CIPP-US Certified Information Privacy Professional/United States (CIPP/US) Questions and Answers

 The European approach to privacy is based on the recognition of privacy as a fundamental human right that requires strong legal protection and oversight. The EU has adopted comprehensive and binding privacy laws, such as the General Data Protection Regulation (GDPR) and the ePrivacy Directive, that apply to all sectors and activities involving personal data. The EU also has independent data protection authorities (DPAs) that monitor and enforce compliance with the privacy laws, and a European Data Protection Board (EDPB)that issues guidance and opinions on privacy matters. The EU also requires adequate levels of privacy protection for personal data transferred to third countries or international organizations.

In contrast, the U.S. approach to privacy is based on a sectoral and self-regulatory model that relies on a combination of federal and state laws, industry codes of conduct, consumer education, and market forces. The U.S. does not have a single, comprehensive, and enforceable federal privacy law that covers all sectors and activities involving personal data. Instead, the U.S. has a patchwork of federal and state laws that address specific issues or sectors, such as health, financial, children’s, and electronic communications privacy. The U.S. also has various federal and state agencies that share jurisdiction over privacy matters, such as the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the Department of Health and Human Services (HHS). The U.S. also relies on self-regulation by industries that develop and adhere to voluntary codes of conduct, standards, and best practices for privacy. The U.S. also allows personal data to be transferred to third countries or international organizations without requiring adequate levels of privacy protection, as long as the data subjects have given their consent or the transfer is covered by a mechanism such as the Privacy Shield or the Standard Contractual Clauses.

Some supporters of the European approach to privacy are skeptical about self-regulation of privacy practices because they believe that self-regulation is not effective, consistent, or accountable enough to protect the rights and interests of data subjects. They argue that self-regulation may not provide sufficient incentives or sanctions for industries to comply with privacy rules, or to adopt privacy-enhancing technologies and practices. They also contend that self-regulation may not reflect the views and expectations of data subjects, or address the emerging and complex privacy challenges posed by new technologies and business models. They also question the transparency and legitimacy of self-regulation, and the ability of data subjects to exercise their rights and seek redress for privacy violations. References:

• IAPP CIPP/US Study Guide, Chapter 1: Introduction to the U.S. Privacy Environment, pp. 9-10, 16-17
• IAPP website, CIPP/US Certification
• NICCS website, Certified Information Privacy Professional/United States (CIPP/US) Training

Financial institutions (FIs) collect and process a large amount of personal data from their customers, such as name, address, account number, transaction history, credit score, etc. Customers may have different preferences regarding how their data is used, shared, or protected by the FIs. For example, some customers may want to receive marketing offers from the FIs or their affiliates, while others may opt out of such communications. Some customers may prefer to access their accounts online, while others may use mobile apps, phone calls, or physical branches. Some customers may want to enable biometric authentication, while others may rely on passwords or PINs.

Managing these diverse and dynamic user preferences is a challenge for FIs, as they need to ensure that they respect and honor the choices of their customers across all the channels and platforms they use. This requires FIs to have arobust and integrated system that can capture, store, update, and apply user preferences consistently and accurately. Failing to do so may result in customer dissatisfaction, loss of trust, regulatory fines, or legal disputes.12

References: 1: The Top Three Digital Challenges Faced By Financial Institutions And How To Overcome Them3, paragraph 42: IAPP CIPP/US Certified Information Privacy Professional Study Guide, page 127.

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)

According to the Wiley study guide, one of the steps in developing a privacy policy is to conduct a privacy assessment, which involves identifying the organization’s information goals and needs, as well as the legal and regulatory requirements that apply to its data collection and use practices3. By spending more time understanding the company’s information goals, Janice would have been able to tailor the privacy policy to fit the company’s business model and customer expectations, while still complying with the relevant privacy laws and standards. This would have also helped Janice to address Cheryl’s concerns about the impact of the policy on the company’s operations and customer relationships, and to propose solutions that balance privacy protection and service delivery.

References:

1: https://iapp.org/certify/cippus/

2: https://iapp.org/certify/get-certified/cippus/

3: https://www.wiley.com/en-be/IAPP+CIPP+US+Certified+Information+Privacy+Professional+Study+Guide-p-9781119755517

4: https://www.techtarget.com/searchsecurity/quiz/10-CIPP-US-practice-questions-to-test-your-privacy-knowledge

5: https://www.study4exam.com/iapp/free-cipp-us-questions

https://www.passitcertify.com/iapp/cipp-us-questions.html

 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.

Data classification systematically categorizes information based on sensitivity and importance to determine its level of confidentiality. This process helps apply appropriate security and compliance measures to ensure each category receives proper protection1. This process also helps to identify which personal data is subject to specific GDPR requirements, such as obtaining explicit consent from data subjects, or notifying data subjects in the event of a data breach2. By classifying data, Cheryl can also make more informed decisions about where to store the information on her computer system and the nature of controls that are required based on classification3. This way, she can protect her customers’ privacy while maintaining the highest level of service. References:

• Data Classification for GDPR Explained
• A guide to data classification: confidential data vs. sensitive data vs. public information
• Why Is Data Classification Important?

Data flow diagrams are graphical representations of how data moves within an organization or between different entities. They can help identify the sources, destinations, and processing of personal data, as well as the legal basis, retention periods, and security measures for each data flow. Reviewing the available data flow diagrams can help the data privacy leader to quickly and accurately respond to the urgent request from the EU-based retail partner, as well as to assess the potential risks and compliance gaps in the data transfer process. Data flow diagrams are also a key component of data protection impact assessments (DPIAs), which are required by the GDPR for high-risk processing activities. References:

• IAPP CIPP/US Body of Knowledge, Section II, A, 2
• [IAPP CIPP/US Study Guide, Chapter 2, Section 2.3]
• [GDPR, Article 35]

 According to the web search results from my predefined tool, Vermont became the first state to pass a law specifically regulating the practices of data brokers in 2018. The law defines a data broker as “a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship.” The law requires data brokers to register with the Secretary of State, pay a registration fee, provide information about their data collection and opt-out practices, and implement security measures to protect the personal information they collect and sell. The law also imposes additional obligations on data brokers that possess the personal information of minors. The law aims to increase the transparency and accountability of the data broker industry and to protect the privacy rights of consumers12. References:

• Registered Data Brokers in the United States: 2021 | Privacy Rights …
• Am I A Data Broker?: A Quick Primer on State Laws Regulating a … - Taft

