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SCENARIO

Please use the following to answer the next QUESTION:

Amira is thrilled about the sudden expansion of NatGen. As the joint Chief Executive Officer (CEO) with her long-time business partner Sadie, Amira has watched the company grow into a major competitor in the green energy market. The current line of products includes wind turbines, solar energy panels, and equipment for geothermal systems. A talented team of developers means that NatGen's line of products will only continue to grow.

With the expansion, Amira and Sadie have received advice from new senior staff members brought on to help manage the company's growth. One recent suggestion has been to combine the legal and security functions of the company to ensure observance of privacy laws and the company's own privacy policy. This sounds overly complicated to Amira, who wants departments to be able to use, collect, store, and dispose of customer data in ways that will best suit their needs. She does not want administrative oversight and complex structuring to get in the way of people doing innovative work.

Sadie has a similar outlook. The new Chief Information Officer (CIO) has proposed what Sadie believes is an unnecessarily long timetable for designing a new privacy program. She has assured him that NatGen will use the best possible equipment for electronic storage of customer and employee data. She simply needs a list of equipment and an estimate of its cost. But the CIO insists that many issues are necessary to consider before the company gets to that stage.

Regardless, Sadie and Amira insist on giving employees space to do their jobs. Both CEOs want to entrust the monitoring of employee policy compliance to low-level managers. Amira and Sadie believe these managers can adjust the company privacy policy according to what works best for their particular departments. NatGen's CEOs know that flexible interpretations of the privacy policy in the name of promoting green energy would be highly unlikely to raise any concerns with their customer base, as long as the data is always used in course of normal business activities.

Perhaps what has been most perplexing to Sadie and Amira has been the CIO's recommendation to institute a privacy compliance hotline. Sadie and Amira have relented on this point, but they hope to compromise by allowing employees to take turns handling reports of privacy policy violations. The implementation will be easy because the employees need no special preparation. They will simply have to document any concerns they hear.

Sadie and Amira are aware that it will be challenging to stay true to their principles and guard against corporate culture strangling creativity and employee morale. They hope that all senior staff will see the benefit of trying a unique approach.

If Amira and Sadie's ideas about adherence to the company's privacy policy go unchecked, the Federal Communications Commission (FCC) could potentially take action against NatGen for what?

A.

Deceptive practices.

A.

Deceptive practices.

Answers
B.

Failing to institute the hotline.

B.

Failing to institute the hotline.

Answers
C.

Failure to notify of processing.

C.

Failure to notify of processing.

Answers
D.

Negligence in consistent training.

D.

Negligence in consistent training.

Answers
Suggested answer: A

Explanation:

If Amira and Sadie's ideas about adherence to the company's privacy policy go unchecked, the Federal Communications Commission (FCC) could potentially take action against NatGen for deceptive practices. This is because the FCC has the authority to enforce Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices in or affecting commerce. By allowing different departments to use, collect, store, and dispose of customer data in ways that may not be consistent with the company's privacy policy, NatGen may be misleading its customers about how their personal information is protected and used. This could violate the FTC Act and expose NatGen to enforcement actions, fines, and reputational damage.Reference: [FCC Enforcement], [FTC Act], [Privacy Policy]

SCENARIO

Please use the following to answer the next QUESTION:

Amira is thrilled about the sudden expansion of NatGen. As the joint Chief Executive Officer (CEO) with her long-time business partner Sadie, Amira has watched the company grow into a major competitor in the green energy market. The current line of products includes wind turbines, solar energy panels, and equipment for geothermal systems. A talented team of developers means that NatGen's line of products will only continue to grow.

With the expansion, Amira and Sadie have received advice from new senior staff members brought on to help manage the company's growth. One recent suggestion has been to combine the legal and security functions of the company to ensure observance of privacy laws and the company's own privacy policy. This sounds overly complicated to Amira, who wants departments to be able to use, collect, store, and dispose of customer data in ways that will best suit their needs. She does not want administrative oversight and complex structuring to get in the way of people doing innovative work.

Sadie has a similar outlook. The new Chief Information Officer (CIO) has proposed what Sadie believes is an unnecessarily long timetable for designing a new privacy program. She has assured him that NatGen will use the best possible equipment for electronic storage of customer and employee data. She simply needs a list of equipment and an estimate of its cost. But the CIO insists that many issues are necessary to consider before the company gets to that stage.

