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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q61-Q66):

NEW QUESTION # 61
In 2014, Google was alleged to have violated the Family Educational Rights and Privacy Act (FERPA) through its Apps for Education suite of tools. For what specific practice did students sue the company?

A. Making student education records publicly available
B. Scanning emails sent to and received by students
C. Disclosing education records without obtaining required consent
D. Relying on verbal consent for a disclosure of education records

Answer: B

Explanation:
The lawsuit, filed in 2014, claimed that Google violated the federal and state wiretap and privacy laws by scanning and indexing the emails of millions of students who used its Apps for Education suite, which included Gmail as a key feature12. The plaintiffs alleged that Google used the information from the scans to build profiles of students that could be used for targeted advertising or other commercial purposes, without their consent or knowledge12. The lawsuit also challenged Google's argument that the students consented to the scans when they first logged in to their accounts, saying that such consent was not valid under FERPA, which requires written consent for any disclosure of education records12. Google denied the allegations and argued that the scans were necessary for providing security, spam protection, and other functionality to the users12. The case was settled in 2016, with Google agreeing to change some of its practices and policies regarding the scanning of student emails3. References: 1: Lawsuit Alleges That Google Has Crossed A
'Creepy Line' With Student Data, Huffington Post, 1. 2: Google faces lawsuit over email scanning and student data, The Guardian, 2. 3: Google data case to be heard in Supreme Court, BBC, 3.

NEW QUESTION # 62
Which of the following is an example of federal preemption?

A. The U.S. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act prohibiting states from passing laws that impose greater obligations on senders of email marketing.
B. The California Consumer Privacy Act (CCPA) regulating businesses that have no physical brick-and-mortal presence in California, but which do business there.
C. The U.S. Federal Trade Commission's (FTC) ability to enforce against unfair and deceptive trade practices across sectors and industries.
D. The Payment Card Industry's (PCI) ability to self-regulate and enforce data security standards for payment card data.

Answer: A

NEW QUESTION # 63
Which federal agency plays a role in privacy policy, but does NOT have regulatory authority?

A. The Department of Commerce.
B. The Department of Transportation.
C. The Federal Communications Commission.
D. The Office of the Comptroller of the Currency.

Answer: A

Explanation:
The Department of Commerce (DOC) plays a role in privacy policy by promoting the development and adoption of voluntary codes of conduct, standards, and best practices for the private sector, as well as facilitating cross-border data transfers through mechanisms such as the EU-U.S. Privacy Shield and the APEC Cross-Border Privacy Rules. However, the DOC does not have regulatory authority to enforce privacy laws or impose sanctions for privacy violations. The other agencies listed have some degree of regulatory authority over privacy issues within their respective domains. For example, the Office of the Comptroller of the Currency (OCC) supervises national banks and federal savings associations and enforces the GLBA privacy and security rules for these institutions. The Federal Communications Commission (FCC) regulates interstate and international communications and enforces the privacy and security rules for telecommunications carriers, broadband providers, and voice over internet protocol (VoIP) services. The Department of Transportation (DOT) oversees the transportation sector and enforces the privacy and security rules for airlines, travel agents, and other covered entities under the Aviation and Transportation Security Act (ATSA). References:
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 1: Introduction to the
U.S. Privacy Environment, Section 1.3: Federal Agencies with a Role in Privacy, p. 18-19
* IAPP CIPP/US Body of Knowledge, Domain I: Introduction to the U.S. Privacy Environment, Objective I.B: Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 7
* IAPP CIPP/US Exam Blueprint, Domain I: Introduction to the U.S. Privacy Environment, Objective I.
B: Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 3

