CIPP-US Dumps 2026 - New IAPP CIPP-US Exam Questions

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IAPP CIPP-US certification is an important credential for professionals who are responsible for managing and protecting personal information. Certified Information Privacy Professional/United States (CIPP/US) certification is designed to assess an individual's knowledge of United States privacy laws and regulations, as well as best practices for ensuring the privacy and security of personal information.

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NEW QUESTION # 128
Which step in developing an Information Management Program involves distributing privacy policies and privacy notices?

• A. Discover
• B. Communicate
• C. Build
• D. Regulate

Answer: B

Explanation:
The new program should be communicated to internal (privacy policy) and external (privacy notice) audiences. Transparency is key.

NEW QUESTION # 129
SCENARIO
Please use the following to answer the next QUESTION
Noah is trying to get a new job involving the management of money. He has a poor personal credit rating, but he has made better financial decisions in the past two years.
One potential employer, Arnie's Emporium, recently called to tell Noah he did not get a position. As part of the application process, Noah signed a consent form allowing the employer to request his credit report from a consumer reporting agency (CRA). Noah thinks that the report hurt his chances, but believes that he may not ever know whether it was his credit that cost him the job. However, Noah is somewhat relieved that he was not offered this particular position. He noticed that the store where he interviewed was extremely disorganized. He imagines that his credit report could still be sitting in the office, unsecured.
Two days ago, Noah got another interview for a position at Sam's Market. The interviewer told Noah that his credit report would be a factor in the hiring decision. Noah was surprised because he had not seen anything on paper about this when he applied.
Regardless, the effect of Noah's credit on his employability troubles him, especially since he has tried so hard to improve it. Noah made his worst financial decisions fifteen years ago, and they led to bankruptcy. These were decisions he made as a young man, and most of his debt at the time consisted of student loans, credit card debt, and a few unpaid bills - all of which Noah is still working to pay off. He often laments that decisions he made fifteen years ago are still affecting him today.
In addition, Noah feels that an experience investing with a large bank may have contributed to his financial troubles. In 2007, in an effort to earn money to help pay off his debt, Noah talked to a customer service representative at a large investment company who urged him to purchase stocks. Without understanding the risks, Noah agreed. Unfortunately, Noah lost a great deal of money.
After losing the money, Noah was a customer of another financial institution that suffered a large security breach. Noah was one of millions of customers whose personal information was compromised. He wonders if he may have been a victim of identity theft and whether this may have negatively affected his credit.
Noah hopes that he will soon be able to put these challenges behind him, build excellent credit, and find the perfect job.
Consumers today are most likely protected from situations like the one Noah had buying stock because of which federal action or legislation?

• A. The creation of the Consumer Financial Protection Bureau.
• B. The rules under the Fair Debt Collection Practices Act.
• C. Investigations of "abusive" acts and practices under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
• D. Federal Trade Commission investigations into "unfair and deceptive" acts or practices.

Answer: C

Explanation:
The Dodd-Frank Act was established to prevent the risky financial practices that led to the 2007-2008 financial crisis, which included issues similar to Noah's experience with buying stocks without understanding the risks. The act includes provisions forconsumer protection in financial services and aims to prevent abusive practices in the financial industry

NEW QUESTION # 130
SCENARIO
Please use the following to answer the next QUESTION:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in state A. HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo. CloudHealth stores the data in state B. As part of HealthCo's business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement securitymeasures, including industry standard encryption practices, to adequately protect the data.
However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals - ones that exposed the PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual's ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient's attorney has submitted a discovery request for the ePHI exposed in the breach.
What is the most effective kind of training CloudHealth could have given its employees to help prevent this type of data breach?

