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

NEW QUESTION # 159
A California resident has created an account on your company's online food delivery platform and placed several orders in the past month Later she submits a data subject request to access her personal information under the California Privacy Rights Act.
Based on the CPRA. which of the following data elements would your company NOT have to provide to the requestor once her identity has been verified?

A. The email address submitted by the individual as part of the account registration process.
B. The time stamp for the creation of the individual's account in the platform's database.
C. Inferences made about the individual for the company s internal purposes
D. The loyalty account number assigned through the individuals use of the services

Answer: C

Explanation:
Under the California Privacy Rights Act (CPRA), which amends the California Consumer Privacy Act (CCPA), California residents have the right to request access to their personal information collected by a business. However, the CPRA provides an exception for inferences made about an individual for internal purposes, meaning businesses are not obligated to disclose inferences generated solely for internal use.
Key Points Under the CPRA:
* Access to Personal Information:
* Businesses must provide consumers with access to personal information they have collected, which includes data submitted by the consumer and other information directly associated with the consumer.
* Exception for Inferences:
* Inferences made about a consumer, particularly when used for internal purposes (e.g., improving services, analytics, or predicting preferences), are not explicitly required to be disclosed under the CPRA unless they are part of the consumer's profile or used for decision-making purposes that affect the consumer.
* Examples of Data to Be Provided:
* Information provided by the consumer (e.g., email address, account information).
* Automatically collected information (e.g., timestamps, purchase history).
* Identifiers (e.g., loyalty account numbers).
Explanation of Options:
* A. Inferences made about the individual for the company's internal purposes:This is correct.
Inferences generated for internal use are not considered part of the data set that must be disclosed in response to a CPRA data access request.
* B. The loyalty account number assigned through the individual's use of the services:Loyalty account numbers are directly associated with the consumer and must be provided in response to an access request under the CPRA.
* C. The time stamp for the creation of the individual's account in the platform's database:This information is part of the consumer's account data and must be disclosed under the CPRA.
* D. The email address submitted by the individual as part of the account registration process:This is personal information directly provided by the consumer and must be disclosed under the CPRA.
References from CIPP/US Materials:
* CPRA (Civil Code § 1798.140): Defines personal information and exceptions for internal use, including inferences.
* IAPP CIPP/US Certification Textbook: Discusses consumer rights under the CPRA, including access rights and the treatment of inferences.

NEW QUESTION # 160
The Video Privacy Protection Act of 1988 restricted which of the following?

A. Who advertisements for videos and video games may target
B. When downloading of copyrighted audio visual materials is allowed
C. When a user's viewing of online video content can be monitored
D. Which purchase records of audio visual materials may be disclosed

Answer: D

Explanation:
The VPPA was enacted to prevent the wrongful disclosure of personally identifiable information (PII) concerning any consumer of a video tape service provider. PII includes information that identifies a person as having requested or obtained specific video materials or services from a video tape service provider. The VPPA prohibits such disclosure, except in certain limited circumstances, such as with the consumer's informed, written consent, or pursuant to a law enforcement warrant, subpoena, or court order. The VPPA also allows the disclosure of the names and addresses of consumers, but not the title, description, or subject matter of any video tapes or other audio visual material, for the exclusive use of marketing goods and services directly to the consumer, unless the consumer has opted out of such disclosure. The other options (B, C, and D) are not restricted by the VPPA. References:
* Video Privacy Protection Act - Wikipedia
* 18 U.S. Code § 2710 - Wrongful disclosure of video tape rental or sale records | U.S. Code | US Law | LII / Legal Information Institute
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 3: Federal Privacy Laws and Regulations, Section 3.5: Video Privacy Protection Act (VPPA)

NEW QUESTION # 161
What consumer service was the Fair Credit Reporting Act (FCRA) originally intended to provide?

A. The ability to receive reports from multiple credit reporting agencies.
B. The ability to appeal negative credit-based decisions.
C. The ability to investigate incidents of identity theft.
D. The ability to correct inaccurate credit information.

Answer: C

NEW QUESTION # 162
The use of cookies on a website by a service provider is generally not deemed a 'sale' of personal information by CCPA, as long as which of the following conditions is met?

A. The analytics cookies placed by the service provider are capable of being tracked but cannot be linked to a particular consumer of that business.
B. The third party stores personal information to trigger a response to a consumer's request to exercise their right to opt in.
C. The information collected by the service provider is necessary to perform debugging and the business and service provider have entered into an appropriate agreement.
D. The service provider retains personal information obtained in the course of providing the services specified in the agreement with the subcontractors.

