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Certified Information Privacy Professional/United States (CIPP/US)

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Question: 645

arrant is always required for both real-time and stored communication access.

arrant is required to access stored voice mail messages but not for real-time communication enforcement can access any telephone records without a warrant.

enforcement can access any communications if they notify the service provider. er: A

nation: The Electronic Communications Privacy Act (ECPA) establishes that law enforcemen a warrant to access both real-time and stored communications, thereby upholding a higher rd of privacy protection.

ion: 646

of the following states has a unique law that mandates businesses to notify individuals "wit onable delay," but does not define what constitutes "unreasonable delay"?

uth Dakota rida

vada nois

er: C

Which of the following best describes the limitations placed on law enforcement's access to telephone communications under the Electronic Communications Privacy Act (ECPA)?

1. A w

2. A w s.

3. Law

4. Law Answ

Expla t must

obtain standa

Quest

Which hout

unreas

1. So

2. Flo

3. Ne

4. Illi Answ

Explanation: Nevada law requires notification "without unreasonable delay," but lacks a clear definition, which can lead to ambiguity in compliance.

Question: 647

What does the FTC's COPPA (Children's Online Privacy Protection Act) primarily regulate?

1. The collection of health information from children under 13 years old

2. The sale of children's personal information for marketing purposes

3. The advertising of health-related products to children

4. The online collection of personal information from children under 13 Answer: D

Explanation: COPPA regulates the online collection of personal information from children under 13 years old, requiring parental consent before collecting data from children in this age group.

ion: 648

the primary legal basis for law enforcement to obtain access to a suspect's email communi he ECPA if those emails are stored on a server for over 180 days?

arrant is required for any access. egal process is necessary for access. ubpoena is sufficient for access.

ly user consent is required for access. er: C

nation: Under the ECPA, if emails are stored for over 180 days, law enforcement can access subpoena, reflecting a lower threshold for older stored communications compared to real-ti

ion: 649

of the following is a critical factor for employers to consider when monitoring employee unications to remain compliant with privacy regulations?

nitoring should be done secretly to avoid employee backlash

Quest

What is cations

under t

1. A w

2. No l

3. A s

4. On

Answ

Expla them

with a me

access.

Quest

Which comm

1. Mo

2. Employers can monitor without consent as long as it is for business purposes

3. Employees should be informed about the types of communications being monitored

4. Monitoring should be limited to personal communications only Answer: C

Explanation: Employers should inform employees about the types of communications being monitored to ensure compliance with privacy regulations and foster a culture of transparency.

Question: 650

SCENARIO

Please use the following to answer the next question.

A major corporation is planning to launch a new app that will collect extensive user data, including location and health information. The legal team has advised that the corporation must ensure explicit user consent for data collection. What is the most effective way to secure this consent from users?

1. Use implied consent through app installation

   lude consent within the terms of service sume consent if users do not opt-out

   
   

   er: B

   
   

   nation: Providing a clear opt-in mechanism with detailed explanations of data usage ensures re fully informed and can give explicit consent for their data to be collected.

   
   

   ion: 651

   
   

   of the following does NOT fall under the definition of "protected health information" (PHI)

   ?

   
   

   atient's medical history

   atient's name in a publicly available directory atient's billing information

   atient's test results shared with a healthcare provider er: B

   nation: PHI refers to individually identifiable health information that is transmitted or mainta rm. A patient's name in a publicly available directory is not considered PHI because it is not dually identifiable in the context of health information.

   Provide a clear opt-in mechanism with detailed explanations of data usage

2. Inc

3. As

Answ

Expla that

users a

Quest

Which as per

HIPAA

1. A p

2. A p

3. A p

4. A p

Answ

Expla ined in

any fo indivi

Question: 652

In the context of civil litigation, which of the following types of information would most likely be protected by the journalist's privilege when a court considers a motion to compel disclosure?

1. Public records obtained by the journalist

2. Confidential sources and unpublished notes

3. Interviews with government officials

4. Published articles that reference private individuals Answer: B

Explanation: The journalist's privilege is designed to protect confidential sources and unpublished materials, distinguishing them from information that is publicly available or widely disseminated.

the California Consumer Privacy Act (CCPA), which of the following actions can consumer ing their personal information?

businesses for any collection of their data

quest information about the categories of personal data collected quire businesses to delete all records of their data without exceptions vent businesses from collecting data altogether

er: B

nation: Under the CCPA, consumers have the right to request information about the categorie al data collected by businesses, among other rights, but they cannot prevent all data collectio

ion: 654

of the following best illustrates the principle of "informed consent" in the context of U.S. p

ers implicitly agree to terms by using a service.

nsumers are provided with clear information about data collection practices and must activel m.

mpanies disclose privacy policies without requiring user acknowledgment. nsent is assumed when data is aggregated and anonymized.

