Quiz IT certification exam

Question 1

What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?

Accepted Answer

The truncation of account numbers on credit card receipts

Answer

The ability for the consumer to correct inaccurate credit report information

Answer

The right to request removal from e-mail lists

Answer

Consumer notice when third-party data is used to make an adverse decision

Question 2

Who has rulemaking authority for the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA)?

Accepted Answer

The Consumer Financial Protection Bureau

Answer

State Attorneys General

Answer

The Federal Trade Commission

Answer

The Department of Commerce

Question 3

Under the Fair and Accurate Credit Transactions Act (FACTA), what is the most appropriate action for a car dealer holding a paper folder of customer credit reports?

Accepted Answer

To follow the Disposal Rule by having the reports shredded

Answer

To follow the Red Flags Rule by mailing the reports to customers

Answer

To follow the Privacy Rule by notifying customers that the reports are being stored

Answer

To follow the Safeguards Rule by transferring the reports to a secure electronic file

Question 4

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

Accepted Answer

Access.

Answer

Notice.

Answer

Action.

Answer

Choice.

Question 5

A company's employee wellness portal offers an app to track exercise activity via users' mobile devices. Which of the following design techniques would most effectively inform users of their data privacy rights and privileges when using the app?

Accepted Answer

Offer information about data collection and uses at key data entry points.

Answer

Publish a privacy policy written in clear, concise, and understandable language.

Answer

Present a privacy policy to users during the wellness program registration process.

Answer

Provide a link to the wellness program privacy policy at the bottom of each screen.

Question 6

Under the Fair Credit Reporting Act (FCRA), what must a person who is denied employment based upon his credit history receive?

Accepted Answer

A prompt notification from the employer.

Answer

An opportunity to reapply with the employer.

Answer

Information from several consumer reporting agencies (CRAs).

Answer

A list of rights from the Consumer Financial Protection Bureau (CFPB).

Question 7

When may a financial institution share consumer information with non-affiliated third parties for marketing purposes?

Accepted Answer

After disclosing information-sharing practices to customers and after giving them an opportunity to opt out.

Answer

After disclosing information-sharing practices to customers and after giving them an opportunity to opt in.

Answer

After disclosing marketing practices to customers and after giving them an opportunity to opt in.

Answer

After disclosing marketing practices to customers and after giving them an opportunity to opt out.

Question 8

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

Accepted Answer

Offer an Opt-Out before transferring PI to an unaffiliated third party for the latter's own use

Answer

Conduct annual consumer surveys regarding satisfaction with user preferences

Answer

Process requests for changes to user preferences within a designated time frame

Answer

Provide consumers with the opportunity to opt out of receiving telemarketing phone calls

Question 9

SCENARIOPlease use the following to answer the next QUESTION:Declan has just started a job as a nursing assistant in a radiology department at Woodland Hospital. He has also started a program to become a registered nurse.Before taking this career path, Declan was vaguely familiar with the Health Insurance Portability and Accountability Act (HIPAA). He now knows that he must help ensure the security of his patients' Protected Health Information (PHI). Therefore, he is thinking carefully about privacy issues.On the morning of his first day, Declan noticed that the newly hired receptionist handed each patient a HIPAA privacy notice. He wondered if it was necessary to give these privacy notices to returning patients, and if the radiology department could reduce paper waste through a system of one-time distribution.He was also curious about the hospital's use of a billing company. He questioned whether the hospital was doing all it could to protect the privacy of its patients if the billing company had details about patients' care.On his first day Declan became familiar with all areas of the hospital's large radiology department. As he was organizing equipment left in the halfway, he overheard a conversation between two hospital administrators. He was surprised to hear that a portable hard drive containing non-encrypted patient information was missing. The administrators expressed relief that the hospital would be able to avoid liability. Declan was surprised, and wondered whether the hospital had plans to properly report what had happened.Despite Declan's concern about this issue, he was amazed by the hospital's effort to integrate Electronic Health Records (EHRs) into the everyday care of patients. He thought about the potential for streamlining care even more if they were accessible to all medical facilities nationwide.Declan had many positive interactions with patients. At the end of his first day, he spoke to one patient, John, whose father had just been diagnosed with a degenerative muscular disease. John was about to get blood work done, and he feared that the blood work could reveal a genetic predisposition to the disease that could affect his ability to obtain insurance coverage. Declan told John that he did not think that was possible, but the patient was wheeled away before he could explain why. John plans to ask a colleague about this.In one month, Declan has a paper due for one his classes on a health topic of his choice. By then, he will have had many interactions with patients he can use as examples. He will be pleased to give credit to John by name for inspiring him to think more carefully about genetic testing.Although Declan's day ended with many Questions, he was pleased about his new position.What is the most likely way that Declan might directly violate the Health Insurance Portability and Accountability Act (HIPAA)?