• A. Training on techniques for identifying phishing attempts
• B. Training on the difference between confidential and non-public information
• C. Training on the terms of the contractual agreement with HealthCo
• D. Training on CloudHealth's HR policy regarding the role of employees involved data breaches

Answer: A

Explanation:
Phishing is a form of social engineering that involves sending fraudulent emails or other messages that appear to come from a legitimate source, but are designed to trick recipients into revealing sensitive information, such aspasswords, account numbers, or personal identifiers1. Phishing is one of the most common and effective methods of cyberattacks, and it can lead to data breaches, identity theft, ransomware infections, or other serious consequences2. Therefore, training on how to recognize and avoid phishing attempts is crucial for any organization that handles sensitive data, especially ePHI, which is subject to strict regulations under HIPAA3.
Training on techniques for identifying phishing attempts can help employees to spot the signs of a phishing email, such as:
* Sender's address or domain name that does not match the expected source or contains spelling errors4
* Generic salutations or impersonal tone that do not address the recipient by name or use proper grammar4
* Urgent or threatening language that creates a sense of pressure or fear and asks the recipient to take immediate action, such as clicking on a link, opening an attachment, or providing information4
* Suspicious links or attachments that may contain malware or lead to fake websites that mimic the appearance of a legitimate site, but have a different URL or request login credentials or other data4
* Requests for sensitive information that are unusual or out of context, such as asking for passwords, account numbers, or personal identifiers that the sender should already have or should not need4 Training on techniques for identifying phishing attempts can also help employees to learn how to respond to a phishing email, such as:
* Not clicking on any links or opening any attachments in the email4
* Not replying to the email or providing any information to the sender4
* Reporting the email to the IT department or security team and deleting it from the inbox4
* Verifying the legitimacy of the email by contacting the sender directly using a different channel, such as phone or another email address4
* Updating the antivirus software and scanning the device for any malware infection4 Training on techniques for identifying phishing attempts is the most effective kind of training that CloudHealth could have given its employees to help prevent this type of data breach, because it would have enabled them to recognize the phishing email that compromised the PHI of more than 10,000 HealthCo patients, and to avoid falling victim to it. Training on the terms of the contractual agreement with HealthCo, the difference between confidential and non-public information, or CloudHealth's HR policy regarding the role of employees involved in data breaches, while important, would not have been as effective in preventing this specific type of data breach, because they would not have addressed the root cause of the breach, which was the phishing email.
References:
* 1: IAPP, Phishing, https://iapp.org/resources/glossary/phishing/
* 2: SpinOne, The Top 5 Phishing Awareness Training Providers 2023,
https://spinbackup.com/blog/phishing-awareness-training-best-providers/
* 3: IAPP, HIPAA, https://iapp.org/resources/glossary/hipaa/
* 4: Expert Insights, The Top 11 Phishing Awareness Training and Simulation Solutions,
https://expertinsights.com/insights/the-top-11-phishing-awareness-training-and-simulation-solutions/

NEW QUESTION # 131
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 identify himself and indicate the purpose of the messages
• B. The marketer did not provide evidence that the prize books were appropriate for children
• C. The marketer seems to have distributed his son's information without Matt's permission
• D. The marketer failed to make an adequate attempt to provide Matt with information

Answer: D

NEW QUESTION # 132
California's SB 1386 was the first law of its type in the United States to do what?

• A. Require encryption of sensitive information stored on servers that are Internet connected
• B. Require state attorney general enforcement of federal regulations against unfair and deceptive trade practices
• C. Require commercial entities to disclose a security data breach concerning personal information about the state's residents
• D. Require notification of non-California residents of a breach that occurred in California

Answer: C

Explanation:
California's SB 1386, also known as the California Security Breach Information Act, was enacted in 2002 and became effective in 2003. It was the first law of its kind in the United States to require commercial entities that own or license personal information of California residents to notify them in the event of a security breach that compromises their unencrypted data. The law aims to protect the privacy and security of personal information and to enable individuals to take preventive measures against identity theft and fraud. The law applies to any business or person that conducts business in California and that owns or licenses computerized data that includes personal information, as defined by the law. Personal information includes an individual's first name or first initial and last name in combination with any one or more of the following data elements: Social Security number, driver's license number or California identification card number, account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account, or medical information or health insurance information. The law does not apply to encrypted information, publicly available information, or information that is lawfully obtained from federal, state, or local government records. The law requires the disclosure of a breach of the security of the system to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The disclosure may be made by written notice, electronic notice, or substitute notice, as specified by the law. The law also requires any person or business that maintains computerized data that includes personal information that the person or business does not own to notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The law also authorizes a civil action for damages by a customer injured by a violation of the law and provides that the rights and remedies available under the law are cumulative to each other and to any other rights and remedies available under law. References:
* California Senate Bill 1386 (2002)
* California SB 1386: For the Love of Privacy
* What Is the California Security Breach Information Act?
* California Raises the Bar on Data Security and Privacy

NEW QUESTION # 133
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 Asia. 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 B. 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 the company is governed by CCPA, but does not need to take any additional steps because it follows CPBR.
• C. That CCPA only applies to companies based in California, which exempts the company from compliance.
• D. That CCPA will apply to the company only after the California Attorney General determines that it will enforce the statute.

