IAPP CIPP-US Practice Test - Questions Answers, Page 10

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.Reference:

Security Breach Notification Chart | Perkins Coie

State Data Breach Notification Chart - International Association of ...

Under state breach notification laws, personal information is typically defined as an individual's first name or first initial and last name plus one or more other data elements, such as Social Security number, state identification number, account number, medical information, etc. However, first and last name alone are not usually considered personal information, unless they are combined with other data elements that could identify the individual or compromise their security or privacy.Therefore, option B is the correct answer, as it is not typically included in the definition of personal information under state breach notification laws.Reference: https://www.ncsl.org/technology-and-communication/security-breach-notification-laws https://iapp.org/resources/article/state-data-breach-notification-chart/

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 enforcing privacy 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.Reference:

U S. Private-Sector Privacy, Third Editionby 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 actionby Paula Bruening, IAPP Privacy Perspectives, Jan 20, 2022. Private Right of Action (Legal Definition & Examples)by Lawrina, accessed on Jan 25, 2022.

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 privacy frameworks.Reference:APEC Privacy Framework (2015),APEC Privacy Principles, IAPP CIPP/US Study Guide, Chapter 4.

The FTC has stated that it is a deceptive practice to make retroactive changes to a privacy policy that affect how a company uses or shares previously collected personal information, unless the company obtains affirmative consent from the affected consumers. This means that the company must clearly and conspicuously disclose the changes and obtain the consumers' express agreement to them. Simply describing the policy changes on the website, publicizing them through social media, or reassuring customers of the security of their information are not sufficient to comply with the FTC's position.Reference:

FTC Staff Revises Online Behavioral Advertising Principles, paragraph 3.

Do I really have to obtain consent from all my customers to make a change to my privacy policy?, paragraph 2.

IAPP CIPP/US Study Guide, page 64.

The Children's Online Privacy Protection Act (COPPA) is a federal law that regulates the online collection and use of personal information from children under 13 years of age. COPPA requires operators of websites or online services that are directed to children, or that knowingly collect personal information from children, to obtain verifiable parental consent before collecting, using, or disclosing such information. Verifiable parental consent means any reasonable effort (taking into consideration available technology) to ensure that before personal information is collected from a child, the child's parent receives notice of the operator's information practices and consents to those practices. COPPA also imposes other obligations on operators, such as providing parents with access to their children's information, maintaining reasonable security measures, and limiting data retention.Reference:COPPA,IAPP CIPP/US Study Guide, Chapter 2, Section 2.3.1

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 privacy laws 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.Reference:

Why Is Data Classification Important?

Data Classification for GDPR Explained

Data classification and privacy considerations

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.Reference:

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

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.Reference:

Registered Data Brokers in the United States: 2021 | Privacy Rights ...

Am I A Data Broker?: A Quick Primer on State Laws Regulating a ... - Taft