 Employers have a duty to protect the personal information of their current and former employees, as well as applicants, from unauthorized access, use, or disclosure. This duty may arise from federal or state laws, such as the Fair Credit Reporting Act (FCRA), the Health Insurance Portability and Accountability Act (HIPAA), or the California Consumer Privacy Act (CCPA), or from contractual obligations, such as non-disclosure agreements or privacy policies. Employers may retain sensitive employment records, such as performance evaluations, disciplinary actions, medical records, or background checks, for a legitimate business purpose, such as complying with legal requirements, defending against lawsuits, or conducting audits. However, employers must ensure that these records are stored securely, accessed only by authorized personnel, and disposed of properly when no longer needed. References: IAPP CIPP/US Study Guide, Chapter 4, Section 4.1.1, IAPP CIPP/US Body of Knowledge, Domain IV, Objective B

The scenario describes how the company had no adequate rules about access to customer information and how low-level employees had access to all of the company’s customer data, including financial records. This indicates that the company did not implement proper access controls to limit who can access, use, or disclose customer information based on their roles and responsibilities. Access controls are one of the key elements of information security and privacy, as they help prevent unauthorized or inappropriate access to sensitive data. Without access controls, the company’s customer information was vulnerable to mishandling by employees or outsiders who could exploit the weaksecurity measures. Therefore, the most likely cause of the breach was mishandling of information caused by lack of access controls. References:

• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 4: Information Management from a U.S. Perspective, Section 4.2: Information Security, p. 113-114
• IAPP CIPP/US Body of Knowledge, Domain I: Introduction to the U.S. Privacy Environment, Objective I.C: Describe the role of information security in privacy, Subobjective I.C.1: Identify the key elements of information security, p. 8

The Cable Communications Policy Act of 1984 (CCPA) is a federal law that regulates the cable television industry and protects the privacy of cable subscribers. One of the provisions of the CCPA is that cable operators must providetheir subscribers with an annual notice that clearly and conspicuously informs them of the following information12:

• The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information
• The nature, frequency, and purpose of any disclosure of such information, including an identification of the types of persons to whom the disclosure may be made
• The period during which such information will be maintained by the cable operator
• The times and place at which the subscriber may have access to such information
• The limitations provided by the CCPA with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under the CCPA to enforce such limitations

The annual notice must also state that the subscriber has the right to prevent disclosure of personally identifiable information to third parties, except as required by law or court order, and that the subscriber may sue for damages, attorney’s fees, and other relief for violations of the CCPA12.

References: 1: Cable Communications Policy Act of 1984, Section 631 2: [IAPP CIPP/US Study Guide], Chapter 8, Section 8.3.2

A company that develops a privacy policy with standards that are much higher than its competitors may face the risk of being more closely scrutinized for any breaches of policy by regulators, customers, media, or other stakeholders. This is because the company sets a higher expectation for its privacy practices and may be held to a higher standard of accountability and transparency. If the company fails to comply with its own policy or experiences a data breach, it may face more severe consequences, such as reputational damage, loss of trust, legal liability, or regulatory sanctions. References:

• IAPP CIPP/US Body of Knowledge, Section I, B, 2
• [IAPP CIPP/US Study Guide, Chapter 1, Section 1.4]

• Implied consent is a form of consent that is inferred from the actions or inactions of the data subject, rather than explicitly expressed by the data subject1.
• Implied consent is generally considered a valid basis for processing personal data under certain circumstances, such as when the processing is necessary for the performance of a contract, the legitimate interests of the data controller, or the reasonable expectations of the data subject2.
• However, implied consent may not be sufficient for processing sensitive personal data, such as health, biometric, or genetic data, or for sending marketing communications, depending on the applicable laws and regulations2.
• In the U.S., there is no comprehensive federal privacy law that regulates the use of implied consent for data processing, but there are sector-specific laws and state laws that may impose different requirements and limitations3.
• Based on the scenarios given in the question, the situation that is most likely to involve a company operating under the assumption of implied consent is A. An employer contacts the professional references provided on an applicant’s resume.
• This is because the employer may reasonably infer that the applicant has consented to the contact of the references by voluntarily providing their information on the resume, and that the contact is necessary for the legitimate interest of the employer to verify the applicant’s qualifications and suitability for the job4.
• The other situations may not involve implied consent, but rather require explicit consent or provide opt-out options for the data subjects, depending on the type and purpose of the data processing and the relevant laws and regulations5 . For example:

References: 1: Implied Consent 2: Consent 3: U.S. Private-Sector Privacy (CIPP/US) 4: [Reference Checks: Tips for Job Applicants and Employers] 5: [CAN-SPAM Act: A Compliance Guide for Business] : [Using Consumer Reports: What Landlords Need to Know] : [California Song-Beverly Credit Card Act] : [Reference Checks: Tips for Job Applicants and Employers] : [CAN-SPAM Act: A Compliance Guide for Business] : [Using Consumer Reports: What Landlords Need to Know] : [California Song-Beverly Credit Card Act]

The Global Privacy Enforcement Network (GPEN) is a network for privacy enforcement authorities (PEAs) to share knowledge, experience and best practices on the practical aspects of privacy enforcement and cooperation. GPEN was created in response to the OECD Recommendation on Cross-border Cooperation in the Enforcement of Laws Protecting Privacy, which called for member countries to foster the establishment of an informal network of PEAs. GPEN’s main purpose is to facilitate cross-border cooperation and coordination among PEAs, especially in cases involving multiple jurisdictions or regions. GPEN also aims to enhance information sharing, promote awareness and education, and support capacity building among PEAs. References:

• Home (public) | Global Privacy Enforcement Network
• Global Privacy Enforcement Network - International Association of Privacy Professionals
• International Partnerships - Office of the Privacy Commissioner of Canada
• Specialised networks – Global Privacy Assembly
• Action Plan for the Global Privacy Enforcement Network (GPEN)
• [IAPP CIPP/US Certified Information Privacy Professional Study Guide], Chapter 6, page 213.