Question: 653

Under s take

regard

1. Sue

2. Re

3. Re

4. Pre Answ

Expla s of

person n.

Quest

Which rivacy

laws?

1. Us

2. Co y agree

   to the

3. Co

4. Co

Answer: B

Explanation: "Informed consent" requires that consumers receive clear information regarding data collection practices and must actively agree to them, ensuring they understand what they are consenting to.

Question: 655

When a party engages in electronic discovery, which of the following best describes the concept of "meet and confer" as mandated by the Federal Rules of Civil Procedure?

1. A formal court hearing to decide on disputes over ESI

2. A requirement for parties to submit written discovery requests

3. A mandatory session to discuss settlement options

4. An informal negotiation between parties to outline discovery processes Answer: D

nation: The "meet and confer" requirement mandates parties to engage in good faith discussi ing the discovery process, including the scope and timing of ESI production.

ion: 656

state law mandates that any business that experiences a data breach must notify affected res 30 days, and includes specific provisions for notices sent to the state attorney general?

vada Revised Statutes York SHIELD Act

ifornia Consumer Privacy Act ssachusetts General Laws

er: B

nation: The New York SHIELD Act requires businesses to notify affected individuals within nd includes provisions for notification to the attorney general.

ion: 657

legal term refers to the obligation of organizations to take reasonable measures to protect p

Expla ons

regard

Quest

Which idents

within

1. Ne

2. New

3. Cal

4. Ma

Answ

Expla 30

days a

Quest

Which ersonal

information from unauthorized access or disclosure?

1. Data minimization

2. Privacy by design

3. Implied consent

4. Duty of care Answer: D

Explanation: The "duty of care" refers to the legal obligation of organizations to implement reasonable

measures to protect personal information from unauthorized access or disclosure.

Question: 658

In the context of civil litigation, what is the primary legal principle regarding compelled disclosure of media information that protects journalists from revealing their sources, particularly under state shield laws?

source must be a public figure

journalist must waive their right to confidentiality information must be deemed critical to the case

er: D

nation: Most state shield laws protect journalists from being compelled to disclose their sourc the information is deemed critical to the case, establishing a balance between the right to a fair nd the freedom of the press.

ion: 659

t comes to the enforcement of privacy laws by the CPPA, which of the following statement te regarding the agency's capacity to issue regulations?

CPPA has no authority to create regulations under the CCPA. CPPA can only recommend regulations to the California legislature.

CPPA is empowered to issue regulations that clarify the provisions of the CCPA and establ ement mechanisms.

CPPA can only enforce existing federal regulations without creating new rules. er: C

Expla es

unless trial a

Quest

When i s is

accura

1. The

2. The

3. The ish

   enforc

4. The Answ

Explanation: The CPPA is empowered to issue regulations that clarify the provisions of the CCPA and establish necessary enforcement mechanisms, enhancing the law's effectiveness.

Question: 660

In the context of the FTC's enforcement of privacy regulations, what is the significance of "unfair or deceptive acts or practices"?

1. The FTC utilizes this standard to evaluate and potentially penalize companies for failing to uphold their privacy commitments.

2. These practices are only applicable to large corporations and not small businesses.

3. These acts are solely based on consumer complaints and do not require FTC investigation.

4. The concept is primarily concerned with financial fraud rather than privacy issues. Answer: A

ion: 661

the CCPA, which of the following rights is granted specifically to California consumers reg ersonal information?

right to request the deletion of their personal information without exception. right to sue any business for any data privacy violation.

right to receive a monetary compensation for data breaches.

right to opt-out of the sale of their personal information to third parties. er: D

nation: The CCPA grants California consumers the explicit right to opt-out of the sale of thei al information to third parties, enhancing their control over their personal data.

ion: 662

litigation, what is the primary legal rationale for a court's decision to quash a subpoena see oduction of a journalist's notes related to a high-profile investigation?

Explanation: The FTC utilizes the standard of "unfair or deceptive acts or practices" to evaluate and potentially penalize companies for failing to uphold their privacy commitments, which is a cornerstone of its enforcement actions.

Quest

Under arding

their p

1. The

2. The

3. The

4. The Answ

Expla r

person

Quest

In civil king

the pr

1. The notes are considered public records

2. The journalist's right to free speech is paramount

3. The information is deemed irrelevant to the case

4. The potential for chilling effects on journalistic practices Answer: D

Explanation: Courts often quash subpoenas for journalists' notes to prevent chilling effects on journalistic practices, recognizing the importance of protecting sources and the free flow of information.