Answer: A

Explanation:
The CCPA applies to any business that collects personal information of California residents, regardless of where the business is located. The CCPA defines personal information broadly as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
This could include business contact information, such as name, email address, phone number, or job title, if it is linked to a specific individual. Therefore, Otto should tell the Board that business contact information could be considered personal information governed by CCPA, and that the company may need to comply with the CCPA requirements, such as providing notice, honoring consumer rights requests, and implementing reasonable security measures.

NEW QUESTION # 134
What role does the U.S. Constitution play in the area of workplace privacy?

• A. It provides contractual protections to members of labor unions, but not to employees at will
• B. It provides legal precedent for physical information security, but not for electronic security
• C. It provides enforcement resources to large employers, but not to small businesses
• D. It provides significant protections to federal and state governments, but not to private-sector employment

Answer: D

Explanation:
The U.S. Constitution plays a limited role in the area of workplace privacy, because it mainly applies to the actions of the government, not private employers. The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Supreme Court has interpreted this right to include a reasonable expectation of privacy in certain situations, such as in one's home, car, or personal belongings. However, this right does not extend to private-sector employees, who are not protected by the Constitution from the actions of their employers, unless the employer is acting as an agent of the government. Private-sector employees may have some privacy rights under state laws, common law, or contractual agreements, but these vary depending on the jurisdiction and the circumstances.
Public-sector employees, on the other hand, are protected by the Constitution from unreasonable searches and seizures by their employers, who are considered part of the government. Public- sector employees have a reasonable expectation of privacy in their workplace, unless there is a legitimate work-related reason for the search or seizure, such as to ensure safety, security, or efficiency. Public- sector employers must also comply with the due process and equal protection clauses of the Fifth and Fourteenth Amendments, which prohibit the government from depriving any person of life, liberty, or property without due process of law, or from denying any person the equal protection of the laws. These clauses protect public-sector employees from arbitrary or discriminatory actions by their employers that affect their employment status or benefits.
Therefore, the U.S. Constitution plays a significant role in the area of workplace privacy for federal and state governments, but not for private-sector employment, because it only regulates the actions of the government, not private actors.

NEW QUESTION # 135
All of the following are tasks in the "Discover" phase of building an information management program EXCEPT?

• A. Facilitating participation across departments and levels
• B. Understanding the laws that regulate a company's collection of information
• C. Deciding how aggressive to be in the use of personal information
• D. Developing a process for review and update of privacy policies

Answer: D

Explanation:
The "Discover" phase of building an information management program is the first step in the process of creating a privacy framework. It involves identifying the types, sources, and flows of personal information within an organization, as well as the legal, regulatory, and contractual obligations that apply to it. The tasks in this phase include:
Conducting a data inventory and mapping exercise to document what personal information is collected, used, shared, and stored by the organization, and how it is protected. Assessing the current state of privacy compliance and risk by reviewing existing policies, procedures, and practices, and identifying any gaps or weaknesses. Understanding the laws that regulate a company's collection of information, such as the Fair Credit Reporting Act (FCRA), the Gramm- Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), and the California Consumer Privacy Act (CCPA). Facilitating participation across departments and levels to ensure that all stakeholders are involved and informed of the privacy goals and objectives, and to foster a culture of privacy awareness and accountability.
Developing a process for review and update of privacy policies is not a task in the "Discover" phase, but rather in the "Implement" phase, which is the third step in the process of creating a privacy framework. It involves putting the privacy policies and procedures into action, and ensuring that they are effective and compliant. The tasks in this phase include:
Developing a process for review and update of privacy policies to reflect changes in the business environment, legal requirements, and best practices, and to incorporate feedback from internal and external audits and assessments.
Implementing privacy training and awareness programs to educate employees and other relevant parties on their roles and responsibilities regarding privacy, and to promote a privacy-by-design approach.
Establishing privacy governance and oversight mechanisms to monitor and measure the performance and outcomes of the privacy program, and to ensure accountability and transparency. Developing a process for responding to privacy incidents and requests from data subjects, regulators, and other parties, and to mitigate and remediate any privacy risks or harms.