 The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. FERPA grants parents or eligible students the right to access, amend, and control the disclosure of their education records, with some exceptions. Schools must obtain written consent from the parent or eligible student before disclosing any personally identifiable information from the education records, unless an exception applies123

Option A violates FERPA because it involves the disclosure of a student’s personally identifiable information (PII) from the education records without consent. A student’s signed essay about her hometown is considered an education record under FERPA, as it is directly related to the student and maintained by the school12 A K-12 assessment vendor is not a school official with a legitimate educational interest, nor does it fall under any of the exceptions that allow disclosure without consent12 Therefore, the school must obtain the student’s (or the parent’s, if the student is a minor) written consent before providing the essay to the vendor for public release.

Option B does not violate FERPA because it involves the disclosure of directory information, which is not considered PII under FERPA. Directory information is information that would not generally be considered harmful or an invasion of privacy if disclosed, such as name, address, phone number, e-mail address, major, etc12 Schools may disclose directory information without consent, unless the parent or eligible student has opted out of such disclosure12 However, schools must notify parents and eligible students of the types of directory information they designate and their right to opt out annually12

Option C does not violate FERPA because it involves the disclosure of information that is not part of the education records. FERPA only applies to education records that are directly related to a student and maintained by theschool or a party acting for the school12 A newspaper’s publication of the names, grade levels, and hometowns of students who made the quarterly honor roll is not based on the education records, but on the newspaper’s own sources and reporting. Therefore, FERPA does not prohibit such disclosure.

Option D does not violate FERPA because it involves the disclosure of information under an exception that allows disclosure without consent. FERPA permits schools to disclose education records, or PII from education records, without consent to comply with a judicial order or lawfully issued subpoena, or to appropriate officials in connection with a health or safety emergency123 If the university police provide an arrest report to the student’s hometown police in response to a subpoena or to prevent a serious threat to the student or others, they are not violating FERPA.

References: 1: Family Educational Rights and Privacy Act - Wikipedia 2: Family Educational Rights and Privacy Act (FERPA) | CDC 3: What is FERPA? | Protecting Student Privacy - ed

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. The other options are not relevant to this scenario, as they deal with different aspects of data protection, such as confidentiality, access, or destruction of personal information. References:

• [IAPP CIPP/US Study Guide], Chapter 8, Section 8.3.1, page 227
• IAPP CIPP/US Practice Questions, Question 153, page 13

The Wireless Domain Registry is a list of domain names that are used to transmit electronic messages to wireless devices, such as cell phones and pagers. The purpose of the registry is to protect wireless consumers from unwanted commercial electronic mail messages, by identifying the domain names for those who send such messages. Marketers are required to use the registry to avoid sending unsolicited emails to wireless devices, which may incur costs or inconvenience for the recipients. Sending such emails without the express prior authorization of the recipient is a violation of the CAN-SPAM Act of 2003. References: https://www.fcc.gov/cgb/policy/domain-name-input

https://www.prnewswire.com/in/news-releases/the-wireless-registry-launches-worlds-first-global-registry-for-wireless-names-240222521.html

The GLBA prohibits financial institutions from disclosing a consumer’s account number or similar form of access number or access code to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. This restriction is intended to prevent unauthorized access to a person’s bank account by third parties who may use the account number to initiate fraudulent transactions or identity theft. The GLBA also requires financial institutions to implement safeguards to protect the security, confidentiality, and integrity of customer information, and to notify customers and regulators in the event of a security breach involving such information. References:

• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 2: Limits on Private-sector Collection and Use of Data, Section 2.3: Financial Privacy, p. 49-50
• IAPP CIPP/US Body of Knowledge, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financial institutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 14
• IAPP CIPP/US Exam Blueprint, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financialinstitutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 5

The FCRA requires that an employer who takes an adverse action against an applicant or employee based on information in a consumer report must provide a notice of the adverse action to the individual. The notice must include the name, address, and phone number of the CRA that supplied the report; astatement that the CRA did not make the decision and cannot explain why the adverse action was taken; a notice of the individual’s right to dispute the accuracy or completeness of the information in the report; and a notice of the individual’s right to obtain a free copy of the report from the CRA within 60 days12. References:

• CIPP/US Practice Questions (Sample Questions), Question 141, Answer A, Explanation A.
• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 4, Section 4.2, p. 101-102.
• Fair Credit Reporting Act (FCRA), Section 615, Subsection (a).

 The most important step for the HR department to take when implementing this new software is to provide notice to employees that their emails will be scanned by the software and creating automated profiles. This is because the software involves the collection and use of personal information from employees, which may implicate their privacy rights and expectations. By providing notice, the HR department can inform employees about the purpose, scope, and consequences of the software, as well as their choices and rights regarding their data. Notice is also a key element of transparency and accountability, which are essential principles of privacy management. Providing notice can also help the HR department comply with various privacy laws and regulations that may apply to the software, such as the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), the Fair Credit Reporting Act (FCRA), and state privacy laws. Notice can also help the HR department avoid potential legal risks and liabilities that may arise from the software, such as claims of invasion of privacy, breach of contract, or violation of employee rights. References:

• U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 4, Section 4.2.1, pp. 97-98.
• U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 5, Section 5.2.1, pp. 125-126.
• U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 6, Section 6.2.1, pp. 153-154.
• IAPP CIPP/US Certified Information Privacy Professional Study Guide by Mike Chapple and Joe Shelley, Chapter 4, Section 4.1, pp. 113-114.

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.

References:

• IAPP CIPP/US Body of Knowledge, Domain II: Limits on Private-sector Collection and Use of Data, Section B: Communications and Marketing
• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 2: Limits on Private-sector Collection and Use of Data, Section 2.2: Communications and Marketing
• Practice Exam - International Association of Privacy Professionals

 The correct answer is D. If the algorithm uses information about protected classes to make automated decisions, Acme must ensure that the algorithm does not have a disparate impact on protected classes in the output. The Fair Credit Reporting Act (FCRA) protects consumers from unfair, inaccurate, and discriminatory treatment by creditors and other businesses that use credit reports. The FCRA prohibits creditors from using information about protected classes, such as race, color, religion, national origin, sex, marital status, age, or because they receive income from a public assistance program, to make decisions about credit. In the case of Acme Student Loan Company, the algorithm is using information about protected classes to make automated decisions about whether to send payment reminder calls. This could have a disparateimpact on protected classes, such as people of color or people with low incomes. For example, people of color may be more likely to be identified as being at risk of default, even if they are just as likely to repay their loans as people of other races. Acme Student Loan Company must ensure that the algorithm does not have a disparate impact on protected classes. This could be done by using a variety of methods, such as:

• Testing the algorithm for accuracy, fairness, and bias before and after deployment
• Providing consumers with notice and consent options for the use of their data
• Allowing consumers to access, correct, or delete their data
• Implementing accountability and oversight mechanisms for the algorithm
• Ensuring compliance with applicable laws and regulations

References: https://economictimes.indiatimes.com/news/how-to/ai-and-privacy-the-privacy-concerns-surrounding-ai-its-potential-impact-on-personal-data/articleshow/99738234.cms

https://pupuweb.com/iapp-cipp-us-qa-privacy-concerns-acme-student-loan-company-artificial-intelligence/

A private right of action is a legal provision that grants individuals the ability to bring a lawsuit against a party that has wronged them and to seek redress for the harm that they have suffered. A private right of action is a fundamental component of the U.S. judicial system and an essential element of enforcingprivacy rights. Privacy advocates argue that a private right of action is necessary to hold perpetrators of privacy violations accountable and to address the limitations of the FTC’s enforcement authority. However, businesses are concerned that a private right of action would lead to a proliferation of frivolous lawsuits that would burden responsible data processors and impede innovation. References:

• U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 2, Section 2.3.3, pp. 35-36.
• How to end the deadlock on the private right of action by Paula Bruening, IAPP Privacy Perspectives, Jan 20, 2022.
• Private Right of Action (Legal Definition & Examples) by Lawrina, accessed on Jan 25, 2022.

The scenario suggests that the company lacked adequate rules about access to customer information, which increased the risk of unauthorized access and data breach. Implementing a comprehensive policy for accessing customer information would have helped the company to limit the access to only those who need it for legitimate purposes, and to protect the confidentiality, integrity, and availability of the data. This is also one of the recommendations that Roberta made in her report. References:

• CIPP/US Practice Questions (Sample Questions), Question 116, Answer A, Explanation A.
• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 5, Section 5.2, p. 143.

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.

The APEC principles are part of the APEC Privacy Framework, which is an inter-governmental agreement among the 21 member economies of the Asia-Pacific Economic Cooperation (APEC) to promote information privacy protection and the free flow of information in the region. The APEC Privacy Framework consists of four parts: a preamble, a scope, a set of nine information privacy principles, and an implementation section. The APEC information privacy principles are:

• Preventing harm: Personal information controllers should take reasonable steps to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, and to address the risks and challenges posed by specific technologies and business practices.
• Notice: Personal information controllers should provide clear and easily accessible statements about their personal information handling practices, including the types of personal information they collect, the purposes for which they collect it, the types of third parties to which they disclose it, the choices and means they offer individuals for limiting the use and disclosure of their personal information, and how they can contact the personal information controller with inquiries or complaints.
• Collection limitation: Personal information controllers should limit the collection of personal information to what is relevant for the purposes of collection and should collect personal information by lawful and fair means and, where appropriate, with notice to, or consent of, the individual concerned.
• Use limitation: Personal information controllers should use personal information only for the purposes for which it was collected or for purposes that a reasonable person would consider appropriate in the circumstances, and should retain personal information only as long as necessary to fulfill the stated purposes or as required by law or regulation.
• Choice: Personal information controllers should offer individuals choices and means to limit the use and disclosure of their personal information, where appropriate, and should respect the choices made by individuals.
• Integrity of personal information: Personal information controllers should take reasonable steps to ensure that personal information is accurate, complete, and up-to-date for the purposes for which it is used.
• Security safeguards: Personal information controllers should protect personal information with reasonable security safeguards against risks such as loss, unauthorized access, destruction, misuse, modification, and disclosure.
• Access and correction: Personal information controllers should give individuals the ability to access and, where appropriate, correct their personal information that is under their control, subject to reasonable limitations, such as where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the legitimate rights of persons other than the individual would be violated.
• Accountability: Personal information controllers should be accountable for complying with the privacy principles and should have in place mechanisms to ensure their implementation and compliance.

The APEC Privacy Framework is not a binding legal instrument, but rather a voluntary and flexible arrangement that allows each member economy to implement the principles according to its own domestic laws and regulations, applicable international frameworks, and cultural and social values. The APEC Privacy Framework also provides for cross-border cooperation and information sharing among member economies, as well as the development of mechanisms to facilitate the cross-border transfer of personal information,such as the APEC Cross-Border Privacy Rules (CBPR) System and the APEC Privacy Recognition for Processors (PRP) System. These mechanisms are based on a common set of rules and standards derived from the APEC Privacy Framework, and are intended to enhance the protection of personal information that flows across borders and to increase the interoperability among different privacy regimes in the region and beyond. References:

• APEC Privacy Framework (2015)
• APEC Cross-Border Privacy Rules (CBPR) System
• APEC Privacy Recognition for Processors (PRP) System
• APEC Privacy Framework: A New Model for Transborder Data Flows

The Civil Rights Act, Pregnancy Discrimination Act, Americans with Disabilities Act, Age Discrimination Act, and Equal Pay Act are all federal laws that prohibit employment discrimination based on certain protected characteristics, such as race, sex, disability, age, and pay1234 These laws also afford certain classes of employees’ privacy protection by limiting inquiries concerning their personal information that may reveal their protected status or be used for discriminatory purposes. For example:

• The Civil Rights Act of 1964 prohibits employers from making pre-employment inquiries that express a preference, limitation, or specification based on race, color, religion, sex, or national origin, unless they are bona fide occupational qualifications.
• The Pregnancy Discrimination Act of 1978, which amended the Civil Rights Act of 1964, prohibits employers from making pre-employment inquiries about whether an applicant is pregnant or intends to become pregnant, unless they are related to the ability to perform the job.
• The Americans with Disabilities Act of 1990 prohibits employers from making pre-employment inquiries about whether an applicant has a disability or the nature or severity of a disability, unless they are related to the ability to perform the essential functions of the job with or without reasonable accommodation.
• The Age Discrimination in Employment Act of 1967 prohibits employers from making pre-employment inquiries about an applicant’s age, unless they are related to a bona fide occupational qualification or a lawful affirmative action plan.
• The Equal Pay Act of 1963 prohibits employers from making pre-employment inquiries about an applicant’s salary history, unless they are made for a lawful purpose other than determining the applicant’s pay.

Option A is incorrect because these laws do not require employers not to discriminate against certain classes when employees use personal information. Rather, they require employers not to discriminate against certain classes in any aspect of employment, such as hiring, firing, pay, promotion, training, benefits, etc1234 The use of personal information by employees is not directly addressed by these laws, although it may be subject to other privacy laws or policies.

