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

NEW QUESTION # 62
Which action is prohibited under the Electronic Communications Privacy Act of 1986?

A. Monitoring employee telephone calls of a personal nature
B. Intercepting electronic communications and unauthorized access to stored communications
C. Accessing stored communications with the consent of the sender or recipient of the message
D. Monitoring all employee telephone calls

Answer: B

NEW QUESTION # 63
What role does the U.S. Constitution play in the area of workplace privacy?

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

Answer: A

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 seizures1. 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 belongings2. 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 government3. 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 circumstances4.
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. References:
* 1: Cornell Law School, Fourth Amendment, https://www.law.cornell.edu/constitution
/fourth_amendment
* 2: FindLaw, What Is a Reasonable Expectation of Privacy?, https://www.findlaw.com/criminal/criminal- rights/what-is-a-reasonable-expectation-of-privacy.html
* 3: FindLaw, Workplace Privacy, https://www.findlaw.com/smallbusiness/employment-law-and-human- resources/workplace-privacy.html
* 4: Nolo, Privacy Rights of Employees, https://www.nolo.com/legal-encyclopedia/privacy-rights- employees-29849.html
* : OPM, Employee Relations, https://www.opm.gov/policy-data-oversight/employee-relations/reference- materials/employee-privacy/
* : Cornell Law School, Fifth Amendment, https://www.law.cornell.edu/constitution/fifth_amendment
* : FindLaw, Public Employees and the Constitution, https://www.findlaw.com/employment/employment- rights/public-employees-and-the-constitution.html

NEW QUESTION # 64
All of the following organizations are specified as covered entities under the Health Insurance Portability and Accountability Act (HIPAA) EXCEPT?

A. Health plans
B. Healthcare information clearinghouses
C. Healthcare providers
D. Pharmaceutical companies

Answer: C

Explanation:
* The Privacy Act of 1974 is a federal law that regulates the collection, use, and disclosure of personal information by federal agencies.
* The Privacy Act of 1974 applies to records that are maintained in a system of records, which is defined as a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual.
* The Privacy Act of 1974 grants individuals the right to access and amend their records, and requires agencies to provide notice of their systems of records, establish safeguards for the protection of the records, and limit the disclosure of the records to certain authorized purposes.
* The Privacy Act of 1974 also establishes civil and criminal penalties for violations of the law, such as unauthorized disclosure, failure to publish a notice, or refusal to grant access or amendment.
* The Privacy Act of 1974 does NOT require agencies to obtain the consent of the individual before collecting their personal information. However, the Privacy Act of 1974 does require agencies to inform the individual of the authority for the collection, the purpose and use of the collection, and the effects of not providing the information.
References: : [Overview of the Privacy Act of 1974]

NEW QUESTION # 65
What was the original purpose of the Federal Trade Commission Act?

A. To enforce antitrust laws
B. To negotiate consent decrees with companies violating personal privacy
C. To protect consumers
D. To ensure privacy rights of U.S. citizens

Answer: A

Explanation:
IAPP book, Section 3.3, first sentence. "The FTC was founded in 1914 to enforce antitrust laws, and its general consumer protection mission was established by a statutory change in 1938." In particular in considering this answer, note that the FTC Act was initially passed in 1914.

NEW QUESTION # 66
What are banks required to do under the Gramm-Leach-Bliley Act (GLBA)?

A. Process requests for changes to user preferences within a designated time frame
B. Offer an Opt-Out before transferring PI to an unaffiliated third party for the latter's own use
C. Provide consumers with the opportunity to opt out of receiving telemarketing phone calls
D. Conduct annual consumer surveys regarding satisfaction with user preferences

Answer: B

Explanation:
Explanation/Reference: https://www.investopedia.com/terms/g/glba.asp

NEW QUESTION # 67
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