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The CIPP-US exam covers a wide range of topics related to the privacy laws and regulations in the United States, including the Federal Trade Commission Act, Health Insurance Portability and Accountability Act (HIPAA), Children’s Online Privacy Protection Act (COPPA), and California Consumer Privacy Act (CCPA). It also covers the privacy principles and practices that organizations need to implement to ensure compliance with these laws. CIPP-US exam is designed to assess an individual’s knowledge and understanding of these topics, including their ability to apply them in real-world scenarios.
The CIPP/US certification is highly respected in the industry and is recognized by companies and organizations around the world. It demonstrates that an individual has a deep understanding of privacy laws and regulations in the United States and is able to apply that knowledge in a practical setting. It also shows a commitment to staying up-to-date with the latest developments in the field of privacy.
The CIPP-US Certification Exam is a rigorous exam that requires candidates to have a solid understanding of the principles of data privacy and protection. CIPP-US exam is designed to test the knowledge of the candidates in areas such as privacy laws and regulations, data protection, security, and management. CIPP-US exam is generally taken by professionals who have several years of experience in the field of data privacy and protection.
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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q48-Q53):
NEW QUESTION # 48
In which situation is a company operating under the assumption of implied consent?
- A. A landlord uses the information on a completed rental application to run a credit report
- B. An online retailer subscribes new customers to an e-mail list by default
- C. An employer contacts the professional references provided on an applicant's resume
- D. A retail clerk asks a customer to provide a zip code at the check-out counter
Answer: C
Explanation:
* Implied consent is a form of consent that is inferred from the actions or inactions of the data subject, rather than explicitly expressed by the data subject1.
* Implied consent is generally considered a valid basis for processing personal data under certain circumstances, such as when the processing is necessary for the performance of a contract, the legitimate interests of the data controller, or the reasonable expectations of the data subject2.
* However, implied consent may not be sufficient for processing sensitive personal data, such as health, biometric, or genetic data, or for sending marketing communications, depending on the applicable laws and regulations2.
* In the U.S., there is no comprehensive federal privacy law that regulates the use of implied consent for data processing, but there are sector-specific laws and state laws that may impose different requirements and limitations3.
* Based on the scenarios given in the question, the situation that is most likely to involve a company operating under the assumption of implied consent is A. An employer contacts the professional references provided on an applicant's resume.
* This is because the employer may reasonably infer that the applicant has consented to the contact of the references by voluntarily providing their information on the resume, and that the contact is necessary for the legitimate interest of the employer to verify the applicant's qualifications and suitability for the job4.
* The other situations may not involve implied consent, but rather require explicit consent or provide opt-out options for the data subjects, depending on the type and purpose of the data processing and the relevant laws and regulations5 . For example:
* B. An online retailer subscribes new customers to an e-mail list by default. This may violate the CAN-SPAM Act, which requires online marketers to obtain affirmative consent from the recipients before sending commercial e-mail messages, and to provide a clear and conspicuous opt-out mechanism in every message5.
* C. A landlord uses the information on a completed rental application to run a credit report. This may violate the Fair Credit Reporting Act, which requires landlords to obtain written authorization from the applicants before obtaining their consumer reports, and to provide them
* with a copy of the report and a summary of their rights if they take any adverse action based on the report.
* D. A retail clerk asks a customer to provide a zip code at the check-out counter. This may violate the California Song-Beverly Credit Card Act, which prohibits retailers fromrequesting and recording personal identification information from customers who pay with a credit card, unless the information is necessary for a special purpose, such as shipping or fraud prevention.
References: 1: Implied Consent 2: Consent 3: U.S. Private-Sector Privacy (CIPP/US) 4: [Reference Checks:
Tips for Job Applicants and Employers] 5: [CAN-SPAM Act: A Compliance Guide for Business] : [Using Consumer Reports: What Landlords Need to Know] : [California Song-Beverly Credit Card Act] : [Reference Checks: Tips for Job Applicants and Employers] : [CAN-SPAM Act: A Compliance Guide for Business] :
[Using Consumer Reports: What Landlords Need to Know] : [California Song-Beverly Credit Card Act]
NEW QUESTION # 49
What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?
- A. The truncation of account numbers on credit card receipts
- B. The right to request removal from e-mail lists
- C. Consumer notice when third-party data is used to make an adverse decision
- D. The ability for the consumer to correct inaccurate credit report information
Answer: D
NEW QUESTION # 50
In 2012, the White House and the FTC both issued reports advocating a new approach to privacy enforcement that can best be described as what?
- A. Comprehensive.
- B. Self-regulatory.
- C. Harm-based.
- D. Notice and choice.
Answer: A
Explanation:
In 2012, the White House released a report titled "Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy", which proposed a Consumer Privacy Bill of Rights based on the Fair Information Practice Principles (FIPPs). The report called for a comprehensive privacy framework that would apply to all commercial sectors and all personal data, regardless of the technology or business model involved. The report also urged Congress to enact legislation to implement the framework and empower the FTC to enforce it. Similarly, the FTC released a report titled
"Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers", which outlined a set of best practices for businesses to protect consumer privacy and foster innovation. The report also advocated for a comprehensive privacy framework that would cover both online and offline data, and apply to all entities that collect or use consumer data that can be reasonably linked to a specific consumer, computer, or device. The report also recommended that Congress consider enacting baseline privacy legislation and giving the FTC rulemaking authority to implement it. Therefore, both reports can be described as advocating a comprehensive approach to privacy enforcement, rather than a harm-based, self-regulatory, or notice and choice approach. References: White House Report, FTC Report, IAPP CIPP/US Study Guide (p. 31-32)
NEW QUESTION # 51
All of the following common law torts are relevant to employee privacy under US law EXCEPT?
- A. Intrusion upon seclusion.
- B. Defamation
- C. Conversion.
- D. Infliction of emotional distress.
Answer: A
NEW QUESTION # 52
Which jurisdiction must courts have in order to hear a particular case?
- A. Personal jurisdiction and professional jurisdiction
- B. Subject matter jurisdiction and professional jurisdiction
- C. Personal jurisdiction and subject matter jurisdiction
- D. Subject matter jurisdiction and regulatory jurisdiction
Answer: C
Explanation:
In order for a court to hear a case, it must have both personal jurisdiction and subject matter jurisdiction.
Personal jurisdiction refers to the authority of a court over the parties to a case, while subject matter jurisdiction refers to the authority of a court to hear a particular type of case. For example, a federal court may have subject matter jurisdiction over a case involving a federal law, but it may not have personal jurisdiction over a defendant who has no contacts with the state where the court is located. Similarly, a state court may have personal jurisdiction over a resident of the state, but it may not have subject matter jurisdiction over a case involving a foreign treaty. References: [IAPP CIPP/US Study Guide], Chapter 2: Introduction to U.S.
Law, p. 25-26; Wex Legal Dictionary, Subject Matter Jurisdiction and Personal Jurisdiction.
NEW QUESTION # 53
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