NEW QUESTION # 136
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 Office of the Comptroller of the Currency.
• D. The Department of Commerce.

Answer: D

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). References:
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 1: Introduction to the
U.S. Privacy Environment, Section 1.3: Federal Agencies with a Role in Privacy, p. 18-19
* IAPP CIPP/US Body of Knowledge, Domain I: Introduction to the U.S. Privacy Environment, Objective
I.B: Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 7
* IAPP CIPP/US Exam Blueprint, Domain I: Introduction to the U.S. Privacy Environment, Objective I.B:
Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 3

NEW QUESTION # 137
Which of the following best describes the ASIA-Pacific Economic Cooperation (APEC) principles?

• A. An international court ruling on personal information held in the commercial sector.
• B. A code of responsibilities for medical establishments to uphold privacy laws.
• C. A baseline of marketers' minimum responsibilities for providing opt-out mechanisms.
• D. A bill of rights for individuals seeking access to their personal information.

Answer: D

NEW QUESTION # 138
Under the Driver's Privacy Protection Act (DPPA), which of the following parties would require consent of an individual in order to obtain his or her Department of Motor Vehicle information?

• A. Marketers wishing to distribute bulk materials.
• B. Insurance companies needing to investigate claims.
• C. Attorneys gathering information related to lawsuits.
• D. Law enforcement agencies performing investigations.

Answer: A

Explanation:
The Driver's Privacy Protection Act (DPPA) is a federal law that regulates the disclosure of personal information obtained by state departments of motor vehicles (DMVs). The DPPA prohibits DMVs and other entities that receive such information from DMVs from disclosing it to anyone without the express consent of the individual to whom the information pertains, unless the disclosure falls under one of the 14 exceptions listed in the statute.
Some of the exceptions that allow disclosure of personal information from DMV records without consent are:
* For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions.
* For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
* For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
* For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court.
* For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
* For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.
* For use in providing notice to the owners of towed or impounded vehicles.
* For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
* For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49.
* For use in connection with the operation of private toll transportation facilities.
* For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.
None of the exceptions above apply to the use of personal information from DMV records by marketers wishing to distribute bulk materials. Therefore, such use would require the consent of the individual to whom the information pertains, according to the DPPA. Hence, option D is the correct answer.
Option A is incorrect, as law enforcement agencies performing investigations are exempt from the consent requirement under the first exception.
Option B is incorrect, as insurance companies needing to investigate claims are exempt from the consent requirement under the sixth exception.
Option C is incorrect, as attorneys gathering information related to lawsuits are exempt from the consent requirement under the fourth exception.
References:
* [IAPP CIPP/US Study Guide], Chapter 8: Federal Privacy Laws, pp. 181-182.
* CIPP/US Practice Questions (Sample Questions), Question 31.

NEW QUESTION # 139
Within what time period must a commercial message sender remove a recipient's address once they have asked to stop receiving future e-mail?

• A. 21 days
• B. 15 days
• C. 7 days
• D. 10 days

Answer: D

Explanation:
According to the CAN-SPAM Act of 2003, a federal law that regulates commercial email messages, a commercial message sender must honor a recipient's opt-out request within 10 business days. The sender must provide a clear and conspicuous way for the recipient to opt out of receiving future emails, such as a link or an email address. The sender must not charge a fee, require the recipient to provide any personal information, or make the recipient take any steps other than sending a reply email or visiting a single web page to opt out. The sender must also not sell, exchange, or transfer the email address of the recipient who has opted out, unless it is necessary to comply with the law or prevent fraud.

NEW QUESTION # 140
SCENARIO
Please use the following to answer the next QUESTION:
Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state's Do Not Call list, as well as the people on it. "If they were really serious about not being bothered," Evan said, "They'd be on the national DNC list. That's the only one we're required to follow. At SunriseLynx, we call until they ask us not to." Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call "another time." This, to Larry, is a clear indication that they don't want to be called at all. Evan doesn't see it that way.
Larry believes that Evan's arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social media. However, following Evan's political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.
Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan's leadership.
Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker's belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.
Larry wants to take action, but is uncertain how to proceed.
Which act would authorize Evan's undercover investigation?