Answer: C

Explanation:
The California Consumer Privacy Act (CCPA) defines a 'sale' of personal information as any transfer or disclosure of personal information to another business or third party for monetary or other valuable consideration. However, the CCPA also provides some exceptions to this definition, such as:
* If the consumer has directed the business to intentionally disclose the personal information or use the personal information to interact with a third party, provided the third party does not also sell the personal information.
* If the business transfers the personal information to a service provider that is contractually prohibited from retaining, using, or disclosing the personal information for any purpose other than performing the services specified in the contract with the business.
* If the business transfers the personal information to a third party as part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business, provided the information is used or shared consistently with the CCPA.
The use of cookies on a website by a service provider is generally not deemed a sale of personal information by the CCPA, as long as the information collected by the service provider is necessary to perform the services specified in the contract with the business,and the service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose. One of the examples of a valid business purpose is to perform debugging to identify and repair errors that impair existing intended functionality.
Therefore, option D is the correct answer, as it describes a scenario where the use of cookies by a service provider is not a sale of personal information under the CCPA, assuming the service provider complies with the contractual obligations and does not further use or disclose the information.
Option A is incorrect, as it does not describe a valid exception to the definition of a sale. The third party that stores personal information to trigger a response to a consumer's request to opt in is not acting as a service provider, but as a separate entity that may have its own interest in the personal information. The consumer's request to opt in does not necessarily imply that the consumer has directed the business to disclose the personal information to the third party.
Option B is incorrect, as it does not describe a valid exception to the definition of a sale. The analytics cookies placed by the service provider may still constitute a sale of personal information, even if they cannot be linked to a particular consumer of that business. The CCPA defines personal information broadly to include 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. Therefore, the analytics cookies may still fall within the scope of personal information, and their use by the service provider may still be a sale, unless one of the exceptions applies.
Option C is incorrect, as it does not describe a valid exception to the definition of a sale. The service provider that retains personal information obtained in the course of providing the services specified in the agreement with the subcontractors is not acting as a service provider to the business, but as a separate entity that may have its own interest in the personal information. The agreement with the subcontractors does not necessarily imply that the business has authorized the service provider to retain, use, or disclose the personal information for any purpose other than performing the services specified in the contract with the business.
References:
* [IAPP CIPP/US Study Guide], Chapter 10: California Consumer Privacy Act, pp. 223-226.
* CIPP/US Practice Questions (Sample Questions), Question 30.

NEW QUESTION # 163
Which of the following federal agencies does NOT enforce the Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA)?

A. The Consumer Financial Protection Bureau
B. The Department of Health and Human Services
C. The Federal Trade Commission
D. The Office of the Comptroller of the Currency

Answer: B

Explanation:
* The Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA) is a federal regulation that requires any person or entity that maintains or possesses consumer information derived from consumer reports to dispose of such information in a secure and proper manner1.
* The Disposal Rule aims to protect consumers from identity theft and fraud by preventing unauthorized access to or use of their personal information1.
* The Disposal Rule is enforced by several federal agencies, depending on the type and sector of the entity that is subject to the rule1. These agencies include:
* The Federal Trade Commission (FTC), which has general authority over most entities that are not specifically regulated by other agencies2.
* The Consumer Financial Protection Bureau (CFPB), which has authority over consumer financial products and services, such as banks, credit unions, lenders, debt collectors, and credit reporting agencies3.
* The Office of the Comptroller of the Currency (OCC), which has authority over national banks and federal savings associations4.
* The Federal Deposit Insurance Corporation (FDIC), which has authority over state-chartered banks that are not members of the Federal Reserve System and state-chartered savings associations5.
* The Board of Governors of the Federal Reserve System (FRB), which has authority over state-chartered banks that are members of the Federal Reserve System, bank holding companies, and certain nonbank subsidiaries of bank holding companies.
* The National Credit Union Administration (NCUA), which has authority over federally insured credit unions.
* The Securities and Exchange Commission (SEC), which has authority over brokers, dealers, investment companies, and investment advisers.
* The Commodity Futures Trading Commission (CFTC), which has authority over commodity futures and options markets and intermediaries.
* The Department of Health and Human Services (HHS) is NOT one of the federal agencies that enforces the Disposal Rule under FACTA. HHS has authority over health information privacy and security under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), but not under FACTA.
References: 1: Disposing of Consumer Report Information? Rule Tells How 2: FTC Enforcement 3: CFPB Enforcement 4: OCC Enforcement 5: FDIC Enforcement : [FRB Enforcement] : [NCUA Enforcement] : [SEC Enforcement] : [CFTC Enforcement] : [HHS Enforcement]

NEW QUESTION # 164
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