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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q159-Q164):

NEW QUESTION # 159
Which of the following best describes what a "private right of action" is?

A. The right of individuals to submit a request to access their information.
B. The right of individuals to keep their information private.
C. The right of individuals harmed by data processing to have their information deleted.
D. The right of individuals harmed by a violation of a law to file a lawsuit against the violation.

Answer: D

NEW QUESTION # 160
What was the original purpose of the Foreign Intelligence Surveillance Act?

A. To further clarify a reasonable expectation of privacy stemming from the Katz v. United States decision.
B. To further clarify when a warrant is not required for a wiretap performed internally by the telephone company outside the suspect's home, stemming from the Olmstead v. United States decision.
C. To further define what information can reasonably be under surveillance in public places under the USA PATRIOT Act, such as Internet access in public libraries.
D. To further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution.

Answer: D

Explanation:
The Foreign Intelligence Surveillance Act (FISA) was enacted in 1978 in response to revelations of widespread privacy violations by the federal government under President Nixon. It established procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power1 The original purpose of FISA was to further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution, which grants the president the power to conduct foreign affairs and defend the nation23 FISA was intended to balance the need for collecting foreign intelligence information with the protection of privacy and civil liberties of
U.S. persons4 References: https://www.intelligence.gov/foreign-intelligence-surveillance-act
https://www.intelligence.gov/foreign-intelligence-surveillance-act/1234-categories-of-fisa

NEW QUESTION # 161
SCENARIO
Please use the following to answer the next QUESTION
Otto is preparing a report to his Board of Directors at Filtration Station, where he is responsible for the privacy program. Filtration Station is a U.S. company that sells filters and tubing products to pharmaceutical companies for research use. The company is based in Seattle, Washington, with offices throughout the U.S. and Asi a. It sells to business customers across both the U.S. and the Asia-Pacific region. Filtration Station participates in the Cross-Border Privacy Rules system of the APEC Privacy Framework.
Unfortunately, Filtration Station suffered a data breach in the previous quarter. An unknown third party was able to gain access to Filtration Station's network and was able to steal data relating to employees in the company's Human Resources database, which is hosted by a third-party cloud provider based in the U.S. The HR data is encrypted. Filtration Station also uses the third-party cloud provider to host its business marketing contact database. The marketing database was not affected by the data breach. It appears that the data breach was caused when a system administrator at the cloud provider stored the encryption keys with the data itself.
The Board has asked Otto to provide information about the data breach and how updates on new developments in privacy laws and regulations apply to Filtration Station. They are particularly concerned about staying up to date on the various U.S. state laws and regulations that have been in the news, especially the California Consumer Privacy Act (CCPA) and breach notification requirements.
The Board has asked Otto whether the company will need to comply with the new California Consumer Privacy Law (CCPA). What should Otto tell the Board?

A. That business contact information could be considered personal information governed by CCPA.
B. That CCPA will apply to the company only after the California Attorney General determines that it will enforce the statute.
C. That the company is governed by CCPA, but does not need to take any additional steps because it follows CPBR.
D. That CCPA only applies to companies based in California, which exempts the company from compliance.

Answer: A

Explanation:
CCPA applies regardless of enforcement. Under the CPRA, which amended the CCPA, business contact information is PII.

NEW QUESTION # 162
The rules for "e-discovery" mainly prevent which of the following?

A. The practice of employees using personal devices for work
B. The loss of information due to poor data retention practices
C. A conflict between business practice and technological safeguards
D. A breach of an organization's data retention program

Answer: C

Explanation:
E-discovery is the process by which parties share, review, and collect electronically stored information (ESI) to use as evidence in a legal matter1. The rules for e-discovery mainly prevent a conflict between business practice and technological safeguards, because they establish the standards and procedures for preserving, collecting, reviewing, and producing ESI in a way that balances the needs of litigation with the realities of technology2. For example, the Federal Rules of Civil Procedure (FRCP) provide guidance on the scope, timing, format, and methods of e-discovery, as well as the sanctions for failing to comply withe-discovery obligations3. The rules also encourage cooperation and communication among parties and courts to resolve e-discovery issues efficiently and effectively4. By following the rules for e-discovery, parties can avoid disputes, delays, and costs that may arise from incompatible or inconsistent business and technological practices.
The other options are not the main purpose of the rules for e-discovery, although they may be related or affected by them. The rules for e-discovery do not directly prevent the loss of information due to poor data retention practices, although they do impose a duty to preserve relevant ESI when litigation is reasonably anticipated5. The rules for e-discovery do not directly prevent the practice of employees using personal devices for work, although they do require parties to identify and disclose the sources of ESI that may be subject to discovery, including personal devices6. The rules for e-discovery do not directly prevent a breach of an organization's data retention program, although they do require parties to produce ESI in a reasonably usable form and to protect privileged or confidential information7.
References: 1: Everything You Need to Know About E-Discovery, The National Law Review. 2: E-Discovery: The Basics of E-Discovery Guide - Exterro, Exterro.com. 3: Federal Court and Government Agency E-Discovery Rules and Guidelines, Crowell & Moring LLP. 4: FRCP Rule 1, Cornell Law School. 5: FRCP Rule 37, Cornell Law School. 6: FRCP Rule 26, Cornell Law School. 7: FRCP Rule 34, Cornell Law School.

NEW QUESTION # 163
Most states with data breach notification laws indicate that notice to affected individuals must be sent in the "most expeditious time possible without unreasonable delay." By contrast, which of the following states currently imposes a definite limit for notification to affected individuals?

A. Maine
B. New York
C. Florida
D. California

Answer: C

NEW QUESTION # 164
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