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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q42-Q47):

NEW QUESTION # 42
A software company wants to use web scraping to collect personal data from professional networking websites in order to train an artificial intelligence program to evaluate Job applications. The company has identified several actions for limiting their potential legal liability regarding affected data subjects and professional networking websites. Which of the following would be the least effective action for helping them do this?

A. Following the terms of use posted on professional networking websites that are scraped.
B. Adding a notice to the company website's terms of use disclosing the use of web scraping
C. Limiting the amount of the personally identifiable information they collect
D. Decertifying the scraped data before selling it to any third parties.

Answer: B

Explanation:
Web scraping to collect personal data can pose significant legal and ethical risks, particularly when it involves professional networking sites or other platforms where terms of service (ToS) explicitly prohibit such activity.
To limit liability, the software company must take proactive measures to comply with applicable laws (such as privacy laws) and contractual obligations (e.g., terms of use on the scraped websites).
Adding a notice to the company website's terms of use would be the least effective action, as it does not address the legal and ethical issues associated with scraping data from third-party websites. Simply adding a notice about the company's use of scraping does not mitigate liability for violating the ToS of professional networking websites or violating privacy rights under laws like the GDPR or CCPA.
Explanation of Options:
* A. Following the terms of use posted on professional networking websites that are scraped:This is one of the most effective ways to limit legal liability. Violating ToS can result in lawsuits or legal penalties, so adhering to them is critical.
* B. Adding a notice to the company website's terms of use disclosing the use of web scraping:This is the least effective action. Including this notice on the company's own website does not address potential violations of third-party website ToS or the privacy rights of affected individuals.
* C. Limiting the amount of the personally identifiable information they collect:Minimizing the amount of data collected aligns with data protection principles, such as data minimization under the GDPR, and can reduce privacy risks.
* D. Deidentifying the scraped data before selling it to any third parties:Deidentifying or anonymizing data is a critical step for reducing legal liability and complying with privacy laws.
However, the company should also ensure that the deidentification is robust and irreversible.
References from CIPP/US Materials:
* GDPR Article 5: Establishes principles such as data minimization and accountability for data processing.
* IAPP CIPP/US Certification Textbook: Highlights the risks of web scraping and the importance of adhering to contractual obligations and privacy laws.

NEW QUESTION # 43
What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?

A. The right to request removal from email lists.
B. The issuing of notice when third-party data is used in an adverse decision
C. The truncation of account numbers on credit card receipts
D. The ability to correct inaccurate credit report information

Answer: C

Explanation:
The Fair and Accurate Credit Transactions Act (FACTA) is a U.S. federal law enacted in 2003 that amended the Fair Credit Reporting Act (FCRA). It introduced a variety of provisions designed to combat identity theft and protect consumer information. One of the key consumer protections required by FACTA is the truncation of credit and debit card numbers on receipts to prevent identity theft.
Details of the Truncation Requirement:
* FACTA Section 113 (15 U.S.C. § 1681c(g)):Retailers are prohibited from printing more than the last five digits of a credit or debit card number on electronically generated receipts. Additionally, the card's expiration date must also be excluded.
* This requirement applies to point-of-sale and other electronically printed receipts and aims to reduce the risk of credit card fraud and identity theft.
Explanation of Options:
* A. The ability to correct inaccurate credit report information:This right is protected under the Fair Credit Reporting Act (FCRA), not FACTA specifically.
* B. The truncation of account numbers on credit card receipts:This is correct, as it is one of the most notable protections introduced by FACTA to prevent identity theft.
* C. The right to request removal from email lists:This right is not provided under FACTA but may be addressed by other laws, such as the CAN-SPAM Act.
* D. The issuing of notice when third-party data is used in an adverse decision:This requirement is a provision of the FCRA, not FACTA.
References from CIPP/US Materials:
* FACTA Section 113 (15 U.S.C. § 1681c(g)): Details the truncation requirements for credit and debit card receipts.
* IAPP CIPP/US Certification Textbook: Highlights FACTA's measures to protect consumer financial information and prevent identity theft.

