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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q195-Q200):

NEW QUESTION # 195
Who has rulemaking authority for the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA)?

A. State Attorneys General
B. The Consumer Financial Protection Bureau
C. The Federal Trade Commission
D. The Department of Commerce

Answer: B

Explanation:
The Consumer Financial Protection Bureau (CFPB) has rulemaking authority for the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA), as well as other consumer financial laws. The Dodd-Frank Act, enacted in 2010, transferred most of the rulemaking responsibilities added to the FCRA by the FACTA and the Credit CARD Act from the Federal Trade Commission (FTC) to the CFPB. However, the FTC retains its enforcement authority for the FCRA and the FACTA, along with other federal and state agencies1. The CFPB also shares rulemaking authority for some provisions of the FACTA with the FTC, such as the identity theft red flags and address discrepancy rules2. The Department of Commerce and the State Attorneys General do not have rulemaking authority for the FCRA or the FACTA. References: 1: FTC3, Fair Credit Reporting Act; 2: CFPB4, Fair Credit Reporting Act; 3: FTC; 4: CFPB.

NEW QUESTION # 196
Which of the following accurately describes the purpose of a particular federal enforcement agency?

A. The Federal Trade Commission (FTC) is typically recognized as having the broadest authority under the FTC Act to address unfair or deceptive privacy practices.
B. The National Institute of Standards and Technology (NIST) has established mandatory privacy standards that can then be enforced against all for-profit organizations by the Department of Justice (DOJ).
C. The Cybersecurity and Infrastructure Security Agency (CISA) is authorized to bring civil enforcement actions against organizations whose website or other online service fails to adequately secure personal information.
D. The Federal Communications Commission (FCC) regulates privacy practices on the internet and enforces violations relating to websites' posted privacy disclosures.

Answer: A

Explanation:
The FTC is the primary federal agency responsible for enforcing privacy and data security laws in the United States. The FTC has broad jurisdiction over most commercial entities that collect, use, or share personal information from consumers. The FTC Act prohibits unfair or deceptive acts or practices in or affecting commerce, which includes unfair or deceptive privacy practices. The FTC can bring enforcement actions against companies that violate their own privacy policies, fail to provide adequate notice or choice to consumers, engage in unfair or harmful data practices, or breach consumers' reasonable expectations of privacy. The FTC can also issue rules, guidelines, and reports on privacy and data security issues, as well as conduct investigations, workshops, and educational campaigns. References:
* IAPP CIPP/US Body of Knowledge, Section I.A.1.a
* IAPP CIPP/US Textbook, Chapter 1, pp. 9-12
* FTC Privacy and Security Enforcement

NEW QUESTION # 197
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 network?" 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 Questions 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.
How does Matt come to the decision to report the marketer's activities?

A. The marketer failed to make an adequate attempt to provide Matt with information
B. The marketer did not provide evidence that the prize books were appropriate for children
C. The marketer failed to identify himself and indicate the purpose of the messages
D. The marketer seems to have distributed his son's information without Matt's permission

Answer: A

NEW QUESTION # 198
The "Consumer Privacy Bill of Rights" presented in a 2012 Obama administration report is generally based on?

A. Common law principles
B. European Union Directive
C. Traditional fair information practices
D. The 1974 Privacy Act

Answer: C

Explanation:
The Consumer Privacy Bill of Rights is a set of principles that the Obama administration proposed in 2012 to guide the development of privacy legislation and policies in the United States. The report that introduced the bill of rights stated that it was "generally based on the widely accepted Fair Information Practice Principles (FIPPs)"1, which are a set of standards that originated in the 1970s and have influenced many privacy laws and frameworks around the world. The FIPPs include concepts such as individual control, transparency, security, accountability, and data minimization2. The Consumer Privacy Bill of Rights adapted and expanded these principles to address the challenges and opportunities of the digital economy1. References: 1: Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy2, page 92: IAPP CIPP/US Certified Information Privacy Professional Study Guide3, page 17.

NEW QUESTION # 199
Which of the following types of information would an organization generally NOT be required to disclose to law enforcement?

A. Information about medication errors under the Food, Drug and Cosmetic Act
B. Information about workspace injuries under OSHA requirements
C. Personal health information under the HIPAA Privacy Rule
D. Money laundering information under the Bank Secrecy Act of 1970

Answer: C

Explanation:
The HIPAA Privacy Rule generally prohibits covered entities and business associates from disclosing protected health information (PHI) to law enforcement without the individual's authorization, unless one of the exceptions in 45 CFR § 164.512 applies. These exceptions include disclosures required by law, disclosures for law enforcement purposes, disclosures about victims of abuse, neglect or domestic violence, disclosures for health oversight activities, disclosures for judicial and administrative proceedings, disclosures for research purposes, disclosures to avert a serious threat to health or safety, disclosures for specialized government functions, disclosures for workers' compensation, and disclosures to coroners and medical examiners. None of these exceptions apply to the type of information in option D, which is personal health information that is not related to any of the above purposes. Therefore, an organization would generally not be required to disclose such information to law enforcement under the HIPAA Privacy Rule. References: https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/disclosures-third-partie
https://bing.com/search?q=information+disclosure+to+law+enforcement
https://hipaatrek.com/law-enforcement-hipaa-disclosing-phi/

NEW QUESTION # 200
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David Evans David Evans

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