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The CIPP-US Exam covers a wide range of topics related to privacy laws and regulations, including data protection, privacy management, information security, and compliance. It is designed to test the knowledge and skills of individuals who work in the field of privacy, including privacy officers, legal professionals, and information security professionals.
IAPP CIPP-US certification is an excellent choice for individuals who work with data privacy laws and regulations in the United States, and who are looking to advance their careers in this field. With its rigorous exam, comprehensive coverage of US privacy laws and regulations, and widespread recognition in the industry, the CIPP-US Certification is an excellent investment for anyone looking to build a successful career in data privacy.
IAPP CIPP-US Certification Exam is a globally recognized certification program that tests the knowledge and skills of professionals who work with personal data in the United States. CIPP-US exam covers a wide range of topics related to US privacy laws and regulations, data protection, information security, and risk management. Certified Information Privacy Professional/United States (CIPP/US) certification is ideal for professionals who work in legal, compliance, risk management, IT, and data security and is recognized by employers worldwide.
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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q105-Q110):
NEW QUESTION # 105
Under the Telemarketing Sales Rule, what characteristics of consent must be in place for an organization to acquire an exception to the Do-Not-Call rules for a particular consumer?
- A. The consent must be in writing, must have an end data and must state the times when calls can be made
- B. The consent must be in writing, must contain the number to which calls can be made and must be signed
- C. The consent must be in writing, must state the times when calls can be made to the consumer and must be signed
- D. The consent must be in writing, must contain the number to which calls can be made and must have an end date
Answer: B
Explanation:
The Telemarketing Sales Rule (TSR) is a federal regulation that applies to telemarketing calls, which are defined as "a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call."1 The TSR requires telemarketers to make specific disclosures, prohibit misrepresentations, limit the times and number of calls, and set payment restrictions for the sale of certain goods and services. TheTSR also gives consumers the right to opt out of receiving telemarketing calls by registering their phone numbers on the National Do Not Call Registry.2 The TSR applies to both for-profit and not-for-profit organizations, but there are some exemptions and partial exemptions for certain types of entities, calls, and transactions. For example, the TSR does not apply to nonprofit organizations calling on their own behalf, as they are not considered to be engaged in telemarketing.
However, if a nonprofit organization hires a for-profit telemarketer or telefunder to solicit charitable contributions on its behalf, the for-profit entity must comply with the TSR, as it is engaged in telemarketing.
Similarly, the TSR does not apply to for-profit organizations calling businesses when a binding contract exists between them, as they are not considered to be inducing the purchase of goods or services. However, if a for-profit organization calls businesses to sell additional services to established customers, the TSR applies, as it is considered to be inducing the purchase of goods or services.3 Therefore, among the four options, only for-profit organizations and for-profit telefunders regarding charitable solicitations must comply with the TSR, as they are engaged in telemarketing and do not fall under any of the exemptions or partial exemptions. References: 1: eCFR :: 16 CFR Part 310 - Telemarketing Sales Rule3, Section 310.22: Telemarketing Sales Rule | Federal Trade Commission1, Rule Summary3: Complying with the Telemarketing Sales Rule - Federal Trade Commission2, Exemptions to the TSR.
NEW QUESTION # 106
Which of these organizations would be required to provide its customers with an annual privacy notice?
- A. The King County Savings and Loan.
- B. The Golden Gavel Auction House.
- C. The Breezy City Housing Commission.
- D. The Four Winds Tribal College.
Answer: A
NEW QUESTION # 107
SCENARIO
Please use the following to answer the next QUESTION:
A US-based startup company is selling a new gaming application. One day, the CEO of the company receives an urgent letter from a prominent EU-based retail partner. Triggered by an unresolved complaint lodged by an EU resident, the letter describes an ongoing investigation by a supervisory authority into the retailer's data handling practices.
The complainant accuses the retailer of improperly disclosing her personal data, without consent, to parties in the United States. Further, the complainant accuses the EU-based retailer of failing to respond to her withdrawal of consent and request for erasure of her personal data. Your organization, the US-based startup company, was never informed of this request for erasure by the EU-based retail partner. The supervisory authority investigating the complaint has threatened the suspension of data flows if the parties involved do not cooperate with the investigation. The letter closes with an urgent request: "Please act immediately by identifying all personal data received from our company." This is an important partnership. Company executives know that its biggest fans come from Western Europe; and this retailer is primarily responsible for the startup's rapid market penetration.
