Free Access to IAPP.CIPP-US.v2024-06-24.q124 with Valid Practice Test (Page 19)

Question 86

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.
Which act would authorize Evan's undercover investigation?

A.The Whistleblower Protection Act
B.The Stored Communications Act (SCA)
C.The National Labor Relations Act (NLRA)
D.The Fair and Accurate Credit Transactions Act (FACTA)

Correct Answer: B

The Stored Communications Act (SCA) is a federal law that regulates the privacy of electronic communications that are stored by third-party service providers, such as email providers, cloud storage providers, or social media platforms. The SCA prohibits unauthorized access to or disclosure of such communications, unless authorized by law or by the consent of the user or the service provider . The SCA also provides exceptions for certain types of access or disclosure, such as those made for law enforcement purposes, for the protection of the service provider's rights or property, or for the consent of the subscriber or customer .
One of the exceptions to the SCA is where the service provider gives consent to the access or disclosure of the stored communications. This means that if a third-party service provider agrees to cooperate with an investigation or a request for information, the access or disclosure is lawful under the SCA. Consent can be express or implied, depending on the circumstances and the terms of service of the provider. For example, if a service provider has a policy that allows it to disclose user information to third parties for legitimate purposes, the provider has impliedly consented to the access or disclosure of the stored communications. However, if a service provider has a policy that prohibits such disclosure, the provider has not consented to the access or disclosure of the stored communications.
In the scenario, Evan's undercover investigation may have been authorized by the SCA if he obtained the consent of the third-party service provider that stored the electronic communications of the employee who was suspected of misconduct. For instance, if the employee used a company email account or a cloud storage service that had a policy that allowed the service provider to disclose user information to the employer or to law enforcement, Evan may have been able to access or disclose the stored communications with the consent of the service provider. However, if the employee used a personal email account or a cloud storage service that had a policy that protected user privacy and prohibited such disclosure, Evan may have violated the SCA by accessing or disclosing the stored communications without the consent of the service provider.
References: : [Stored Communications Act], 18 U.S.C. §§ 2701-2712 : [IAPP CIPP/US Study Guide], Chapter 8, Section 8.2.2. : [The Stored Communications Act: An Old Statute for Modern Problems], pp.
10-11.

Question 87

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.
Based on the incident, the FTC's enforcement actions against the marketer would most likely include what violation?

A.Intruding upon the privacy of a family with young children.
B.Collecting information from a child under the age of thirteen.
C.Failing to notify of a breach of children's private information.
D.Disregarding the privacy policy of the children's marketing industry.

Question 88

Which of the following practices is NOT a key component of a data ethics framework?

A.Automated decision-making.
B.Preferability testing.
C.Data governance.
D.Auditing.

Question 89

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.Use limitations.
C.Opt-out choice.
D.User confidentiality.

Correct Answer: C

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.
References:
* [IAPP CIPP/US Study Guide], Chapter 2: Privacy by Design and Default, pp. 35-36.
* [IAPP CIPP/US Body of Knowledge], Section II: Limits on Private-sector Collection and Use of Data,
* Subsection B: Privacy by Design, pp. 9-10.
* [IAPP Glossary], Terms: Contact Tracing, Privacy by Design, Privacy by Default.

Question 90

An organization self-certified under Privacy Shield must, upon request by an individual, do what?

A.Suspend the use of all personal information collected by the organization to fulfill its original purpose.
B.Provide the identities of third parties with whom the organization shares personal information.
C.Provide the identities of third and fourth parties that may potentially receive personal information.
D.Identify all personal information disclosed during a criminal investigation.

Question 86

Question 87

Question 88

Question 89

Question 90

Download PDF File