• A. The Fair and Accurate Credit Transactions Act (FACTA)
• B. The Stored Communications Act (SCA)
• C. The National Labor Relations Act (NLRA)
• D. The Whistleblower Protection Act

Answer: B

Explanation:
The Stored Communications Act (SCA) is a federal law that regulates the privacy of electronic communications that are stored by third-party service providers, such as email providers, cloud storage providers, or social media platforms. The SCA prohibits unauthorized access to or disclosure of such communications, unless authorized by law or by the consent of the user or the service provider . The SCA also provides exceptions for certain types of access or disclosure, such as those made for law enforcement purposes, for the protection of the service provider's rights or property, or for the consent of the subscriber or customer .
One of the exceptions to the SCA is where the service provider gives consent to the access or disclosure of the stored communications. This means that if a third-party service provider agrees to cooperate with an investigation or a request for information, the access or disclosure is lawful under the SCA. Consent can be express or implied, depending on the circumstances and the terms of service of the provider. For example, if a service provider has a policy that allows it to disclose user information to third parties for legitimate purposes, the provider has impliedly consented to the access or disclosure of the stored communications. However, if a service provider has a policy that prohibits such disclosure, the provider has not consented to the access or disclosure of the stored communications.
In the scenario, Evan's undercover investigation may have been authorized by the SCA if he obtained the consent of the third-party service provider that stored the electronic communications of the employee who was suspected of misconduct. For instance, if the employee used a company email account or a cloud storage service that had a policy that allowed the service provider to disclose user information to the employer or to law enforcement, Evan may have been able to access or disclose the stored communications with the consent of the service provider. However, if the employee used a personal email account or a cloud storage service that had a policy that protected user privacy and prohibited such disclosure, Evan may have violated the SCA by accessing or disclosing the stored communications without the consent of the service provider.
References: : [Stored Communications Act], 18 U.S.C. §§ 2701-2712 : [IAPP CIPP/US Study Guide], Chapter 8, Section 8.2.2. : [The Stored Communications Act: An Old Statute for Modern Problems], pp. 10-
11.

NEW QUESTION # 141
SCENARIO
Please use the following to answer the next question:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in statea.
HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo.
CloudHealth stores the data in state B. As part of HealthCo's business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement security measures, including industry standard encryption practices, to adequately protect the data. However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals ?ones that exposed the PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual's ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient's attorney has submitted a discovery request for the ePHI exposed in the breach.
What is the most effective kind of training CloudHealth could have given its employees to help prevent this type of data breach?

• A. Training on techniques for identifying phishing attempts
• B. Training on the difference between confidential and non-public information
• C. Training on the terms of the contractual agreement with HealthCo
• D. Training on CloudHealth's HR policy regarding the role of employees involved data breaches

Answer: A

Explanation:
Phishing is a form of social engineering that involves sending fraudulent emails or other messages that appear to come from a legitimate source, but are designed to trick recipients into revealing sensitive information, such as passwords, account numbers, or personal identifiers.
Phishing is one of the most common and effective methods of cyberattacks, and it can lead to data breaches, identity theft, ransomware infections, or other serious consequences. Therefore, training on how to recognize and avoid phishing attempts is crucial for any organization that handles sensitive data, especially ePHI, which is subject to strict regulations under HIPAA.

NEW QUESTION # 142
SuperMart is a large Nevada-based business that has recently determined it sells what constitutes "covered information" under Nevada's privacy law, Senate Bill 260. Which of the following privacy compliance steps would best help SuperMart comply with the law?

• A. Implementing internal protocols for handling access and deletion requests.
• B. Reviewing its vendor contracts to ensure that the vendors are subject to service provider restrictions.
• C. Providing a mechanism for consumers to opt out of sales.
• D. Preparing a notice of financial incentive for any loyalty programs offered to its customers.