As the Company's data privacy leader, you are sensitive to the criticality of the relationship with the retailer.
Under the General Data Protection Regulation (GDPR), how would the U.S.-based startup company most likely be classified?
- A. As a data controller
- B. As a data manager
- C. As a data processor
- D. As a data supervisor
Answer: C
Explanation:
The data privacy leader needs to identify all the personal data that the Company has received from the retailer, as well as the purposes, retention periods, and sharing practices of such data. Since the data inventory is obsolete, the data privacy leader cannot rely on it to provide accurate and complete information. Therefore, the next best source of information is to interview the key marketing personnel who are responsible for the partnership with the retailer and the use of the personal data. The marketing personnel can provide insights into the data flows, the data categories, the data processing activities, and the data protection measures that the Company has implemented. They can also help the data privacy leader to locate the relevant documents, contracts, and records that can support the investigation. References: [IAPP CIPP/US Study Guide], Chapter 5:
Data Management, p. 97-98; IAPP Privacy Tech Vendor Report, Data Mapping and Inventory, p. 9-10.
NEW QUESTION # 108
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 homework?" 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 question 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.
Depending on where Matt lives, the marketer could be prosecuted for violating which of the following?
- A. Unfair and Deceptive Acts and Practices laws.
- B. Red Flag Rules.
- C. Consumer Bill of Rights.
- D. Investigative Consumer Reporting Agencies Act.
Answer: A
Explanation:
The marketer could be prosecuted for violating the Unfair and Deceptive Acts and Practices (UDAP) laws, which are enforced by the Federal Trade Commission (FTC) and state attorneys general. UDAP laws prohibit businesses from engaging in unfair or deceptive practices that harm consumers, such as false advertising, misleading claims, or hidden fees. In this scenario, the marketer could be accused of deceiving children into providing personal information and preferences under the guise of a survey and a contest, without obtaining verifiable parental consent or disclosing how the information will be used or shared. This could also violate the Children's Online Privacy Protection Act (COPPA), which is a federal law that regulates the online collection and use of personal information from children under 13 years of age. References:
* [IAPP CIPP/US Study Guide], Chapter 5: Enforcement of Privacy and Security, pp. 177-178.
* IAPP CIPP/US Body of Knowledge, Section II: Limits on Private-sector Collection and Use of Data, Subsection A: Government and Court Access to Private-sector Information, Topic 2: Unfair and Deceptive Trade Practices.
* IAPP CIPP/US Practice Questions, Question 27.
NEW QUESTION # 109
SCENARIO
Please use the following to answer the next question:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in statea.
HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo.
CloudHealth stores the data in state B. As part of HealthCo's business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement security measures, including industry standard encryption practices, to adequately protect the data. However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals ?ones that exposed the PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual's ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient's attorney has submitted a discovery request for the ePHI exposed in the breach.
What is the most significant reason that the U.S. Department of Health and Human Services (HHS) might impose a penalty on HealthCo?
- A. Because CloudHealth violated its contract with HealthCo by not encrypting the ePHI
- B. Because HealthCo did not require CloudHealth to implement appropriate physical and administrative measures to safeguard the ePHI
- C. Because HealthCo did not conduct due diligence to verify or monitor CloudHealth's security measures
- D. Because HIPAA requires the imposition of a fine if a data breach of this magnitude has occurred
Answer: C
Explanation:
According to the HIPAA Security Rule, covered entities are responsible for ensuring that their business associates comply with the security standards and safeguards required by the rule. This includes conducting due diligence to assess the business associate's security capabilities and practices, and monitoring their performance and compliance. Failure to do so may result in a violation of the rule and a penalty by the HHS. In this scenario, HealthCo did not perform due diligence on CloudHealth before entering the contract, and did not conduct audits of CloudHealth's security measures. This is the most significant reason why HHS might impose a penalty on HealthCo, as it indicates a lack of oversight and accountability for the protection of ePHI.
NEW QUESTION # 110
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