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

NEW QUESTION # 21
Which was NOT one of the five priority areas listed by the Federal Trade Commission in its 2012 report,
"Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers"?

A. Do Not Track
B. International data transfers
C. Large platform providers
D. Promoting enforceable self-regulatory codes

Answer: A

Explanation:
The Federal Trade Commission (FTC) issued its 2012 report, "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers"1, which outlined a framework for privacy protection based on three main principles: privacy by design, simplified consumer choice, and greater transparency. The report also identified five priority areas for the FTC's privacy enforcement and policy efforts, which were:
* Data brokers
* Large platform providers
* Mobile
* Promoting enforceable self-regulatory codes
* International data transfers
Do Not Track was not one of the five priority areas, but rather a specific mechanism for implementing the principle of simplified consumer choice. The report endorsed the development of a Do Not Track system that would allow consumers to opt out of online behavioral advertising across websites and platforms1. The report also noted the progress made by various stakeholders, such as the World Wide Web Consortium (W3C), the Digital Advertising Alliance (DAA), and browser companies, in advancing the Do Not Track initiative1. References: 1: Federal Trade Commission, Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers (March 2012), available at 1.

NEW QUESTION # 22
What information did the Red Flag Program Clarification Act of 2010 add to the original Red Flags rule?

A. The process for proper disposal of sensitive data.
B. The most common methods of identity theft.
C. The components of an identity theft detection program.
D. The definition of what constitutes a creditor.

Answer: D

Explanation:
The Red Flag Program Clarification Act of 2010 amended the original Red Flags rule, which required certain financial institutions and creditors to develop and implement a written identity theft prevention program. The Clarification Act narrowed the definition of creditor to include only those who regularly and in the ordinary course of business advance funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person12. This excludes creditors who advance funds for expenses incidental to a service provided by the creditor to that person3. References:
* CIPP/US Practice Questions (Sample Questions), Question 133, Answer B, Explanation B.
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 4, Section 4.3, p. 108-
109.
* Red Flag Program Clarification Act of 2010, Section 2, Subsection (b).

NEW QUESTION # 23
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. Publicity given to private life
C. Intrusion upon seclusion
D. Defamation

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 # 24
What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?

A. The ability for the consumer to correct inaccurate credit report information
B. The right to request removal from e-mail lists
C. The truncation of account numbers on credit card receipts
D. Consumer notice when third-party data is used to make an adverse decision

Answer: A

NEW QUESTION # 25
According to FERPA, when can a school disclose records without a student's consent?

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

Answer: C

NEW QUESTION # 26
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