NEW QUESTION # 64
SCENARIO
Please use the following to answer the next QUESTION
When there was a data breach involving customer personal and financial information at a large retail store, the company's directors were shocked. However, Roberta, a privacy analyst at the company and a victim of identity theft herself, was not. Prior to the breach, she had been working on a privacy program report for the executives. How the company shared and handled data across its organization was a major concern. There were neither adequate rules about access to customer information nor procedures for purging and destroying outdated data. In her research, Roberta had discovered that even low- level employees had access to all of the company's customer data, including financial records, and that the company still had in its possession obsolete customer data going back to the 1980s.
Her report recommended three main reforms. First, permit access on an as-needs-to-know basis. This would mean restricting employees' access to customer information to data that was relevant to the work performed.
Second, create a highly secure database for storing customers' financial information (e.g., credit card and bank account numbers) separate from less sensitive information. Third, identify outdated customer information and then develop a process for securely disposing of it.
When the breach occurred, the company's executives called Roberta to a meeting where she presented the recommendations in her report. She explained that the company having a national customer base meant it would have to ensure that it complied with all relevant state breach notification laws. Thanks to Roberta's guidance, the company was able to notify customers quickly and within the specific timeframes set by state breach notification laws.
Soon after, the executives approved the changes to the privacy program that Roberta recommended in her report. The privacy program is far more effective now because of these changes and, also, because privacy and security are now considered the responsibility of every employee.
Based on the problems with the company's privacy security that Roberta identifies, what is the most likely cause of the breach?

A. Unintended disclosure of information shared with a third party.
B. Lost company property such as a computer or flash drive.
C. Mishandling of information caused by lack of access controls.
D. Fraud involving credit card theft at point-of-service terminals.

Answer: C

Explanation:
The scenario describes how the company had no adequate rules about access to customer information and how low-level employees had access to all of the company's customer data, including financial records. This indicates that the company did not implement proper access controls to limit who can access, use, or disclose customer information based on their roles and responsibilities. Access controls are one of the key elements of information security and privacy, as they help prevent unauthorized or inappropriate access to sensitive data.
Without access controls, the company's customer information was vulnerable to mishandling by employees or outsiders who could exploit the weak security measures. Therefore, the most likely cause of the breach was mishandling of information caused by lack of access controls. References:
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 4: Information Management from a U.S. Perspective, Section 4.2: Information Security, p. 113-114
* IAPP CIPP/US Body of Knowledge, Domain I: Introduction to the U.S. Privacy Environment, Objective I.C: Describe the role of information security in privacy, Subobjective I.C.1: Identify the key elements of information security, p. 8

NEW QUESTION # 65
In the US, II is a best practice (and in some states a requirement) to conduct a data protection assessment in which instance?

A. When technology is used to monitor employees.
B. When any information is processed by a corporation.
C. When trade secrets are shared with a third party.
D. When a background check is used as part of the hiring process

Answer: A

Explanation:
In the U.S., it is a best practice and, in some states, a requirement to conduct a data protection impact assessment (DPIA) or similar evaluation when technology is used to monitor employees. This practice aligns with privacy principles aimed at ensuring that monitoring practices are proportionate, necessary, and lawful, while minimizing potential harm to employees' privacy.
Why Conduct a DPIA When Monitoring Employees?
* Employee Privacy Risks: Monitoring technologies, such as video surveillance, keystroke logging, or location tracking, can significantly impact employees' privacy. Assessments help evaluate these risks and ensure compliance with applicable privacy laws.
* State-Specific Requirements: Some states, like California under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), require businesses to implement privacy safeguards, including assessments for high-risk activities involving sensitive data.
* Best Practices: Even when not legally required, conducting a DPIA demonstrates accountability and helps mitigate risks associated with employee privacy violations.
Explanation of Options:
* A. When a background check is used as part of the hiring process:While background checks involve sensitive data and compliance with laws like the Fair Credit Reporting Act (FCRA), a DPIA is not typically required for this process. Instead, consent and notice are emphasized.
* B. When any information is processed by a corporation:This is too broad. DPIAs are generally reserved for high-risk activities involving sensitive data or technologies, not for all data processing activities.
* C. When trade secrets are shared with a third party:Sharing trade secrets involves contractual and confidentiality measures, but it does not usually necessitate a data protection assessment unless personal data is also involved.
* D. When technology is used to monitor employees:This is correct. Monitoring employees with technology poses significant privacy risks, making it a best practice (and sometimes a requirement) to assess the impacts on privacy and ensure compliance with state and federal laws.
References from CIPP/US Materials:
* California Privacy Rights Act (CPRA): Introduces risk assessments for certain data processing activities.
* IAPP CIPP/US Certification Textbook: Discusses privacy risks associated with employee monitoring and the importance of impact assessments.

NEW QUESTION # 66
......

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