Answer: C

Explanation:
Nevada's privacy law, Senate Bill 260 (SB 260), is an amendment to the existing Nevada Revised Statutes (NRS) Chapter 603A that was enacted in June 2021 and will take effect on October 1, 2021. SB 260 expands the scope and definition of "covered information" under NRS 603A to include any information that identifies, relates to, describes, or is capable of being associated with a consumer, such as name, address, email, phone number, social security number, biometric data, geolocation data, and online identifiers. SB 260also grants Nevada consumers the right to opt out of the sale of their covered information by an operator of a website or online service that collects and maintains such information.
Under SB 260, an operator is defined as a person who owns or operates a website or online service for commercial purposes, collects and maintains covered information from consumers who reside in Nevada and use or visit the website or online service, and purposefully directs its activities toward Nevada. A sale is defined as the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons. However, there are some exceptions to the definition of a sale, such as:
* If the consumer has consented to the sale after being provided with clear and conspicuous notice of the sale and the opportunity to opt out.
* If the sale is to a person who processes the covered information on behalf of the operator.
* If the sale is to a person with whom the consumer has a direct relationship for the purposes of providing a product or service requested by the consumer.
* If the sale is to a person for purposes that are consistent with the reasonable expectations of the consumer considering the context in which the consumer provided the covered information to the operator.
* If the sale is to a person who is an affiliate of the operator.
* If the sale is to a person as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the person assumes control of all or part of the operator's assets.
To comply with SB 260, an operator that sells covered information must provide a designated request address through which a consumer may submit a verified request to opt out of the sale. The designated request address may be an email address, a toll-free telephone number, or an Internet website. The operator must respond to the verified request within 60 days, and may extend the response period for an additional 30 days if reasonably necessary. The operator must also provide a notice to the consumer that identifies the categories of covered information that the operator collects and the categories of third parties to whom the operator may disclose the covered information.
Therefore, the best privacy compliance step for SuperMart to comply with SB 260 is to provide a mechanism for consumers to opt out of sales, as this is the core requirement of the law. Option A is the correct answer.
Option B is incorrect, as SB 260 does not grant consumers the right to access or delete their covered information, unlike other state privacy laws such as the California Consumer Privacy Act (CCPA) or the Virginia Consumer Data Protection Act (VCDPA).
Option C is incorrect, as SB 260 does not require operators to provide a notice of financial incentive for any loyalty programs offered to their customers, unlike the CCPA.
Option D is incorrect, as SB 260 does not impose service provider restrictions on the vendors of the operators, unlike the CCPA or the VCDPA.
References:
* [IAPP CIPP/US Study Guide], Chapter 10: State Data Security Laws, pp. 229-230.
* CIPP/US Practice Questions (Sample Questions), Question 33.

NEW QUESTION # 143
Which two FCRA rules were added with the Fair and Accurate Credit Transitions Act in 2003?

• A. Privacy Rule and Safeguards Rule
• B. Disposal Rule and Safeguards Rule
• C. Disposal Rule and Red Flags Rule
• D. Privacy Rule and Red Flags Rule

Answer: C

Explanation:
FACTA has introduced measures for identity theft protection, together with a Disposal Rule and a Red Flags Rule.

NEW QUESTION # 144
According to the FTC Report of 2012, what is the main goal of Privacy by Design?

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

Answer: A

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 # 145
What practice does the USA FREEDOM Act NOT authorize?

• A. The bulk collection of telephone data and internet metadata
• B. Emergency exceptions that allows the government to target roamers
• C. An extension of the expiration for roving wiretaps
• D. An increase in the maximum penalty for material support to terrorism

Answer: A

Explanation:
The USA FREEDOM Act is a law that was enacted in 2015 to reform the surveillance practices of the U.S. government. The law was a response to the revelations by Edward Snowden about the mass collection of phone records and internet data by the National Security Agency (NSA) under the authority of Section 215 of the USA PATRIOT Act. The USA FREEDOM Act ended the bulk collection of telephone data and internet metadata by the NSA, and instead required the government to obtain a specific order from the Foreign Intelligence Surveillance Court (FISC) to access such data from the telecommunication providers. The law also authorized the following practices:
Emergency exceptions that allow the government to target roamers: The law allows the government to temporarily target a non-U.S. person who is using a phone number or identifier of a U.S. person, without a court order, if there is an emergency situation that involves a threat of death or serious bodily harm. The government must obtain a court order within seven days to continue the surveillance.
An increase in the maximum penalty for material support to terrorism: The law increases the maximum prison term for providing material support or resources to a foreign terrorist organization from 15 years to 20 years.
An extension of the expiration for roving wiretaps: The law extends the sunset date for the roving wiretap provision of the USA PATRIOT Act, which allows the government to obtain a single order from the FISC to conduct surveillance on a target who switches devices or locations, without specifying the device or location. The law extends the expiration date from June 1, 2015 to December 15, 2019.

