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SCENARIO Please use the following to answer the next question; Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department of Defense and other U.S. federal agencies Jane's manager, Patrick, is a French citizen who has been living in California for over a decade. Patrick has recently begun to suspect that Jane is an insider secretly transmitting trade secrets to foreign intelligence. Unbeknownst to Patrick, the FBI has already received a hint from anonymous whistleblower, and jointly with the National Secunty Agency is investigating Jane's possible implication in a sophisticated foreign espionage campaign Ever since the pandemic. Jane has been working from home. To complete her daily tasks she uses her corporate laptop, which after each togin conspicuously provides notice that the equipment belongs to Jones Labs and may be monitored according to the enacted privacy policy and employment handbook Jane also has a corporate mobile phone that she uses strictly for business, the terms of which are defined in her employment contract and elaborated upon in her employee handbook. Both the privacy policy and the employee handbook are revised annually by a reputable California law firm specializing in privacy law. Jane also has a personal iPhone that she uses for private purposes only. Jones Labs has its primary data center in San Francisco, which is managed internally by Jones Labs engineers The secondary data center, managed by Amazon AWS. is physically located in the UK for disaster recovery purposes. Jones Labs' mobile devices backup is managed by a mid-sized mobile delense company located in Denver, which physically stores the data in Canada to reduce costs. Jones Labs MS Office documents are securely stored in a Microsoft Office 365 data When storing Jane's fingerprint for remote authentication. Jones Labs should consider legality issues under which of the following9



SCENARIO Please use the following to answer the next question; Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering tliehealth appointments, where patients can have virtual appointments with on-site doctors via a phone app For this new initiative. Miraculous is considering a product built by MedApps, a company that makes quality teleheaith apps for healthcare practices and licenses them to be used with the practices' branding. MedApps provides technical support for the app. which it hosts in the cloud. MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service Riya is the Privacy Officer at Miraculous, responsible for the practice's compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices. as well as negotiating the terms of vendor agreements. Riya is currently reviewing the suitability of the MedApps app from a privacy perspective. Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps' optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedAppsa If MedApps receives an access request under CCPAfrom a California-based app user, how should It handle the request?

SCENARIO Please use the following to answer the next question; Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering teleheaith appointments, where patients can have virtual appointments with on-site doctors via a phone app For this new initiative. Miraculous is considering a product built by MedApps, a company that makes quality teleheaith apps for healthcare practices and licenses them to be used with the practices' branding. MedApps provides technical support for the app. which it hosts in the cloud MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service Riya is the Privacy Officer at Miraculous, responsible for the practice's compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place. She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices. as well as negotiating the terms of vendor agreements Riya is currently reviewing the suitability of the MedApps app from a privacy perspective. Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps' optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedApps What is the most practical action Riya can take to minimize the privacy risks of using an app for telehealth appointments?

SCENARIO Please use the following to answer the next question; Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering telehealth appointments, where patients can have virtual appointments with on-site doctors via a phone app. For this new initiative. Miraculous is considering a product built by MedApps. a company that makes quality telehealth apps for healthcare practices and licenses them to be used with the practices' branding. MedApps provides technical support for the app. which it hosts in the cloud MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service Riya is the Privacy Officer at Miraculous, responsible for the practice s compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place. She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices. as well as negotiating the terms of vendor agreements Riya is currently reviewing the suitability of the MedApps app from a pnvacy perspective Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps' optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedApps Which of the following would accurately describe the relationship of the parties if they enter into a contract for use of the app?




Read this notice:

Our website uses cookies. Cookies allow us to identify the computer or device you're using to access the site, but they don't identify you personally. For instructions on setting your Web browser to refuse cookies, click here.

What type of legal choice does not notice provide?

A.

Mandatory

A.

Mandatory

Answers
B.

Implied consent

B.

Implied consent

Answers
C.

Opt-in

C.

Opt-in

Answers
D.

Opt-out

D.

Opt-out

Answers
Suggested answer: B

Explanation:

A cookie is a small piece of data that a website sends to a user's browser and stores on the user's device, usually for the purpose of remembering the user's preferences, settings, or actions1.

A cookie notice is a message that informs the user about the website's use of cookies and the user's choices regarding the acceptance or rejection of cookies2.

A legal choice is the mechanism that the website provides to the user to express their consent or dissent to the use of cookies2.

There are different types of legal choices for cookie notices, depending on the applicable laws and regulations, such as the General Data Protection Regulation (GDPR) in the European Union or the California Consumer Privacy Act (CCPA) in the United States34.

The four types of legal choices mentioned in the question are:

Mandatory: The website does not allow the user to access the site unless they accept the use of cookies.This type of choice is generally considered unlawful and non-compliant with the GDPR and the CCPA34.

