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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q204-Q209):

NEW QUESTION # 204
In 2012, the White House and the FTC both issued reports advocating a new approach to privacy enforcement that can best be described as what?

A. Comprehensive.
B. Self-regulatory.
C. Notice and choice.
D. Harm-based.

Answer: A

Explanation:
In 2012, the White House released a report titled "Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy", which proposed a Consumer Privacy Bill of Rights based on the Fair Information Practice Principles (FIPPs). The report called for a comprehensive privacy framework that would apply to all commercial sectors and all personal data, regardless of the technology or business model involved. The report also urged Congress to enact legislation to implement the framework and empower the FTC to enforce it. Similarly, the FTC released a report titled
"Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers", which outlined a set of best practices for businesses to protect consumer privacy and foster innovation. The report also advocated for a comprehensive privacy framework that would cover both online and offline data, and apply to all entities that collect or use consumer data that can be reasonably linked to a specific consumer, computer, or device. The report also recommended that Congress consider enacting baseline privacy legislation and giving the FTC rulemaking authority to implement it. Therefore, both reports can be described as advocating a comprehensive approach to privacy enforcement, rather than a harm-based, self-regulatory, or notice and choice approach. References: White House Report, FTC Report, IAPP CIPP/US Study Guide (p. 31-32)

NEW QUESTION # 205
What is a legal document approved by a judge that formalizes an agreement between a governmental agency and an adverse party called?

A. A consent decree
B. Common law judgment
C. Stare decisis decree
D. A judgment rider

Answer: A

Explanation:
A consent decree is a legal document that resolves a dispute between a governmental agency and an adverse party without admission of guilt or liability by either side. It is approved by a judge and has the force of a court order. A consent decree may include terms such as compliance, monitoring, reporting, or remediation. A consent decree is often used to settle civil enforcement actions brought by federal agencies such as the Federal Trade Commission (FTC), the Environmental Protection Agency (EPA), or the Department of Justice (DOJ). References:
* IAPP Glossary, entry for "consent decree"
* [IAPP CIPP/US Study Guide], p. 39, section 2.1.3
* [IAPP CIPP/US Body of Knowledge], p. 9, section B.1.a

NEW QUESTION # 206
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 network?" 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 Questions 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.
How could the marketer have best changed its privacy management program to meet COPPA "Safe Harbor" requirements?

A. By making a COPPA privacy notice available on website
B. By participating in an approved self-regulatory program
C. By receiving FTC approval for the content of its emails
D. By regularly assessing the security risks to consumer privacy

Answer: B

Explanation:
The Children's Online Privacy Protection Act (COPPA) is a federal law that protects the privacy of children under 13 who use online sites and services. COPPA requires operators of such sites and services to obtain verifiable parental consent before collecting, using, or disclosing personal information from children, and to provide notice of their information practices to parents and the public. COPPA also gives parents the right to access, review, and delete their children's personal information, and to limit further collection or use of such information.1 One way for operators to comply with COPPA is to participate in an approved self-regulatory program, also known as a "safe harbor" program. These are programs that are run by industry groups or other organizations that set and enforce standards for privacy protection that meet or exceed the requirements of COPPA.
Operators that join a safe harbor program and follow its guidelines are deemed to be in compliance with COPPA and are subject to the review and disciplinary procedures of the program instead of FTC enforcement actions. The FTC has approved several safe harbor programs, such as CARU, ESRB, iKeepSafe, kidSAFE, PRIVO, and TRUSTe.2 By participating in an approved self-regulatory program, the marketer in the scenario could have best changed its privacy management program to meet COPPA "Safe Harbor" requirements. This would mean that the marketer would have to adhere to the guidelines of the program, which would likely include obtaining verifiable parental consent before collecting personal information from children, providing clear and prominent privacy notices on its website and emails, honoring parents' choices and requests regarding their children's data, and ensuring the security and confidentiality of the data collected. The marketer would also benefit from the oversight and assistance of the program in ensuring compliance and resolving any complaints or disputes.3 References: 1: Complying with COPPA: Frequently Asked Questions4, Section A2: COPPA Safe Harbor Program3: IAPP CIPP/US Certified Information Privacy Professional Study Guide, page 143.

NEW QUESTION # 207
Which of the following best describes private-sector workplace monitoring in the United States?

A. U.S. federal law restricts monitoring only to industries for which it is necessary
B. Employers have broad authority to monitor their employees
C. Most employees are protected from workplace monitoring by the U.S. Constitution
D. Judgments in private lawsuits have severely limited the monitoring of employees

Answer: B

Explanation:
In the United States, there is no comprehensive federal law that regulates employee monitoring in the private sector. Instead, there are various federal and state laws that address specific aspects of monitoring, such as electronic communications, video surveillance, GPS tracking, and biometric data. Generally, these laws provide more protection for employees' privacy when they are using their own devices or personal accounts, or when they are outside of work hours or premises. However, when employees are using company-owned devices or accounts, or when they are performing work- related tasks, employers have broad authority to monitor their activities, as long as they have a legitimate business interest and do not violate any specific laws.
Employers are also advised to inform employees of their monitoring practices and obtain their consent, either explicitly or implicitly, to avoid potential legal disputes or employee backlash.

NEW QUESTION # 208
Global Manufacturing Co's Human Resources department recently purchased a new software tool. This tool helps evaluate future candidates for executive roles by scanning emails to see what those candidates say and what is said about them. This provides the HR department with an automated "360 review" that lets them know how the candidate thinks and operates, what their peers and direct reports say about them, and how well they interact with each other.
What is the most important step for the Human Resources Department to take when implementing this new software?

A. Providing notice to employees that their emails will be scanned by the software and creating automated profiles.
B. Ensuring that the software contains a privacy notice explaining that employees have no right to privacy as long as they are running this software on organization systems to scan email systems.
C. Making sure that the software does not unintentionally discriminate against protected groups.
D. Confirming that employees have read and signed the employee handbook where they have been advised that they have no right to privacy as long as they are using the organization's systems, regardless of the protected group or laws enforced by EEOC.

Answer: A

Explanation:
The most important step for the HR department to take when implementing this new software is to provide notice to employees that their emails will be scanned by the software and creating automated profiles. This is because the software involves the collection and use of personal information from employees, which may implicate their privacy rights and expectations. By providing notice, the HR department can inform employees about the purpose, scope, and consequences of the software, as well as their choices and rights regarding their data. Notice is also a key element of transparency and accountability, which are essential principles of privacy management. Providing notice can also help the HR department comply with various privacy laws and regulations that may apply to the software, such as the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), the Fair Credit Reporting Act (FCRA), and state privacy laws. Notice can also help the HR department avoid potential legal risks and liabilities that may arise from the software, such as claims of invasion of privacy, breach of contract, or violation of employee rights. References:
* U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 4, Section 4.2.1, pp. 97-98.
* U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 5, Section 5.2.1, pp. 125-126.
* U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 6, Section 6.2.1, pp. 153-154.
* IAPP CIPP/US Certified Information Privacy Professional Study Guide by Mike Chapple and Joe Shelley, Chapter 4, Section 4.1, pp. 113-114.

NEW QUESTION # 209
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