Option B is incorrect because these laws do not require that employers provide reasonable accommodations to certain classes of employees. Rather, only the Americans with Disabilities Act and the Pregnancy Discrimination Act require employers to provide reasonable accommodations to qualified individuals with disabilities and workers with limitations related to pregnancy, childbirth, or related medical conditions, respectively, unless doing so would cause an undue hardship to the employer. The other laws do not have a similar requirement, although they may prohibit employers from denying equal opportunities to certain classes of employees.

Option C is correct because these laws afford certain classes of employees’ privacy protection by limiting inquiries concerning their personal informationthat may reveal their protected status or be used for discriminatory purposes, as explained above.

Option D is incorrect because these laws do not permit employers to use or disclose personal information specifically about employees who are members of certain classes. Rather, these laws generally prohibit employers from using or disclosing personal information that is protected by these laws for any unlawful or discriminatory purpose, unless an exception applies. For example, employers may use or disclose such information for legitimate business reasons, such as complying with reporting requirements, administering benefits, or conducting investigations.

References: 1: Facts About Equal Pay and Compensation Discrimination 2: Pregnancy Discrimination and Pregnancy-Related Disability Discrimination | U.S. Equal Employment Opportunity Commission 3: Regulations, Guidance and Policy | Equal Opportunity Guidance | OEEOWE 4: Age Discrimination | U.S. Equal Employment Opportunity Commission : Pre-Employment Inquiries and Medical Questions & Examinations | U.S. Equal Employment Opportunity Commission : Employee Medical Information | U.S. Equal Employment Opportunity Commission : Employee Privacy Rights | U.S. Department of Labor : Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission : Fact Sheet: Pregnancy Discrimination | U.S. Equal Employment Opportunity Commission : The Americans with Disabilities Act: A Primer for Small Business : Age Discrimination in Employment Act of 1967 | U.S. Equal Employment Opportunity Commission : Equal Pay Act of 1963 | U.S. Equal Employment Opportunity Commission

Federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990, prohibit employers from discriminating against employees or applicants based on certain protected characteristics, such as race, color, religion, sex, national origin, age, disability, and genetic information. These laws also limit the types of information that employers can collect, use, disclose, or retain about employees or applicants,in order to prevent discrimination or invasion of privacy. For example, employers cannot ask about an applicant’s medical history, disability status, genetic information, or religious beliefs, unless they are relevant to the job or a bona fide occupational qualification. Employers also cannot use such information to make adverse employment decisions, such as hiring, firing, promotion, or compensation, unless they are justified by a legitimate business necessity or a reasonable accommodation. Employers must also safeguard the confidentiality of such information and dispose of it properly when it is no longer needed. References:

• Federal Laws Prohibiting Job Discrimination Questions And Answers
• Laws Enforced by EEOC
• Employment and Anti-Discrimination Laws in the Workplace
• Protections Against Discrimination and Other Prohibited Practices
• 3. Who is protected from employment discrimination?

Data classification is the process of categorizing data based on its sensitivity and importance to determine its level of confidentiality and protection. Data classification helps organizations apply appropriate security and compliance measures to ensure each category receives proper protection1. Data classification also helps organizations identify which data is subject to specific privacylaws and regulations, such as the GDPR, HIPAA, or CCPA, and how to handle data subject requests, data breaches, or legal discovery2. If an organization maintains data classified as high sensitivity, such as personal information, financial information, or health information, in the same system as data classified as low sensitivity, such as public information or internal information, it increases the risk of exposing the high sensitivity data in the event of a data breach. A data breach can result in legal consequences, reputational damage, and loss of trust from customers and stakeholders. Therefore, it is advisable to segregate data based on its classification and apply different levels of encryption, access control, and monitoring to each category3. This way, the organization can minimize the impact of a data breach and protect the privacy and security of its data assets. References:

• Why Is Data Classification Important?
• Data Classification for GDPR Explained
• Data classification and privacy considerations

Unlike many other countries, the United States does not have a comprehensive federal law that regulates the privacy of private-sector employees. Instead, the privacy protection of employees depends largely on state law, contract law, and tort law. State law may provide specific rights and remedies for employees regarding issues such as drug testing, background checks, electronic monitoring, social media access, and genetic information. Contract law may create obligations and expectations for employers and employees based on written or implied agreements, such as employment contracts, employee handbooks, or collective bargaining agreements. Tort law may allow employees to sue their employers for invasion of privacy, such as intrusion upon seclusion, public disclosure of private facts, false light, or appropriation of name or likeness. The other options are less likely to provide privacy protection to private-sector employees in the United States. The FTC Act primarily regulates the privacy practices of businesses that collect and use consumer data, not employee data. The U.S. Constitution only protects individuals from unreasonable searches and seizures by the government, not by private employers. The HHS only enforces the HIPAA Privacy Rule, which applies to covered entities and business associates that handle protected health information, not to all private-sector employers. References:

• IAPP CIPP/US Study Guide, Chapter 6: Workplace Privacy
• Privacy Rights of Employees Using Workplace Computers in the United States
• Employee Privacy Laws

The data privacy leader needs to identify all the personal data that the Company has received from the retailer, as well as the purposes, retention periods, and sharing practices of such data. Since the data inventory is obsolete, the data privacy leader cannot rely on it to provide accurate and complete information. Therefore, the next best source of information is to interview the key marketing personnel who are responsible for the partnership with the retailer and the use of the personal data. The marketing personnel can provide insights into the data flows, the data categories, the data processing activities, and the data protection measures that the Company has implemented. They can also help the data privacy leader to locate the relevant documents, contracts, and records that can support the investigation. References: [IAPP CIPP/US Study Guide], Chapter 5: Data Management, p. 97-98; IAPP Privacy Tech Vendor Report, Data Mapping and Inventory, p. 9-10.

Under the GDPR, the complainant’s request regarding her personal information is known as the right to be forgotten, also known as the right to erasure. This right allows individuals to ask organizations to delete their personal data in certain circumstances, such as when the data is no longer necessary, the consent is withdrawn, or the processing is unlawful. The right to be forgotten is not absolute and may not apply if the processing is necessary for legal, public interest, or legitimate purposes. The right to be forgotten also requires organizations to inform any recipients of the data about the erasure request, unless it is impossible or involves disproportionate effort. References:

• Everything you need to know about the “Right to be forgotten”
• Right to erasure | ICO
• Art. 17 GDPR – Right to erasure (‘right to be forgotten’) - General …
• [IAPP CIPP/US Certified Information Privacy Professional Study Guide], Chapter 6, page 213.