NEW QUESTION # 44
Which law provides employee benefits, but often mandates the collection of medical information?

A. The Occupational Safety and Health Act.
B. The Americans with Disabilities Act.
C. The Employee Medical Security Act.
D. The Family and Medical Leave Act.

Answer: D

Explanation:
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, such as the birth or adoption of a child, the serious health condition of the employee or a family member, or a qualifying exigency arising from the employee's spouse, child, or parent being on covered active duty or call to covered active duty status in the Armed Forces. The FMLA also provides eligible employees with up to 26 weeks of unpaid, job-protected leave per year to care for a covered service member with a serious injury or illness if the employee is the spouse, child, parent, or next of kin of the service member. The FMLA applies to all public agencies, including state, local, and federal employers, and local education agencies (schools), and to private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. The FMLA often requires employers to collect medical information from employees who request FMLA leave or from their health care providers to certify the need for leave, the duration of leave, and the employee's ability to return to work. The FMLA regulations specify the type and amount of information that employers may request and require for different types of FMLA leave, such as:
Basic medical facts, such as the diagnosis, symptoms, hospitalization, doctor visits, whether medication has been prescribed, and any referrals for evaluation or treatment, for the employee's own serious health condition or that of a family member. Information on the medical necessity of intermittent leave or reduced schedule leave and the expected frequency and duration of such leave, for the employee's own serious health condition or that of a family member, or for planned medical treatment. A statement of the facts regarding the qualifying exigency, such as the type of military duty, the dates of the covered active duty, and the contact information of the military member, for leave due to a qualifying exigency arising from the employee's spouse, child, or parent being on covered active duty or call to covered active duty status in the Armed Forces.
Information on the medical condition, treatment, and recovery of the covered service member, such as the date of injury or onset of illness, the current medical status, the prognosis, and the estimated time of treatment, for leave to care for a covered service member with a serious injury or illness. The FMLA also imposes certain obligations on employers to protect the privacy and security of the medical information they collect from employees or their health care providers. For example, employers must:
Maintain records and documents relating to medical certifications, recertifications, or medical histories of employees or employees' family members as confidential medical records in separate files/records from the usual personnel files, and if the Americans with Disabilities Act (ADA) applies, such records must be maintained in conformance with ADA confidentiality requirements.
Ensure that any electronic systems used to maintain such records meet the confidentiality requirements of the FMLA and the ADA, and that only authorized persons have access to such records.
Limit the disclosure of such records to supervisors and managers who need to know about an employee's FMLA leave, first aid and safety personnel when an employee's medical condition might require emergency treatment, and government officials investigating compliance with the FMLA. Comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule when requesting medical information from an employee's health care provider, such as obtaining a valid authorization from the employee or using a HIPAA-compliant certification form. Refrain from requesting more information than allowed by the FMLA regulations, such as asking for an employee's complete medical records or information unrelated to the FMLA leave request.
Respect the employee's right to revoke a medical authorization or challenge a medical certification, and follow the procedures for resolving disputes over the validity or sufficiency of such documents.

NEW QUESTION # 45
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 medi a. 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.
In regard to telemarketing practices, Evan the supervisor has a misconception regarding?

A. The conditions under which recipients can opt out
B. The wishes of recipients who request callbacks
C. The right to monitor calls for quality assurance
D. The relationship of state law to federal law

Answer: B

NEW QUESTION # 46
Which entities must comply with the Telemarketing Sales Rule?

A. Nonprofit organizations calling on their own behalf
B. For-profit organizations and for-profit telefunders regarding charitable solicitations
C. For-profit and not-for-profit organizations when selling additional services to establish customers
D. For-profit organizations calling businesses when a binding contract exists between them

Answer: C

Explanation:
Explanation/Reference: https://www.ftc.gov/tips-advice/business-center/guidance/complying-telemarketing-sales-rule

NEW QUESTION # 47
......

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Rick Reed Rick Reed

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