NEW QUESTION # 146
SCENARIO
Please use the following to answer the next question:
Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend Celeste open a jewelry store in California. Felicia, despite being excited at the prospect, has a number of security concerns, and has only grudgingly accepted the need to hire other employees. In order to guard against the loss of valuable merchandise, Felicia wants to carefully screen applicants. With their permission, Felicia would like to run credit checks, administer polygraph tests, and scrutinize videos of interviews. She intends to read applicants' postings on social media, ask question NO:s about drug addiction, and solicit character references. Felicia believes that if potential employees are serious about becoming part of a dynamic new business, they will readily agree to these requirements.
Felicia is also in favor of strict employee oversight. In addition to protecting the inventory, she to prevent mistakes during transactions, which will require video monitoring. She also wants to regularly check the company vehicle's GPS for locations visited by employees. She also believes that employees who use their own devices for work-related purposes should agree to a certain amount of supervision.
Given her high standards, Felicia is skeptical about the proposed location of the store. She has been told that many types of background checks are not allowed under California law. Her friend Celeste thinks these worries are unfounded, as long as applicants verbally agree to the checks and are offered access to the results. Nor does Celeste share Felicia's concern about state breach notification laws, which, she claims, would be costly to implement even on a minor scale.
Celeste believes that even if the business grows a customer database of a few thousand, it's unlikely that a state agency would hassle an honest business if an accidental security incident were to occur.
In any case, Celeste feels that all they need is common sense ?like remembering to tear up sensitive documents before throwing them in the recycling bin. Felicia hopes that she's right, and that all of her concerns will be put to rest next month when their new business consultant (who is also a privacy professional) arrives from North Carolina.
Based on Felicia's Bring Your Own Device (BYOD) plan, the business consultant will most likely advise Felicia and Celeste to do what?

• A. Make employment decisions based on those willing to consent to the plan in writing.
• B. Weigh any productivity benefits of the plan against the risk of privacy issues.
• C. Adopt the same kind of monitoring policies used for work-issued devices.
• D. Reconsider the plan in favor of a policy of dedicated work devices.

Answer: B

Explanation:
BYOD is a practice that allows employees to use their own personal devices, such as smartphones, tablets, or laptops, for work-related purposes. BYOD can offer some benefits for both employers and employees, such as increased flexibility, convenience, and productivity.
However, BYOD also poses significant privacy and security risks, such as data breaches, unauthorized access, loss or theft of devices, malware infections, and compliance challenges.
Therefore, the business consultant will most likely advise Felicia and Celeste to weigh any productivity benefits of the plan against the risk of privacy issues, and to implement a comprehensive BYOD policy that addresses the following aspects:
The scope and purpose of the BYOD program, including the types of devices, data, and applications that are allowed or prohibited.
The roles and responsibilities of the employer and the employees, including the ownership, control, and access rights of the devices and the data.
The security measures and controls that are required to protect the devices and the data, such as encryption, passwords, remote wipe, antivirus software, firewalls, and VPNs. The privacy expectations and obligations of the employer and the employees, such as the notice, consent, and disclosure requirements, the limits on data collection and monitoring, the retention and deletion policies, and the rights of access and correction. The legal and regulatory compliance requirements that apply to the BYOD program, such as the FTC Act, the GLBA, the HIPAA, the COPPA, the CCPA, and the GDPR. The incident response and reporting procedures that are followed in the event of a data breach, loss, or theft of a device, or any other privacy or security issue. The training and education programs that are provided to the employees to raise awareness and understanding of the BYOD policy and the best practices. The enforcement and audit mechanisms that are used to ensure compliance and accountability of the BYOD policy, such as sanctions, penalties, reviews, and audits.

NEW QUESTION # 147
Which of the following is an important implication of the Dodd-Frank Wall Street Reform and Consumer Protection Act?