Accepted Answer

By following through with his plans for his upcoming paper

Answer

By being present when patients are checking in

Answer

By speaking to a patient without prior authorization

Answer

By ignoring the conversation about a potential breach

Question 10

SCENARIOPlease use the following to answer the next QUESTION:Declan has just started a job as a nursing assistant in a radiology department at Woodland Hospital. He has also started a program to become a registered nurse.Before taking this career path, Declan was vaguely familiar with the Health Insurance Portability and Accountability Act (HIPAA). He now knows that he must help ensure the security of his patients' Protected Health Information (PHI). Therefore, he is thinking carefully about privacy issues.On the morning of his first day, Declan noticed that the newly hired receptionist handed each patient a HIPAA privacy notice. He wondered if it was necessary to give these privacy notices to returning patients, and if the radiology department could reduce paper waste through a system of one-time distribution.He was also curious about the hospital's use of a billing company. He Questioned whether the hospital was doing all it could to protect the privacy of its patients if the billing company had details about patients' care.On his first day Declan became familiar with all areas of the hospital's large radiology department. As he was organizing equipment left in the halfway, he overheard a conversation between two hospital administrators. He was surprised to hear that a portable hard drive containing non-encrypted patient information was missing. The administrators expressed relief that the hospital would be able to avoid liability. Declan was surprised, and wondered whether the hospital had plans to properly report what had happened.Despite Declan's concern about this issue, he was amazed by the hospital's effort to integrate Electronic Health Records (EHRs) into the everyday care of patients. He thought about the potential for streamlining care even more if they were accessible to all medical facilities nationwide.Declan had many positive interactions with patients. At the end of his first day, he spoke to one patient, John, whose father had just been diagnosed with a degenerative muscular disease. John was about to get blood work done, and he feared that the blood work could reveal a genetic predisposition to the disease that could affect his ability to obtain insurance coverage. Declan told John that he did not think that was possible, but the patient was wheeled away before he could explain why. John plans to ask a colleague about this.In one month, Declan has a paper due for one his classes on a health topic of his choice. By then, he will have had many interactions with patients he can use as examples. He will be pleased to give credit to John by name for inspiring him to think more carefully about genetic testing.Although Declan's day ended with many Questions, he was pleased about his new position.How can the radiology department address Declan's concern about paper waste and still comply with the Health Insurance Portability and Accountability Act (HIPAA)?

Accepted Answer

Confirm that patients are given the privacy notice on their first visit

Answer

State the privacy policy to the patient verbally

Answer

Post the privacy notice in a prominent location instead

Answer

Direct patients to the correct area of the hospital website

Question 11

SCENARIOPlease use the following to answer the next QUESTION:Declan has just started a job as a nursing assistant in a radiology department at Woodland Hospital. He has also started a program to become a registered nurse.Before taking this career path, Declan was vaguely familiar with the Health Insurance Portability and Accountability Act (HIPAA). He now knows that he must help ensure the security of his patients' Protected Health Information (PHI). Therefore, he is thinking carefully about privacy issues.On the morning of his first day, Declan noticed that the newly hired receptionist handed each patient a HIPAA privacy notice. He wondered if it was necessary to give these privacy notices to returning patients, and if the radiology department could reduce paper waste through a system of one-time distribution.He was also curious about the hospital's use of a billing company. He Questioned whether the hospital was doing all it could to protect the privacy of its patients if the billing company had details about patients' care.On his first day Declan became familiar with all areas of the hospital's large radiology department. As he was organizing equipment left in the halfway, he overheard a conversation between two hospital administrators. He was surprised to hear that a portable hard drive containing non-encrypted patient information was missing. The administrators expressed relief that the hospital would be able to avoid liability. Declan was surprised, and wondered whether the hospital had plans to properly report what had happened.Despite Declan's concern about this issue, he was amazed by the hospital's effort to integrate Electronic Health Records (EHRs) into the everyday care of patients. He thought about the potential for streamlining care even more if they were accessible to all medical facilities nationwide.Declan had many positive interactions with patients. At the end of his first day, he spoke to one patient, John, whose father had just been diagnosed with a degenerative muscular disease. John was about to get blood work done, and he feared that the blood work could reveal a genetic predisposition to the disease that could affect his ability to obtain insurance coverage. Declan told John that he did not think that was possible, but the patient was wheeled away before he could explain why. John plans to ask a colleague about this.In one month, Declan has a paper due for one his classes on a health topic of his choice. By then, he will have had many interactions with patients he can use as examples. He will be pleased to give credit to John by name for inspiring him to think more carefully about genetic testing.Although Declan's day ended with many Questions, he was pleased about his new position.Based on the scenario, what is the most likely way Declan's supervisor would answer his question about the hospital's use of a billing company?