When selecting a vendor to manage personal information, the company should consider various criteria, such as the vendor’s reputation, financial health, employee training program, privacy policies, security practices, compliance record, contractual terms, and service quality. However, the vendor’s employee retention rates may not be as important as the other factors, as they do not directly affect the vendor’s ability to protect and process the personal information entrusted to them. While high employee turnover may indicate some issues with the vendor’s management or culture, it may not necessarily impact the vendor’s performance or reliability, as long as the vendor has adequate measures to ensure continuity, accountability, and confidentiality of the personal information they handle. References:

• Vendor Selection Process: a Step-by-Step Guide, section “Step 2: Define the vendor selection criteria”
• [IAPP CIPP/US Study Guide], p. 81-82, section 3.4.1
• [IAPP CIPP/US Body of Knowledge], p. 18-19, section C.2.a

The HIPAA Privacy Rule generally prohibits covered entities and business associates from disclosing protected health information (PHI) to law enforcement without the individual’s authorization, unless one of the exceptions in 45 CFR § 164.512 applies. These exceptions include disclosures required by law, disclosures for law enforcement purposes, disclosures about victims of abuse, neglect or domestic violence, disclosures for health oversight activities, disclosures for judicial and administrative proceedings, disclosures for research purposes, disclosures to avert a serious threat to health or safety, disclosures for specialized government functions, disclosures for workers’ compensation, and disclosures to coroners and medical examiners. None of these exceptions apply to the type of information in option D, which is personal health information that is not related to any of the above purposes. Therefore, an organization would generally not be required to disclose such information to law enforcement under the HIPAA Privacy Rule. References: https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/disclosures-third-parties

https://bing.com/search?q=information+disclosure+to+law+enforcement

https://hipaatrek.com/law-enforcement-hipaa-disclosing-phi/

The CAN-SPAM Act is a federal law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations1. The main purpose of the act is to protect consumers from unwanted and deceptive email messages and to give them more control over their online privacy2. The act applies to all commercial messages, which are defined as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service"1. The act does not apply to transactional or relationship messages, which are messages that facilitate an agreed-upon transaction or update a customer about an existing business relationship1. The act also does not apply to non-commercial messages, such as political or charitable solicitations3. References: 1: CAN-SPAM Act: A Compliance Guide for Business2: What is the CAN-SPAM Act? | Proton3: What is the CAN-SPAM Act? | Cloudflare

The FTC alleged that Google violated its own privacy policies, engaged in deceptive trade practices, and failed to comply with Safe Harbor principles when it launched Google Buzz, a social networking service that automatically enrolled Gmail users and exposed their email contacts and other personal information without their consent or control. The FTC did not allege that Google failed to employ sufficient security safeguards, although it did require Google to implement a comprehensive privacy program and submit to regular privacy audits as part of the settlement. The other statements are incorrect because:

• A. Violated its own privacy policies: The FTC alleged that Google violated its own privacy policies by using information collected from Gmail users for a purpose that wasincompatible with the purpose for which the information was collected, without obtaining their affirmative consent. Google’s privacy policy stated that "When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use."1
• B. Engaged in deceptive trade practices: The FTC alleged that Google engaged in deceptive trade practices by misrepresenting the extent to which consumers could exercise control over the collection, use, and sharing of their personal information through Google Buzz. For example, Google offered consumers the option to decline or turn off Google Buzz, but the option was ineffective and did not fully remove the consumer from the social network. Google also misled consumers about how their email contacts would be treated on Google Buzz, and failed to disclose that certain information, such as the user’s frequent email contacts, would be made public by default.1
• C. Failed to comply with Safe Harbor principles: The FTC alleged that Google failed to comply with the U.S.-EU Safe Harbor Framework, which provides a method for U.S. companies to transfer personal data from the European Union to the United States in a way that meets EU data protection requirements. Google had self-certified to the Department of Commerce that it adhered to the Safe Harbor Privacy Principles, which include notice, choice, access, and enforcement. The FTC alleged that Google’s conduct violated the notice and choice principles, as well as the requirement to adhere to the Safe Harbor FAQs.1 References: FTC Charges Deceptive Privacy Practices in Google’s Rollout of Its Buzz Social Network, Google, Inc., In the Matter of, Google settles with FTC over Buzz; Privacy policies to be audited for two decades, Google Settles FTC Complaint over Google Buzz Privacy

The Fair Credit Reporting Act (FCRA) is considered part of U.S. federal privacy law because it regulates the collection, use, and disclosure of personal information by consumer reporting agencies, such as credit bureaus, background check companies, and tenant screening services. The FCRA aims to protect the privacy, accuracy, and fairness of consumer credit information, and to ensure that consumers have access to and control over their own credit reports. The FCRA also imposes obligations on users and furnishers of consumer reports, such as creditors, employers, insurers, and landlords, to obtain consent, provide notice, and correct errors when using consumer reports for various purposes. The FCRA is enforced by the Federal Trade Commission (FTC) and other federal agencies, as well as by private lawsuits and state attorneys general. The FCRA was enacted in 1970 and has been amended several times, most notably by the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which added provisions on identity theft prevention, fraud alerts, free credit reports, and disposal of consumer information. References:

• Fair Credit Reporting Act - Wikipedia
• Fair Credit Reporting Act | Federal Trade Commission
• Fair Credit Reporting Act (FCRA) - Consumer Information
• Fair Credit Reporting Act (FCRA) | Privacy Rights Clearinghouse

The lawsuit, filed in 2014, claimed that Google violated the federal and state wiretap and privacy laws by scanning and indexing the emails of millions of students who used its Apps for Education suite, which included Gmail as a key feature12. The plaintiffs alleged that Google used the information from the scans to build profiles of students that could be used for targeted advertising or other commercial purposes, without their consent or knowledge12. The lawsuit also challenged Google’s argument that the students consented to the scans when they first logged in to their accounts, saying that such consent was not valid under FERPA, which requires written consent for any disclosure of education records12. Google denied the allegations and argued that the scans were necessary for providing security, spam protection, and other functionality to the users12. The case was settled in 2016, with Google agreeing to change some of its practices and policies regarding the scanning of student emails3. References: 1: Lawsuit Alleges That Google Has Crossed A ‘Creepy Line’ With Student Data, Huffington Post, 1. 2: Google faces lawsuit over email scanning and student data, The Guardian, 2. 3: Google data case to be heard in Supreme Court, BBC, 3.