Regardless, Sadie and Amira insist on giving employees space to do their jobs. Both CEOs want to entrust the monitoring of employee policy compliance to low-level managers. Amira and Sadie believe these managers can adjust the company privacy policy according to what works best for their particular departments. NatGen's CEOs know that flexible interpretations of the privacy policy in the name of promoting green energy would be highly unlikely to raise any concerns with their customer base, as long as the data is always used in course of normal business activities.

Perhaps what has been most perplexing to Sadie and Amira has been the CIO's recommendation to institute a privacy compliance hotline. Sadie and Amira have relented on this point, but they hope to compromise by allowing employees to take turns handling reports of privacy policy violations. The implementation will be easy because the employees need no special preparation. They will simply have to document any concerns they hear.

Sadie and Amira are aware that it will be challenging to stay true to their principles and guard against corporate culture strangling creativity and employee morale. They hope that all senior staff will see the benefit of trying a unique approach.

Based on the scenario, what additional change will increase the effectiveness of the privacy compliance hotline?

A.

Outsourcing the hotline.

A.

Outsourcing the hotline.

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B.

A system for staff education.

B.

A system for staff education.

Answers
C.

Strict communication channels.

C.

Strict communication channels.

Answers
D.

An ethics complaint department.

D.

An ethics complaint department.

Answers
Suggested answer: B

Explanation:

Based on the scenario, an additional change that will increase the effectiveness of the privacy compliance hotline is a system for staff education. A privacy compliance hotline is a mechanism for employees, customers, or other stakeholders to report any concerns or violations of the company's privacy policy or applicable laws. However, a hotline alone is not sufficient to ensure a robust and compliant privacy program. Employees also need to be educated and trained on the importance of privacy, the company's privacy policy and procedures, their roles and responsibilities, and the consequences of non-compliance. A system for staff education can help raise awareness, foster a culture of privacy, and prevent or mitigate potential risks.Reference: [Privacy Compliance Hotline], [Staff Education]

If an organization maintains a separate ethics office, to whom would its officer typically report to in order to retain the greatest degree of independence?

A.

The Board of Directors.

A.

The Board of Directors.

Answers
B.

The Chief Financial Officer.

B.

The Chief Financial Officer.

Answers
C.

The Human Resources Director.

C.

The Human Resources Director.

Answers
D.

The organization's General Counsel.

D.

The organization's General Counsel.

Answers
Suggested answer: A

Explanation:

If an organization maintains a separate ethics office, its officer would typically report to the Board of Directors in order to retain the greatest degree of independence.This is because the Board of Directors is the highest governing body of the organization and has the authority and responsibility to oversee the ethical conduct and performance of the organization and its management1Reporting to the Board of Directors would enable the ethics officer to avoid any potential conflicts of interest or undue influence from other senior executives or managers who may have a stake in the ethical issues or decisions that the ethics office handles2Reporting to the Board of Directors would also enhance the credibility and legitimacy of the ethics office and its recommendations, as well as demonstrate the organization's commitment to ethical values and culture3

The other options are not as suitable as reporting to the Board of Directors for retaining the greatest degree of independence for the ethics office.Reporting to the Chief Financial Officer may create a conflict of interest or a perception of bias if the ethical issues or decisions involve financial matters or implications4Reporting to the Human Resources Director may limit the scope or authority of the ethics office to deal with ethical issues or decisions that go beyond human resources policies or practices5Reporting to the organization's General Counsel may blur the distinction or create confusion between legal compliance and ethical conduct, as well as raise concerns about attorney-client privilege or confidentiality6Reference:1:Board Responsibilities | BoardSource;2:Ethics Officer: Job Description, Duties and Requirements;3:The Role Of The Ethics And Compliance Officer In The 21st Century | Corporate Compliance Insights;4:Ethics Officer: Job Description, Duties and Requirements;5:Ethics Officer: Job Description, Duties and Requirements;6:Ethics Officer: Job Description, Duties and Requirements

Which of the following is an example of Privacy by Design (PbD)?

A.

A company hires a professional to structure a privacy program that anticipates the increasing demands of new laws.

A.

A company hires a professional to structure a privacy program that anticipates the increasing demands of new laws.

Answers
B.

The human resources group develops a training program for employees to become certified in privacy policy.

B.

The human resources group develops a training program for employees to become certified in privacy policy.

Answers
C.

A labor union insists that the details of employers' data protection methods be documented in a new contract.

C.

A labor union insists that the details of employers' data protection methods be documented in a new contract.

Answers
D.

The information technology group uses privacy considerations to inform the development of new networking software.

D.

The information technology group uses privacy considerations to inform the development of new networking software.

