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CIPP-US Certification Torrent | CIPP-US Exam Pattern

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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q62-Q67):

NEW QUESTION # 62
The CFO of a pharmaceutical company is duped by a phishing email and discloses many of the company's employee personnel files to an online predator. The files include employee contact information, job applications, performance reviews, discipline records, and job descriptions.
Which of the following state laws would be an affected employee's best recourse against the employer?

A. The state social security number confidentiality statute.
B. The state personnel record review statute.
C. The state UDAP statute.
D. The state data destruction statute.

Answer: C

Explanation:
The state UDAP statute, which stands for Unfair and Deceptive Acts and Practices, is a law that protects consumers from unfair or deceptive business practices. In this case, the employer's failure to protect the employee's personal information from a phishing attack could be considered an unfair or deceptive act or practice that harmed the employee. The employee could sue the employer under the state UDAP statute for damages, injunctive relief, or other remedies.

NEW QUESTION # 63
The U.S. Supreme Court has recognized an individual's right to privacy over personal issues, such as contraception, by acknowledging which of the following?

A. The doctrine of stare decisis, which allows the U.S. Supreme Court to follow the precedent of previously decided case law.
B. An interpretation of the U.S. Constitution's explicit definition of privacy that extends to personal issues.
C. A "penumbra" of unenumerated constitutional rights as well as more general protections of due process of law.
D. Federal preemption of state constitutions that expressly recognize an individual right to privacy.

Answer: C

Explanation:
The U.S. Supreme Court has recognized an individual's right to privacy over personal issues, such as contraception, by acknowledging a "penumbra" of unenumerated constitutional rights as well as more general protections of due process of law. This means that the right to privacy is not explicitly stated in the Constitution, but it is implied from other rights that are explicitly stated, such as the First Amendment rights of speech and assembly, the Third Amendment right to be free from quartering of soldiers, the Fourth Amendment right to be secure from unreasonable searches and seizures, the Fifth Amendment right to be free from self-incrimination, and the Ninth Amendment right to retain other rights not enumerated in the Constitution. These rights create a
"zone of privacy" that protects individuals from undue government interference in their personal affairs. The Supreme Court first articulated this concept of privacy in Griswold v. Connecticut (1965), where it struck down a state law that prohibited the use of contraceptives by married couples. The Court also relied on the due process clause of the Fourteenth Amendment, which prohibits states from depriving any person of life, liberty, or property without due process of law.
The Court interpreted this clause to include a substantive component that protects certain fundamental rights from state regulation, unless there is a compelling state interest and the regulation is narrowly tailored to achieve that interest. The Court has applied this due process analysis to other privacy issues, such as abortion, marriage, and sexual orientation.

NEW QUESTION # 64
What type of material is exempt from an individual's right to disclosure under the Privacy Act?

A. Material requires by statute to be maintained and used solely for research purposes.
B. Material reporting investigative efforts pertaining to the enforcement of criminal law.
C. Material reporting investigative efforts to prevent unlawful persecution of an individual.
D. Material used to determine potential collaboration with foreign governments in negotiation of trade deals.

Answer: B

Explanation:
The Privacy Act allows agencies to exempt certain records from some of its provisions, including the right to disclosure, if the records fall within one of the categories specified in subsections (j) or (k) of the Act. One of these categories is records maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of (A) informationcompiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status; (B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. 5 U.S.C. § 552a (j) (2). Therefore, material reporting investigative efforts pertaining to the enforcement of criminal law falls within this category and can be exempted from the right to disclosure under the Privacy Act. References:
* Overview of the Privacy Act: 2020 Edition, Ten Exemptions, subsection (j) (2).
* Privacy Act Exemptions, subsection (j) (2).
* IAPP CIPP/US Study Guide, page 66.

NEW QUESTION # 65
Why was the Privacy Protection Act of 1980 drafted?

A. To assist in the prosecution of white-collar crimes
B. To protect individuals from personal privacy invasion by the police
C. To assist prosecutors in civil litigation against newspaper companies
D. To respond to police searches of newspaper facilities

Answer: C

Explanation:
The Privacy Protection Act of 1980 (PPA) is a federal law that protects journalists and newsrooms from search and seizure by government officials in connection with criminal investigations or prosecutions. The PPA prohibits the government from searching for or seizing any work product materials or documentary materials possessed by a person who intends to disseminate them to the public through a newspaper, book, broadcast, or other similar form of public communication, unless certain exceptions apply. The PPA was drafted in response to the Supreme Court's decision in Zurcher v. Stanford Daily, which upheld the constitutionality of a police search of a student newspaper's office without a subpoena, based on probable cause that the newspaper had evidence of a crime. The PPA was intended to protect the First Amendment rights of the press and the privacy interests of journalists and their sources from unreasonable government intrusion.

NEW QUESTION # 66
According to the FTC Report of 2012, what is the main goal of Privacy by Design?

A. Implementing a system of standardization for privacy notices
B. Incorporating privacy protections throughout the development process
C. Obtaining consumer consent when collecting sensitive data for certain purposes
D. Establishing a system of self-regulatory codes for mobile-related services

Answer: B

Explanation:
Privacy by Design is a concept that the FTC endorsed in its 2012 report on protecting consumer privacy1. It seeks to deliver the maximum degree of privacy by ensuring that personal data are automatically protected in any given IT system or business practice2. It asserts that data held by an organization ultimately belongs to the consumer and organizations should ensure that data subjects are properly informed about how their data is collected and used3. Privacy by Design requires companies to build in consumers' privacy protections at every stage in developing their products, including reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy1. References: 1: FTC Report of
2012, p. 22-23; 2: Global Data Review3; 3: Termly4.

NEW QUESTION # 67
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