Accepted Answer

By pointing out that contracts are in place to help ensure the observance of minimum security standards

Answer

By suggesting that Declan look at the hospital's publicly posted privacy policy

Answer

By assuring Declan that third parties are prevented from seeing Private Health Information (PHI)

Answer

By describing how the billing system is integrated into the hospital's electronic health records (EHR) system

Question 12

Which entities must comply with the Telemarketing Sales Rule?

Accepted Answer

For-profit organizations and for-profit telefunders regarding charitable solicitations

Answer

Nonprofit organizations calling on their own behalf

Answer

For-profit organizations calling businesses when a binding contract exists between them

Answer

For-profit and not-for-profit organizations when selling additional services to establish customers

Question 13

Under the Telemarketing Sales Rule, what characteristics of consent must be in place for an organization to acquire an exception to the Do-Not-Call rules for a particular consumer?

Accepted Answer

The consent must be in writing, must contain the number to which calls can be made and must be signed

Answer

The consent must be in writing, must state the times when calls can be made to the consumer and must be signed

Answer

The consent must be in writing, must contain the number to which calls can be made and must have an end date

Answer

The consent must be in writing, must have an end data and must state the times when calls can be made

Question 14

When does the Telemarketing Sales Rule require an entity to share a do-not-call request across its organization?

Accepted Answer

When the operational structures of its divisions are not transparent

Answer

When the goods and services sold by its divisions are very similar

Answer

When a call is not the result of an error or other unforeseen cause

Answer

When the entity manages user preferences through multiple platforms

Question 15

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

Accepted Answer

10 days

Answer

7 days

Answer

15 days

Answer

21 days

Question 16

A student has left high school and is attending a public postsecondary institution. Under what condition may a school legally disclose educational records to the parents of the student without consent?

Accepted Answer

If the student is still a dependent for tax purposes

Answer

If the student has not yet turned 18 years of age

Answer

If the student is in danger of academic suspension

Answer

If the student has applied to transfer to another institution

Question 17

In what way does the ''Red Flags Rule'' under the Fair and Accurate Credit Transactions Act (FACTA) relate to the owner of a grocery store who uses a money wire service?

Accepted Answer

It does not apply because the owner is not a creditor

Answer

It mandates the use of updated technology for securing credit records

Answer

It requires the owner to implement an identity theft warning system

Answer

It is not usually enforced in the case of a small financial institution

Question 18

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

Accepted Answer

Financial institutions must help ensure a customer's understanding of products and services

Answer

Financial institutions must avoid collecting a customer's sensitive personal information

Answer

Financial institutions must use a prescribed level of encryption for most types of customer records

Answer

Financial institutions must cease sending e-mails and other forms of advertising to customers who opt out of direct marketing

Question 19

Which act violates the Family Educational Rights and Privacy Act of 1974 (FERPA)?

Accepted Answer

A K-12 assessment vendor obtains a student's signed essay about her hometown from her school to use as an exemplar for public release

Answer

A university posts a public student directory that includes names, hometowns, e-mail addresses, and majors

Answer

A newspaper prints the names, grade levels, and hometowns of students who made the quarterly honor roll

Answer

University police provide an arrest report to a student's hometown police, who suspect him of a similar crime

Question 20

According to FERPA, when can a school disclose records without a student's consent?

Accepted Answer

If the disclosure is to provide transcripts to a school where a student intends to enroll

Answer

If the disclosure is not to be conducted through email to the third party

Answer

If the disclosure would not reveal a student's student identification number

Answer

If the disclosure is to practitioners who are involved in a student's health care

Question 21

What is the main purpose of the CAN-SPAM Act?

Accepted Answer

To ensure that organizations respect individual rights when using electronic advertising

Answer

To diminish the use of electronic messages to send sexually explicit materials

Answer

To authorize the states to enforce federal privacy laws for electronic marketing

Answer

To empower the FTC to create rules for messages containing sexually explicit content

Question 22

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

Answer

Training on techniques for identifying phishing attempts

Answer

Training on the terms of the contractual agreement with HealthCo

Answer

Training on the difference between confidential and non-public information

Answer

Training on CloudHealth's HR policy regarding the role of employees involved data breaches

Question 23

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

Accepted Answer

Security Safeguards

Answer

Administrative Safeguards

Answer

Technical Safeguards

Answer

Physical Safeguards

Question 24

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

Accepted Answer

Respond with a request for satisfactory assurances such as a qualified protective order

Answer

Reject the request because the HIPAA privacy rule only permits disclosure for payment, treatment or healthcare operations

Answer

Turn over all of the compromised patient records to the plaintiff's attorney

Answer

Respond with a redacted document only relative to the plaintiff

Question 25

Which of the following types of information would an organization generally NOT be required to disclose to law enforcement?

