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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q45-Q50):
NEW QUESTION # 45
Which act violates the Family Educational Rights and Privacy Act of 1974 (FERPA)?
- A. A newspaper prints the names, grade levels, and hometowns of students who made the quarterly honor roll
- B. University police provide an arrest report to a student's hometown police, who suspect him of a similar crime
- C. A K-12 assessment vendor obtains a student's signed essay about her hometown from her school to use as an exemplar for public release
- D. A university posts a public student directory that includes names, hometowns, e-mail addresses, and majors
Answer: C
Explanation:
The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. FERPA grants parents or eligible students the right to access, amend, and control the disclosure of their education records, with some exceptions. Schools must obtain written consent from the parent or eligible student before disclosing any personally identifiable information from the education records, unless an exception applies123 Option A violates FERPA because it involves the disclosure of a student's personally identifiable information (PII) from the education records without consent. A student's signed essay about her hometown is considered an education record under FERPA, as it is directly related to the student and maintained by the school12 A K-12 assessment vendor is not a school official with a legitimate educational interest, nor does it fall under any of the exceptions that allow disclosure without consent12 Therefore, the school must obtain the student's (or the parent's, if the student is a minor) written consent before providing the essay to the vendor for public release.
Option B does not violate FERPA because it involves the disclosure of directory information, which is not considered PII under FERPA. Directory information is information that would not generally be considered harmful or an invasion of privacy if disclosed, such as name, address, phone number, e-mail address, major, etc12 Schools may disclose directory information without consent, unless the parent or eligible student has opted out of such disclosure12 However, schools must notify parents and eligible students of the types of directory information they designate and their right to opt out annually12 Option C does not violate FERPA because it involves the disclosure of information that is not part of the education records. FERPA only applies to education records that are directly related to a student and maintained by theschool or a party acting for the school12 A newspaper's publication of the names, grade levels, and hometowns of students who made the quarterly honor roll is not based on the education records, but on the newspaper's own sources and reporting. Therefore, FERPA does not prohibit such disclosure.
Option D does not violate FERPA because it involves the disclosure of information under an exception that allows disclosure without consent. FERPA permits schools to disclose education records, or PII from education records, without consent to comply with a judicial order or lawfully issued subpoena, or to appropriate officials in connection with a health or safety emergency123 If the university police provide an arrest report to the student's hometown police in response to a subpoena or to prevent a serious threat to the student or others, they are not violating FERPA.
References: 1: Family Educational Rights and Privacy Act - Wikipedia 2: Family Educational Rights and Privacy Act (FERPA) | CDC 3: What is FERPA? | Protecting Student Privacy - ed
NEW QUESTION # 46
Which authority supervises and enforces laws regarding advertising to children via the Internet?
- A. The Department of Homeland Security
- B. The Federal Trade Commission
- C. The Office for Civil Rights
- D. The Federal Communications Commission
Answer: B
NEW QUESTION # 47
Which federal agency plays a role in privacy policy, but does NOT have regulatory authority?
- A. The Federal Communications Commission.
- B. The Department of Transportation.
- C. The Department of Commerce.
- D. The Office of the Comptroller of the Currency.
Answer: C
Explanation:
The Department of Commerce (DOC) plays a role in privacy policy by promoting the development and adoption of voluntary codes of conduct, standards, and best practices for the private sector, as well as facilitating cross-border data transfers through mechanisms such as the EU-U.S.
Privacy Shield and the APEC Cross-Border Privacy Rules. However, the DOC does not have regulatory authority to enforce privacy laws or impose sanctions for privacy violations. The other agencies listed have some degree of regulatory authority over privacy issues within their respective domains. For example, the Office of the Comptroller of the Currency (OCC) supervises national banks and federal savings associations and enforces the GLBA privacy and security rules for these institutions. The Federal Communications Commission (FCC) regulates interstate and international communications and enforces the privacy and security rules for telecommunications carriers, broadband providers, and voice over internet protocol (VoIP) services. The Department of Transportation (DOT) oversees the transportation sector and enforces the privacy and security rules for airlines, travel agents, and other covered entities under the Aviation and Transportation Security Act (ATSA).
NEW QUESTION # 48
Your company, an online store selling digital keys to video games, has received a data access request from an individual. Specifically, the individual wants access to her recent purchase history, as she has misplaced the emails containing the digital keys to multiple game purchases she made last month. From a security standpoint, what would the user have to do under CCPA in order to acceptably verify her identity?
- A. Phone the company and provide her contact details and credit card number
- B. Provide a notarized affidavit signed by two witnesses.
- C. Log in to her password-protected account with the company
- D. Take a photo of herself with her driver license
Answer: C
Explanation:
Under the California Consumer Privacy Act (CCPA), businesses must verify the identity of individuals making data access requests to ensure the security of personal information. The most secure and straightforward way to verify a consumer's identity is by requiring the individual to log in to their password-protected account, as this demonstrates that the requester is the account owner. Why Password-Protected Accounts Are Best for Verification:
Account-Based Relationship:
If the consumer has a password-protected account with the business, verification can typically be achieved by having the consumer log in to the account. This is considered a sufficient method of verifying identity under CCPA guidelines.
Minimizing Risk:
Verifying identity through account login reduces the risk of fraudulent access to personal information, as only the account owner has access to the login credentials.
NEW QUESTION # 49
Which of the following practices is NOT a key component of a data ethics framework?
- A. Auditing.
- B. Preferability testing.
- C. Automated decision-making.
- D. Data governance.
Answer: C
Explanation:
A data ethics framework is a set of principles and guidelines that help organizations ensure that their data practices are ethical, responsible, and trustworthy. According to the IAPP CIPP/US Study Guide, some of the key components of a data ethics framework are:
Data governance: the policies, processes, and standards that govern how data is collected, used, stored, and shared within an organization.
Preferability testing: the process of assessing the potential impacts and risks of data-driven solutions on stakeholders, such as customers, employees, and society.
Auditing: the process of monitoring, reviewing, and verifying the compliance and performance of data practices against the established ethical standards and legal requirements. Automated decision-making, on the other hand, is not a key component of a data ethics framework, but rather a data practice that may raise ethical issues and challenges. Automated decision-making refers to the use of algorithms, artificial intelligence, or machine learning to make decisions or recommendations without human intervention. While automated decision-making can offer benefits such as efficiency, accuracy, and consistency, it can also pose risks such as bias, discrimination, lack of transparency, and accountability. Therefore, automated decision-making should be subject to ethical evaluation and oversight, but it is not itself a part of a data ethics framework.
NEW QUESTION # 50
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