Answers
Suggested answer: D

Explanation:

This is an example of Privacy by Design (PbD), which is an approach to systems engineering that integrates privacy into the design and development of products, services, and processes from the outset7PbD aims to ensure that privacy is embedded into the core functionality of any system or service, rather than being added as an afterthought or a trade-off.PbD is based on seven foundational principles: proactive not reactive; preventive not remedial; privacy as the default setting; privacy embedded into design; full functionality -- positive-sum, not zero-sum; end-to-end security -- full lifecycle protection; visibility and transparency -- keep it open; and respect for user privacy -- keep it user-centric8

In regards to the collection of personal data conducted by an organization, what must the data subject be allowed to do?

A.

Evaluate the qualifications of a third-party processor before any data is transferred to that processor.

A.

Evaluate the qualifications of a third-party processor before any data is transferred to that processor.

Answers
B.

Obtain a guarantee of prompt notification in instances involving unauthorized access of the data.

B.

Obtain a guarantee of prompt notification in instances involving unauthorized access of the data.

Answers
C.

Set a time-limit as to how long the personal data may be stored by the organization.

C.

Set a time-limit as to how long the personal data may be stored by the organization.

Answers
D.

Challenge the authenticity of the personal data and have it corrected if needed.

D.

Challenge the authenticity of the personal data and have it corrected if needed.

Answers
Suggested answer: D

Explanation:

In regards to the collection of personal data conducted by an organization, the data subject must be allowed to challenge the authenticity of the personal data and have it corrected if needed.This is a fundamental right of data subjects under various data protection laws and regulations, such as the EU General Data Protection Regulation (GDPR)1, the California Consumer Privacy Act (CCPA)2, and the Personal Data Protection Act (PDPA) of Singapore3. This right enables data subjects to verify the accuracy and completeness of their personal data and to request rectification or erasure of any inaccurate or incomplete data. This right also helps organizations to maintain high standards of data quality and integrity.

In which situation would a Privacy Impact Assessment (PIA) be the least likely to be required?

A.

If a company created a credit-scoring platform five years ago.

A.

If a company created a credit-scoring platform five years ago.

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B.

If a health-care professional or lawyer processed personal data from a patient's file.

B.

If a health-care professional or lawyer processed personal data from a patient's file.

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C.

If a social media company created a new product compiling personal data to generate user profiles.

C.

If a social media company created a new product compiling personal data to generate user profiles.

Answers
D.

If an after-school club processed children's data to determine which children might have food allergies.

D.

If an after-school club processed children's data to determine which children might have food allergies.

Answers
Suggested answer: A

Explanation:

A Privacy Impact Assessment (PIA) is a process that helps to identify and mitigate the privacy risks of a project or activity that involves personal data. A PIA is usually required when there is a new or significant change in the way personal data is collected, used, or disclosed. Therefore, a PIA would be the least likely to be required if a company created a credit-scoring platform five years ago, as this would not be a new or significant change. The other situations involve new or changed processing of personal data that could have privacy impacts, such as sensitive data (health or children's data), profiling data (user profiles), or large-scale data (patient's file).Reference:CIPM Study Guide, page 30;Guide to undertaking privacy impact assessments.

Under the General Data Protection Regulation (GDPR), what must be included in a written agreement between the controller and processor in relation to processing conducted on the controller's behalf?

A.

An obligation on the processor to report any personal data breach to the controller within 72 hours.

A.

An obligation on the processor to report any personal data breach to the controller within 72 hours.

Answers
B.

An obligation on both parties to report any serious personal data breach to the supervisory authority.

B.

An obligation on both parties to report any serious personal data breach to the supervisory authority.

Answers
C.

An obligation on both parties to agree to a termination of the agreement if the other party is responsible for a personal data breach.

C.

An obligation on both parties to agree to a termination of the agreement if the other party is responsible for a personal data breach.

Answers
D.

An obligation on the processor to assist the controller in complying with the controller's obligations to notify the supervisory authority about personal data breaches.

D.

An obligation on the processor to assist the controller in complying with the controller's obligations to notify the supervisory authority about personal data breaches.