Accepted Answer

Personal health information under the HIPAA Privacy Rule

Answer

Information about medication errors under the Food, Drug and Cosmetic Act

Answer

Money laundering information under the Bank Secrecy Act of 1970

Answer

Information about workspace injuries under OSHA requirements

Question 26

A law enforcement subpoenas the ACME telecommunications company for access to text message records of a person suspected of planning a terrorist attack. The company had previously encrypted its text message records so that only the suspect could access this data.What law did ACME violate by designing the service to prevent access to the information by a law enforcement agency?

Accepted Answer

CALEA

Answer

SCA

Answer

ECPA

Answer

USA Freedom Act

Question 27

What practice do courts commonly require in order to protect certain personal information on documents, whether paper or electronic, that is involved in litigation?

Accepted Answer

Redaction

Answer

Encryption

Answer

Deletion

Answer

Hashing

Question 28

What is an exception to the Electronic Communications Privacy Act of 1986 ban on interception of wire, oral and electronic communications?

Accepted Answer

Where one of the parties has given consent

Answer

Where state law permits such interception

Answer

If an organization intercepts an employee's purely personal call

Answer

Only if all parties have given consent

Question 29

What was the original purpose of the Foreign Intelligence Surveillance Act?

Accepted Answer

To further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution.

Answer

To further define what information can reasonably be under surveillance in public places under the USA PATRIOT Act, such as Internet access in public libraries.

Answer

To further clarify a reasonable expectation of privacy stemming from the Katz v. United States decision.

Answer

To further clarify when a warrant is not required for a wiretap performed internally by the telephone company outside the suspect's home, stemming from the Olmstead v. United States decision.

Question 30

What practice does the USA FREEDOM Act NOT authorize?

Accepted Answer

The bulk collection of telephone data and internet metadata

Answer

Emergency exceptions that allows the government to target roamers

Answer

An increase in the maximum penalty for material support to terrorism

Answer

An extension of the expiration for roving wiretaps

Question 31

Why was the Privacy Protection Act of 1980 drafted?

Accepted Answer

To assist prosecutors in civil litigation against newspaper companies

Answer

To respond to police searches of newspaper facilities

Answer

To assist in the prosecution of white-collar crimes

Answer

To protect individuals from personal privacy invasion by the police

Question 32

The rules for ''e-discovery'' mainly prevent which of the following?

Accepted Answer

A conflict between business practice and technological safeguards

Answer

The loss of information due to poor data retention practices

Answer

The practice of employees using personal devices for work

Answer

A breach of an organization's data retention program

Question 33

What do the Civil Rights Act, Pregnancy Discrimination Act, Americans with Disabilities Act, Age Discrimination Act, and Equal Pay Act all have in common?

Accepted Answer

They afford certain classes of employees' privacy protection by limiting inquiries concerning their personal information

Answer

They require employers not to discriminate against certain classes when employees use personal information

Answer

They require that employers provide reasonable accommodations to certain classes of employees

Answer

They permit employers to use or disclose personal information specifically about employees who are members of certain classes

Question 34

Which is an exception to the general prohibitions on telephone monitoring that exist under the U.S. Wiretap Act?

Accepted Answer

Ordinary course of business exception

Answer

Call center exception

Answer

Inter-company communications exception

Answer

Internet calls exception

Question 35

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

Accepted Answer

The applicability of federal law

Answer

The enforceability of local law

Answer

The strict nature of state law

Answer

The definition of tort law

Question 36

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

Accepted Answer

Discrimination

Answer

Defamation

Answer

Intrusion upon seclusion

Answer

Publicity given to private life

Question 37

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

Accepted Answer

The Stored Communications Act (SCA)

Answer

The Whistleblower Protection Act

Answer

The National Labor Relations Act (NLRA)

Answer

The Fair and Accurate Credit Transactions Act (FACTA)

Question 38

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

Accepted Answer

The wishes of recipients who request callbacks

Answer

The conditions under which recipients can opt out

Answer

The right to monitor calls for quality assurance

Answer

The relationship of state law to federal law

Question 39

Which of the following best describes private-sector workplace monitoring in the United States?

Accepted Answer

Employers have broad authority to monitor their employees

Answer

U.S. federal law restricts monitoring only to industries for which it is necessary

Answer

Judgments in private lawsuits have severely limited the monitoring of employees

Answer

Most employees are protected from workplace monitoring by the U.S. Constitution

Question 40

Which of the following is most likely to provide privacy protection to private-sector employees in the United States?

Accepted Answer

State law, contract law, and tort law

Answer

The Federal Trade Commission Act (FTC Act)

Answer

Amendments one, four, and five of the U.S. Constitution

Answer

The U.S. Department of Health and Human Services (HHS)

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