• A. Financial institutions must help ensure a customer's understanding of products and services
• B. Financial institutions must avoid collecting a customer's sensitive personal information
• C. Financial institutions must cease sending e-mails and other forms of advertising to customers who opt out of direct marketing
• D. Financial institutions must use a prescribed level of encryption for most types of customer records

Answer: A

NEW QUESTION # 148
Which of the following is an important implication of the Dodd-Frank Wall Street Reform and Consumer Protection Act?

• A. Financial institutions must help ensure a customer's understanding of products and services
• B. Financial institutions must avoid collecting a customer's sensitive personal information
• C. Financial institutions must cease sending e-mails and other forms of advertising to customers who opt out of direct marketing
• D. Financial institutions must use a prescribed level of encryption for most types of customer records

Answer: A

Explanation:
The Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB) as an independent agency within the Federal Reserve System. The CFPB has the authority to regulate consumer financial products and services, such as mortgages, credit cards, student loans, and payday loans. One of the main objectives of the CFPB is to promote transparency, fairness, and consumer choice in the financial marketplace. The CFPB has issued rules and guidance to require financial institutions to provide clear and accurate information to consumers about the costs, risks, and benefits of their products and services. The CFPB also has the power to enforce consumer protection laws and prohibit unfair, deceptive, or abusive acts or practices by financial institutions123 References: 1: Dodd-Frank Wall Street Reform and Consumer Protection Act, Title X, Subtitle A, Section 1011. 2: Consumer Financial Protection Bureau, Wikipedia. 3: Dodd-Frank Act: What It Does, Major Components, and Criticisms, Investopedia.

NEW QUESTION # 149
What privacy concept grants a consumer the right to view and correct errors on his or her credit report?

• A. Notice.
• B. Action.
• C. Choice.
• D. Access.

Answer: D

Explanation:
Access is the privacy concept that grants a consumer the right to view and correct errors on his or her credit report. The Fair Credit Reporting Act (FCRA) gives consumers the right to access their credit reports from the three nationwide credit reporting agencies (Equifax, Experian, and TransUnion) once every 12 months for free. Consumers also have the right to dispute any inaccurate or incomplete information in their credit reports and request that the credit reporting agencies investigate and correct the errors. The FCRA also requires the credit reporting agencies to provide consumers with a notice of their rights and a summary of the dispute process.

NEW QUESTION # 150
SCENARIO
Please use the following to answer the next question:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in statea.
HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo.
CloudHealth stores the data in state B. As part of HealthCo's business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement security measures, including industry standard encryption practices, to adequately protect the data. However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals ?ones that exposed the PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual's ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient's attorney has submitted a discovery request for the ePHI exposed in the breach.
Of the safeguards required by the HIPAA Security Rule, which of the following is NOT at issue due to HealthCo's actions?

• A. Technical Safeguards
• B. Physical Safeguards
• C. Administrative Safeguards
• D. Security Safeguards

Answer: D

Explanation:
The HIPAA Security Rule requires covered entities and their business associates to implement three types of safeguards to protect the confidentiality, integrity, and availability of electronic protected health information (ePHI): administrative, physical, and technical. Security safeguards is not a separate category of safeguards, but rather a general term that encompasses all three types. Therefore, it is not a correct answer to the question. Administrative safeguards are the policies and procedures that govern the conduct of the workforce and the security measures put in place to protect ePHI. They include risk analysis and management, training, contingency planning, incident response, and evaluation. Physical safeguards are the locks, doors, cameras, and other physical measures that prevent unauthorized access to ePHI. They include workstation and device security, locks and keys, and disposal of media.
Technical safeguards are the software and hardware tools that protect ePHI from unauthorized access, alteration, or destruction. They include access control, encryption, audit controls, integrity controls, and transmission security.
In the scenario, HealthCo's actions have potentially violated all three types of safeguards. For example:
HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures. This could be a breach of the administrative safeguard of risk analysis and management.
HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. This could be a breach of the technical safeguard of encryption. HealthCo provides its investigative report of the breach and a copy of the PHI of the individuals affected to law enforcement. This could be a breach of the physical safeguard of disposal of media, if HealthCo did not ensure that the media was properly erased or destroyed after the transfer.

NEW QUESTION # 151
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