Answers
Suggested answer: D

Explanation:

Under the GDPR, a written agreement between the controller and processor must include an obligation on the processor to assist the controller in complying with the controller's obligations to notify the supervisory authority and the data subjects about personal data breaches.This is stated in Article 28(3)(f) of the GDPR1. The other options are not required by the GDPR, although they may be included in the agreement as additional clauses.The obligation to report any personal data breach to the controller within 72 hours is imposed on the processor by Article 33(2) of the GDPR1, not by the agreement.The obligation to report any serious personal data breach to the supervisory authority is imposed on the controller by Article 33(1) of the GDPR1, not by the agreement. The termination of the agreement in case of a personal data breach is not a mandatory provision under the GDPR, but rather a contractual matter that may depend on the circumstances and severity of the breach.Reference:GDPR

SCENARIO

Please use the following to answer the next QUESTION:

Perhaps Jack Kelly should have stayed in the U.S. He enjoys a formidable reputation inside the company, Special Handling Shipping, for his work in reforming certain 'rogue' offices. Last year, news broke that a police sting operation had revealed a drug ring operating in the Providence, Rhode Island office in the United States. Video from the office's video surveillance cameras leaked to news operations showed a drug exchange between Special Handling staff and undercover officers.

In the wake of this incident, Kelly had been sent to Providence to change the 'hands off' culture that upper management believed had let the criminal elements conduct their illicit transactions. After a few weeks under Kelly's direction, the office became a model of efficiency and customer service. Kelly monitored his workers' activities using the same cameras that had recorded the illegal conduct of their former co-workers.

Now Kelly has been charged with turning around the office in Cork, Ireland, another trouble spot. The company has received numerous reports of the staff leaving the office unattended. When Kelly arrived, he found that even when present, the staff often spent their days socializing or conducting personal business on their mobile phones. Again, he observed their behaviors using surveillance cameras. He issued written reprimands to six staff members based on the first day of video alone.

Much to Kelly's surprise and chagrin, he and the company are now under investigation by the Data Protection Commissioner of Ireland for allegedly violating the privacy rights of employees. Kelly was told that the company's license for the cameras listed facility security as their main use, but he does not know why this matters. He has pointed out to his superiors that the company's training programs on privacy protection and data collection mention nothing about surveillance video.

You are a privacy protection consultant, hired by the company to assess this incident, report on the legal and compliance issues, and recommend next steps.

What does this example best illustrate about training requirements for privacy protection?

A.

Training needs must be weighed against financial costs.

A.

Training needs must be weighed against financial costs.

Answers
B.

Training on local laws must be implemented for all personnel.

B.

Training on local laws must be implemented for all personnel.

Answers
C.

Training must be repeated frequently to respond to new legislation.

C.

Training must be repeated frequently to respond to new legislation.

Answers
D.

Training must include assessments to verify that the material is mastered.

D.

Training must include assessments to verify that the material is mastered.

Answers
Suggested answer: B

Explanation:

This answer is the best way to illustrate the training requirements for privacy protection, as it shows the importance of understanding and complying with the different legal and regulatory frameworks that apply to the organization's data processing activities in different jurisdictions. Training on local laws must be implemented for all personnel who are involved in or responsible for collecting, using, disclosing, storing or transferring personal data across borders, as they may face different obligations and restrictions depending on the nature and location of the data and the data subjects.Training on local laws can help to prevent or mitigate the risks of violating the privacy rights of individuals, facing legal actions, fines, sanctions or investigations from authorities, or losing trust and reputation among customers, partners and stakeholders.Reference: IAPP CIPM Study Guide, page 901; ISO/IEC 27002:2013, section 7.2.2

SCENARIO

Please use the following to answer the next QUESTION:

Perhaps Jack Kelly should have stayed in the U.S. He enjoys a formidable reputation inside the company, Special Handling Shipping, for his work in reforming certain 'rogue' offices. Last year, news broke that a police sting operation had revealed a drug ring operating in the Providence, Rhode Island office in the United States. Video from the office's video surveillance cameras leaked to news operations showed a drug exchange between Special Handling staff and undercover officers.

In the wake of this incident, Kelly had been sent to Providence to change the 'hands off' culture that upper management believed had let the criminal elements conduct their illicit transactions. After a few weeks under Kelly's direction, the office became a model of efficiency and customer service. Kelly monitored his workers' activities using the same cameras that had recorded the illegal conduct of their former co-workers.

Now Kelly has been charged with turning around the office in Cork, Ireland, another trouble spot. The company has received numerous reports of the staff leaving the office unattended. When Kelly arrived, he found that even when present, the staff often spent their days socializing or conducting personal business on their mobile phones. Again, he observed their behaviors using surveillance cameras. He issued written reprimands to six staff members based on the first day of video alone.

Much to Kelly's surprise and chagrin, he and the company are now under investigation by the Data Protection Commissioner of Ireland for allegedly violating the privacy rights of employees. Kelly was told that the company's license for the cameras listed facility security as their main use, but he does not know why this matters. He has pointed out to his superiors that the company's training programs on privacy protection and data collection mention nothing about surveillance video.

