companies needing to investigate claims are exempt from the consent requirement under the sixth exception.
Option C is incorrect, as attorneys gathering information related to lawsuits are exempt from the consent requirement under the fourth exception.
References:
* [IAPP CIPP/US Study Guide], Chapter 8: Federal Privacy Laws, pp. 181-182.
* CIPP/US Practice Questions (Sample Questions), Question 31.
NEW QUESTION # 141
Under the Telemarketing Sales Rule, what characteristics of consent must be in place for an organization to acquire an exception to the Do-Not-Call rules for a particular consumer?
- A. The consent must be in writing, must contain the number to which calls can be made and must have an end date
- B. The consent must be in writing, must state the times when calls can be made to the consumer and must be signed
- C. The consent must be in writing, must contain the number to which calls can be made and must be signed
- D. The consent must be in writing, must have an end data and must state the times when calls can be made
Answer: A
NEW QUESTION # 142
According to Section 5 of the FTC Act, self-regulation primarily involves a company's right to do what?
- A. Decide if any enforcement actions are justified
- B. Adhere to its industry's code of conduct
- C. Appeal decisions made against it
- D. Determine which bodies will be involved in adjudication
Answer: B
Explanation:
See IAPP book, Section 3.10, paragraph 2.
NEW QUESTION # 143
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.
Based on the way he uses social media, Evan is susceptible to a lawsuit based on?
- A. Discrimination
- B. Defamation
- C. Publicity given to private life
- D. Intrusion upon seclusion
Answer: A
Explanation:
Discrimination is the unfair or prejudicial treatment of people based on certain characteristics, such as race, gender, age, religion, or political affiliation. Discrimination can occur in various contexts, such as employment, education, housing, or public accommodations. Discrimination can violate federal, state, or local laws that prohibit discrimination on the basis of protected categories. In the scenario, Evan is susceptible to a lawsuit based on discrimination because he uses social media to favor employees who share his political views and deny promotions to those who do not. This could constitute political discrimination, which is prohibited by some state and local laws, such as the District of Columbia Human Rights Act and the New York City Human Rights Law. Additionally, Evan's use of social media could reveal other protected characteristics of his employees, such as their race, gender, age, religion, or sexual orientation, and expose him to claims of discrimination based on those grounds as well. For example, if Evan posts derogatory comments about a certain race or religion, and then denies a promotion to an employee of that race or religion, that employee could sue Evan for discrimination under federal laws, such as Title VII of the Civil Rights Act of 1964 or the Civil Rights Act of 1991. References:
* Political Discrimination in the Workplace | Nolo
* Social Media and Employment Law Summary of Key Cases and Legal Issues
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 4: State Privacy Laws and Regulations, Section 4.1: State Anti-Discrimination Laws.
NEW QUESTION # 144
SCENARIO
Please use the following to answer the next QUESTION:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in state A.
HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo. CloudHealth stores the data in state B.
As part of HealthCo's business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement security measures, including industry standard encryption practices, to adequately protect the data. However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals - ones that exposed the PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual's ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient's attorney has submitted a discovery request for the ePHI exposed in the breach.
Of the safeguards required by the HIPAA Security Rule, which of the following is NOT at issue due to HealthCo's actions?
- A. Security Safeguards
- B. Administrative Safeguards
- C. Technical Safeguards
- D. Physical Safeguards
Answer: A
NEW QUESTION # 145
......
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