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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q173-Q178):

NEW QUESTION # 173
Which of the following is most likely to provide privacy protection to private-sector employees in the United States?

A. The Federal Trade Commission Act (FTC Act)
B. Amendments one, four, and five of the U.S. Constitution
C. The U.S. Department of Health and Human Services (HHS)
D. State law, contract law, and tort law

Answer: D

Explanation:
Explanation/Reference: https://corporate.findlaw.com/law-library/right-to-privacy-in-the-workplace-in-the-information- age.html

NEW QUESTION # 174
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 a background check is used as part of the hiring process
C. When any information is processed by a corporation.
D. When trade secrets are shared with a third party.

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.

NEW QUESTION # 175
Under the California Consumer Privacy Act (as amended by the California Pnvacy Rights Act), a consumer may Initiate a civil action against a business for?

A. Any personal information that is subject to unauthorized access or disclosure.
B. Failure to implement and maintain reasonable security procedures and practices to protect the personal information held.
C. Failure to implement and maintain security practices set out in regulations issued by the California Privacy Protection Agency (CPPA).
D. A security breach of certain categories of personal information that is nonencrypted and nonredacted

Answer: D

Explanation:
Under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), consumers have the right to initiate a civil action if a business fails to adequately protect their personal information and a security breach occurs. This right applies specifically to breaches of certain categories of personal information that are unencrypted and unredacted.
Key Details of CCPA/CPRA Civil Actions:
* Security Breaches:
* A consumer can sue a business if the breach involves personal information such as Social Security numbers, driver's license numbers, or financial account information, provided that the data was unencrypted and unredacted.
* Reasonable Security Practices:
* Businesses are required to implement and maintain reasonable security practices to protect personal information. Failure to do so may expose the business to liability in case of a breach.
* Categories of Data Covered:
* The law specifies that only certain sensitive categories of personal information are actionable under a civil suit.
Explanation of Options:
* A. Any personal information that is subject to unauthorized access or disclosure:This is incorrect.
The civil action is limited to specific sensitive data categories, not all personal information.
* B. A security breach of certain categories of personal information that is nonencrypted and nonredacted:This is correct. Civil actions under the CCPA/CPRA apply to breaches involving specific sensitive data that is not encrypted or redacted.
* C. Failure to implement and maintain reasonable security procedures and practices to protect the personal information held:While this is a requirement under the law, it does not by itself provide grounds for a civil action. A security breach must occur for a consumer to sue.
* D. Failure to implement and maintain security practices set out in regulations issued by the California Privacy Protection Agency (CPPA):This is incorrect. Civil actions are tied to breaches of sensitive data, not a failure to meet specific agency guidelines.
References from CIPP/US Materials:
* CCPA/CPRA (Civil Code § 1798.150): Outlines the private right of action for security breaches involving certain unencrypted and unredacted data.
* IAPP CIPP/US Certification Textbook: Discusses the conditions under which consumers may bring civil actions under the CCPA/CPRA.

NEW QUESTION # 176
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?

A. Data retention.
B. User confidentiality.
C. Use limitations.
D. Opt-out choice.

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.

NEW QUESTION # 177
Which venture would be subject to the requirements of Section 5 of the Federal Trade Commission Act?

A. A city bus system's frequent rider program
B. A national bank's no-fee checking promotion
C. A local nonprofit charity's fundraiser
D. An online merchant's free shipping offer

Answer: D

Explanation:
Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce."1 This prohibition applies to all persons engaged in commerce, including banks, but also exempts some entities, such as nonprofit organizations and common carriers, from FTC jurisdiction.
2 Therefore, among the four options, only an online merchant's free shipping offer would be subject to the requirements of Section 5, as it involves a commercial activity that could potentially mislead or harm consumers. For example, if the online merchant fails to disclose the terms and conditions of the offer, or charges hidden fees, or delivers the products late or damaged, it could violate Section 5 by engaging in a deceptive practice.3 References: 1: Section 5 | Federal Trade Commission 2: Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices, page 13: IAPP CIPP/US Certified Information Privacy Professional Study Guide, page 23.

NEW QUESTION # 178
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