The APEC Privacy Framework is a set of non-binding principles adopted by the Asia-Pacific Economic Cooperation (APEC) that aim to promote electronic commerce and protect information privacy in the region. The Framework is consistent with the core values of the OECD Guidelines on the Protection of Privacy and Trans-Border Flows of Personal Data, and reaffirms the value of privacy to individuals and to the information society. The Framework consists of nine principles: Preventing Harm, Notice, Collection Limitation, Use of Personal Information, Choice, Integrity of Personal Information, Security Safeguards, Access and Correction, and Accountability. Privacy by Design is not one of the principles in the APEC Privacy Framework, although it is a concept that is endorsed by the OECD Guidelines and other privacyframeworks. References: APEC Privacy Framework (2015), APEC Privacy Principles, IAPP CIPP/US Study Guide, Chapter 4.

Illinois became the first state to pass a law specifically regulating the collection of biometric data in 2008, when it enacted the Biometric Information Privacy Act (BIPA). BIPA defines biometric identifiers as retina or iris scans, fingerprints, voiceprints, or scans of hand or face geometry, and biometric information as any information based on biometric identifiers used to identify an individual. BIPA requires entities that collect, store, or use biometric identifiers or information to obtain informed consent from individuals, provide written policies on data retention and destruction, limit disclosure and sale of biometric data, and protect biometric data using reasonable security measures. BIPA also provides a private right of action for individuals whose biometric data is collected, stored, or used in violation of the law, and allows them to recover statutory damages of $1,000 or actual damages, whichever is greater, for each negligent violation, and $5,000 or actual damages, whichever is greater, for each intentional or reckless violation, as well as attorneys’ fees and costs, and injunctive relief. References: U.S. Biometrics Laws Part I: An Overview of 2020, Is Biometric Information Protected by Privacy Laws?, Biometric Data Privacy Laws

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. References:
• IAPP CIPP/US Body of Knowledge, Section III.C.2
• IAPP CIPP/US Textbook, Chapter 3, pp. 113-115
• FTC Mobile Device Security

The correct answer is C because the California Consumer Privacy Act (CCPA) is a state privacy law that grants California residents the right to request the deletion of their personal information that a business has collected from them. The CCPA applies to any business that collects personal information from California residents, regardless of where the business is located, as long as the business meets certain thresholds of revenue, data volume, or data sharing. Therefore, the social media platform that Sarah uses is subject to the CCPA and must honor Sarah’s deletion request, unless an exception applies. The CCPA also requires businesses to provide notice and choice to consumersabout their data collection and use practices, and to respond to consumer requests within 45 days.

The other answers are incorrect because:

• A is incorrect because the General Data Protection Regulation (GDPR) is a European Union privacy law that applies to the processing of personal data of individuals who are in the EU, regardless of where the data controller or processor is located. However, the GDPR does not apply to the processing of personal data of individuals who are outside the EU, unless the processing relates to the offering of goods or services to such individuals or the monitoring of their behavior within the EU. Therefore, the GDPR does not apply to Sarah’s personal data, since she is not in the EU and the social media platform is not targeting or tracking her in the EU.
• B is incorrect because Section 5 of the FTC Act is a federal law that prohibits unfair or deceptive acts or practices in or affecting commerce. The FTC has used its Section 5 authority to enforce privacy and data security standards against businesses that violate their own privacy policies, misrepresent their data practices, or fail to protect consumer data from unauthorized access or disclosure. However, the FTC has not held that refusing to delete an individual’s personal information upon request constitutes an unfair practice per se, unless the refusal is inconsistent with the business’s privacy policy or representations, or causes substantial injury to consumers that is not reasonably avoidable or outweighed by countervailing benefits.
• D is incorrect because the New York SHIELD Act is a state law that imposes data breach notification and data security requirements on any person or business that owns or licenses computerized data that includes the private information of a New York resident. The SHIELD Act does not grant New York residents the right to request the deletion of their personal information, nor does it apply to businesses that do not collect or hold the private information of New York residents. Therefore, the SHIELD Act does not apply to Sarah’s personal data, since she is not a New York resident and the social media platform may not have her private information as defined by the SHIELD Act. References:
• U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 7, Section 7.2.1, pp. 183-186.
• IAPP CIPP/US Certified Information Privacy Professional Study Guide by Mike Chapple and Joe Shelley, Chapter 7, Section 7.2, pp. 217-219.

According to the web search results from my predefined tool, Florida is the only state among the four options that currently imposes a definite limit for notification to affected individuals in case of a data breach. Florida’s law requires that notice be provided within 30 days after determination of the breach or reason to believe a breach occurred, unless delayed by law enforcement or measures to determine the scope of the breach and restore the integrity of the system1. The other states have more flexible or vague terms for the notification timeframe, such as “as soon as practicable” (Maine), “in the most expedient time possible and without unreasonable delay” (New York), or “in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement” (California)2. References:

• Security Breach Notification Chart | Perkins Coie
• State Data Breach Notification Chart - International Association of …

• The Telemarketing Sales Rule (TSR) is a federal regulation that implements the Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994. The TSR aims to protect consumers from deceptive or abusive telemarketing practices, such as unwanted calls, false or misleading claims, unauthorized billing, and privacy violations1.
• The TSR requires telemarketers and sellers to comply with the National Do Not Call Registry, which is a list of phone numbers of consumers who have indicated that they do not want to receive telemarketing calls2.
• The TSR also requires telemarketers and sellers to honor the do-not-call requests of individual consumers, regardless of whether their numbers are on the National Do Not Call Registry or not2.
• A do-not-call request is a statement made by a consumer, either orally or in writing, that they do not wish to receive any more calls from a specific telemarketer or seller2.
• The TSR requires an entity to share a do-not-call request across its organization when the operational structures of its divisions are not transparent to consumers3. This means that the entity must treat the do-not-call request as if it applies to all of its affiliates and subsidiaries that engage in telemarketing, unless the consumer would reasonably expect them to be separate and distinct entities based on their names, products, or services3.
• The TSR does not require an entity to share a do-not-call request across its organization in the following situations:

References: 1: Telemarketing Sales Rule 2: Q&A for Telemarketers & Sellers About DNC Provisions in TSR 3: Federal Register :: Telemarketing Sales Rule

 The Virginia Consumer Data Protection Act (VCDPA) is a state law that provides comprehensive privacy rights and obligations for consumers and businesses in Virginia. The VCDPA applies to any entity that conducts business in Virginia or produces products or services that are targeted to residents of Virginia and that either: (a) controls or processes personal data of at least 100,000 consumers; or (b) controls or processes personal data of at least 25,000 consumers and derives over 50% of gross revenue from the sale of personal data. However, the VCDPA also provides several exemptions for certain types of entities and data, including an entity exemption for financial institutions or data subject to the Gramm-Leach-Bliley Act (GLBA). This means that organizations that are regulated by the GLBA are not subject to the VCDPA, regardless of the type or source of data they collect or process. The GLBA is a federal law that regulates the collection, use, and disclosure of personal financial information by financial institutions and their affiliates. The GLBA applies to any business that is significantly engaged in financial activities, such as banks, credit unions, securities firms, insurance companies, and certain fintech companies. The GLBA requires financial institutions to provide notice and choice to consumers about their privacy practices, to safeguard the security and confidentiality of consumer information, and to limit the sharing of consumer information with third parties. The GLBA also preempts state laws only to the extent that they are inconsistent with the GLBA, unless the state law provides greater protection to consumers.

The other state laws listed in the question do not have an entity exemption for organizations subject to the GLBA, but they may have partial or data exemptions for certain types of information that are regulated by the GLBA. For example, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are state laws that provide comprehensive privacy rights and obligations for consumers and businesses in California. The CCPA and the CPRA apply to any business that collects or sells the personal information of California residents and that meets one or more of the following thresholds: (a) has annual gross revenues in excess of $25 million; (b) alone or in combination, annually buys, receives for the business’s commercial purposes, sells, or shares for commercial purposes, the personal information of 50,000 or more consumers, households, or devices; or © derives 50% or more of its annual revenues from selling consumers’ personal information. However, the CCPA and the CPRA also provide several exemptions for certain types of entities and data, including a data exemption for personal information collected, processed, sold, or disclosed pursuant to the GLBA, if it is in conflict with the GLBA. This means that information that is subject to the GLBA is exempt from the privacy requirements of the CCPA and the CPRA, but not from the data breach liability provisions. The CCPA and the CPRA do not exempt financial institutions or other entities that are regulated by the GLBA from their scope, unless they only collect or process information that is subject to the GLBA.

The Nevada Privacy Law is a state law that provides privacy rights and obligations for consumers and operators of websites or online services in Nevada. The Nevada Privacy Law applies to any person who owns or operates an Internet website or online service for commercial purposes that collects and maintains covered information from consumers who reside in Nevada and use or visit the Internet website or online service. Covered information includes any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator in an accessible form: (a) a first and last name; (b) a home or other physical address which includes the name of a street and the name of a city or town; © an electronic mail address; (d) a telephone number; (e) a social security number; (f) an identifier that allows a specific person to be contacted either physically or online; or (g) any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable. However, the Nevada Privacy Law also provides several exemptions for certain types of entities and data, including a data exemption for any data that is subject to the GLBA. This means that information that is regulated by the GLBA is exempt from the Nevada Privacy Law, regardless of the type or source of data. The Nevada Privacy Law does not exempt financial institutions or other entities that are subject to the GLBA from its scope, unless they only collect or process information that is subject to the GLBA. References:

• VCDPA, Section 59.1-572 (A) (1)
• GLBA, 15 U.S.C. § 6801 et seq.
• CCPA, Section 1798.145 (e)
• CPRA, Section 1798.121 ©
• Nevada Privacy Law, Section 603A.340 (1) (a)

Larry has a misconception about the applicability of federal law to private-sector employee rights. He believes that the U.S. Constitution protects American workers from various forms of discrimination, harassment, and invasion of privacy by their employers. However, the U.S. Constitution only applies to government actions, not private actions, unless there is a specific federal statute that extends constitutional protections to the private sector1. For example, the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, or national origin by private employers2. The Electronic Communications Privacy Act of 1986 regulates the interception and disclosure of electronic communications by private parties3. The CAN-SPAM Act of 2003 sets the rules for commercial email and gives recipients the right to opt out of receiving unwanted messages4. These are examples of federal laws that apply to private-sector employees, but they do not cover all the situations that Larry faces at SunriseLynx. For instance, there is no federal law that protects private-sector employees from political discrimination or from having their personal mail opened by their employers. Larry may have to rely on state laws or common law torts to seek redress for these violations of his rights. References: 1: Private Sector vs. Public Sector Employee Rights2: [Civil Rights Act of 1964 - Wikipedia] 3: [Electronic Communications Privacy Act - Wikipedia] 4: CAN-SPAM Act: A Compliance Guide for Business : IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 5: Federal Trade Commission and Consumer Privacy, p. 141-142

HIPAA requires covered entities to provide a notice of privacy practices (NPP) to individuals who receive health care services from the covered entity. The NPP must describe how the covered entity may use and disclose protected health information (PHI), the individual’s rights with respect to their PHI, and the covered entity’s obligations to protect the privacy of PHI. The NPP must be provided to the individual no later than the date of the first service delivery, either in person or electronically. The covered entity must also make the NPP available on request and post it on its website if it has one. The covered entity must also make a good faith effort to obtain a written acknowledgment from the individual that they received the NPP. If the individual refuses to sign the acknowledgment, the covered entity must document the attempt and the reason for the refusal.

The other options are not sufficient to comply with HIPAA. Stating the privacy policy verbally (option A) does not provide the individual with a written or electronic copy of the NPP that they can keep for future reference. Posting the privacy notice in a prominent location (option B) does not ensure that the individual receives the NPP or has an opportunity to review it before receiving services. Directing patients to the correct area of the hospital website (option C) does not provide the individual with the NPP at the time of service delivery, unless the individual agrees to receive the NPP electronically and has access to the website at that time. References:

• Notice of Privacy Practices for Protected Health Information
• Model Notices of Privacy Practices
• Sample Notice: Availability of Notice of Privacy Practices
• Notice of Privacy Practices
• Notice of Privacy Practices (NPP) Distribution and Acknowledgement