You are a privacy protection consultant, hired by the company to assess this incident, report on the legal and compliance issues, and recommend next steps.

Knowing that the regulator is now investigating, what would be the best step to take?

A.

Consult an attorney experienced in privacy law and litigation.

A.

Consult an attorney experienced in privacy law and litigation.

Answers
B.

Use your background and knowledge to set a course of action.

B.

Use your background and knowledge to set a course of action.

Answers
C.

If you know the organization is guilty, advise it to accept the punishment.

C.

If you know the organization is guilty, advise it to accept the punishment.

Answers
D.

Negotiate the terms of a settlement before formal legal action takes place.

D.

Negotiate the terms of a settlement before formal legal action takes place.

Answers
Suggested answer: A

Explanation:

This answer is the best step to take knowing that the regulator is now investigating, as it can help the organization to obtain legal advice and representation on how to respond to and cooperate with the investigation, as well as how to defend or resolve any potential claims or disputes that may arise from the incident. Consulting an attorney experienced in privacy law and litigation can also help the organization to understand its rights and obligations under the applicable laws and regulations, as well as the possible outcomes and consequences of the investigation.An attorney can also assist the organization in preparing and submitting any required documents or evidence, communicating with the regulator or other parties, negotiating a settlement or agreement, or challenging or appealing any decisions or actions taken by the regulator.Reference: IAPP CIPM Study Guide, page 871; ISO/IEC 27002:2013, section 16.1.5

SCENARIO

Please use the following to answer the next QUESTION:

Perhaps Jack Kelly should have stayed in the U.S. He enjoys a formidable reputation inside the company, Special Handling Shipping, for his work in reforming certain 'rogue' offices. Last year, news broke that a police sting operation had revealed a drug ring operating in the Providence, Rhode Island office in the United States. Video from the office's video surveillance cameras leaked to news operations showed a drug exchange between Special Handling staff and undercover officers.

In the wake of this incident, Kelly had been sent to Providence to change the 'hands off' culture that upper management believed had let the criminal elements conduct their illicit transactions. After a few weeks under Kelly's direction, the office became a model of efficiency and customer service. Kelly monitored his workers' activities using the same cameras that had recorded the illegal conduct of their former co-workers.

Now Kelly has been charged with turning around the office in Cork, Ireland, another trouble spot. The company has received numerous reports of the staff leaving the office unattended. When Kelly arrived, he found that even when present, the staff often spent their days socializing or conducting personal business on their mobile phones. Again, he observed their behaviors using surveillance cameras. He issued written reprimands to six staff members based on the first day of video alone.

Much to Kelly's surprise and chagrin, he and the company are now under investigation by the Data Protection Commissioner of Ireland for allegedly violating the privacy rights of employees. Kelly was told that the company's license for the cameras listed facility security as their main use, but he does not know why this matters. He has pointed out to his superiors that the company's training programs on privacy protection and data collection mention nothing about surveillance video.

You are a privacy protection consultant, hired by the company to assess this incident, report on the legal and compliance issues, and recommend next steps.

What should you advise this company regarding the status of security cameras at their offices in the United States?

A.

Add security cameras at facilities that are now without them.

A.

Add security cameras at facilities that are now without them.

Answers
B.

Set policies about the purpose and use of the security cameras.

B.

Set policies about the purpose and use of the security cameras.

Answers
C.

Reduce the number of security cameras located inside the building.

C.

Reduce the number of security cameras located inside the building.

Answers
D.

Restrict access to surveillance video taken by the security cameras and destroy the recordings after a designated period of time.

D.

Restrict access to surveillance video taken by the security cameras and destroy the recordings after a designated period of time.

Answers
Suggested answer: D

Explanation:

This answer is the best way to advise this company regarding the status of security cameras at their offices in the United States, as it can help to protect the privacy and security of the employees and visitors who are recorded by the cameras, as well as to comply with any applicable laws and regulations that may limit or regulate the use of surveillance video. Restricting access to surveillance video means that only authorized personnel who have a legitimate business need can view, copy, share or disclose the video, and that they must follow proper procedures and safeguards to prevent unauthorized or unlawful access, use or disclosure. Destroying the recordings after a designated period of time means that the video is not kept longer than necessary for the purpose for which it was collected, and that it is disposed of securely and irreversibly.The designated period of time should be based on the legal, operational and risk factors that may affect the retention of the video, such as potential litigation, investigations, audits or claims.Reference: IAPP CIPM Study Guide, page 831; ISO/IEC 27002:2013, section 8.3.2

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