Implied consent: The website assumes that the user consents to the use of cookies by continuing to browse the site or by dismissing the cookie notice. This type of choice is often used by websites that operate in the U.S.or other jurisdictions that do not have strict cookie laws, but it may not be sufficient for the GDPR or the CCPA34.

Opt-in: The website requires the user to explicitly agree to the use of cookies by clicking a button or checking a box.This type of choice is usually compliant with the GDPR and the CCPA, as it ensures that the user gives informed and affirmative consent34.

Opt-out: The website allows the user to reject the use of cookies by clicking a link or changing their browser settings.This type of choice is also compliant with the GDPR and the CCPA, as it gives the user the right to withdraw their consent at any time34.

Based on the description of the cookie notice in the question, the type of legal choice that the notice provides isimplied consent, as the website does not explicitly ask for the user's agreement, but rather assumes that the user accepts the use of cookies by using the site. The notice also provides a link for the user to opt out of cookies by setting their browser to refuse them.

SCENARIO

Please use the following to answer the next QUESTION:

Cheryl is the sole owner of Fitness Coach, Inc., a medium-sized company that helps individuals realize their physical fitness goals through classes, individual instruction, and access to an extensive indoor gym. She has owned the company for ten years and has always been concerned about protecting customer's privacy while maintaining the highest level of service. She is proud that she has built long-lasting customer relationships.

Although Cheryl and her staff have tried to make privacy protection a priority, the company has no formal privacy policy. So Cheryl hired Janice, a privacy professional, to help her develop one.

After an initial assessment, Janice created a first of a new policy. Cheryl read through the draft and was concerned about the many changes the policy would bring throughout the company. For example, the draft policy stipulates that a customer's personal information can only be held for one year after paying for a service such as a session with personal trainer. It also promises that customer information will not be shared with third parties without the written consent of the customer. The wording of these rules worry Cheryl since stored personal information often helps her company to serve her customers, even if there are long pauses between their visits. In addition, there are some third parties that provide crucial services, such as aerobics instructors who teach classes on a contract basis. Having access to customer files and understanding the fitness levels of their students helps instructors to organize their classes.

Janice understood Cheryl's concerns and was already formulating some ideas for revision. She tried to put Cheryl at ease by pointing out that customer data can still be kept, but that it should be classified according to levels of sensitivity. However, Cheryl was skeptical. It seemed that classifying data and treating each type differently would cause undue difficulties in the company's day-to-day operations. Cheryl wants one simple data storage and access system that any employee can access if needed.

Even though the privacy policy was only a draft, she was beginning to see that changes within her company were going to be necessary. She told Janice that she would be more comfortable with implementing the new policy gradually over a period of several months, one department at a time. She was also interested in a layered approach by creating documents listing applicable parts of the new policy for each department.

What is the best reason for Cheryl to follow Janice's suggestion about classifying customer data?

A.

It will help employees stay better organized

A.

It will help employees stay better organized

Answers
B.

It will help the company meet a federal mandate

B.

It will help the company meet a federal mandate

Answers
C.

It will increase the security of customers' personal information (PI)

C.

It will increase the security of customers' personal information (PI)

Answers
D.

It will prevent the company from collecting too much personal information (PI)

D.

It will prevent the company from collecting too much personal information (PI)

Answers
Suggested answer: C

Explanation:

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.Reference:

Data Classification for GDPR Explained

A guide to data classification: confidential data vs. sensitive data vs. public information

Why Is Data Classification Important?

SCENARIO

Please use the following to answer the next QUESTION:

Cheryl is the sole owner of Fitness Coach, Inc., a medium-sized company that helps individuals realize their physical fitness goals through classes, individual instruction, and access to an extensive indoor gym. She has owned the company for ten years and has always been concerned about protecting customer's privacy while maintaining the highest level of service. She is proud that she has built long-lasting customer relationships.

Although Cheryl and her staff have tried to make privacy protection a priority, the company has no formal privacy policy. So Cheryl hired Janice, a privacy professional, to help her develop one.

After an initial assessment, Janice created a first of a new policy. Cheryl read through the draft and was concerned about the many changes the policy would bring throughout the company. For example, the draft policy stipulates that a customer's personal information can only be held for one year after paying for a service such as a session with personal trainer. It also promises that customer information will not be shared with third parties without the written consent of the customer. The wording of these rules worry Cheryl since stored personal information often helps her company to serve her customers, even if there are long pauses between their visits. In addition, there are some third parties that provide crucial services, such as aerobics instructors who teach classes on a contract basis. Having access to customer files and understanding the fitness levels of their students helps instructors to organize their classes.

Janice understood Cheryl's concerns and was already formulating some ideas for revision. She tried to put Cheryl at ease by pointing out that customer data can still be kept, but that it should be classified according to levels of sensitivity. However, Cheryl was skeptical. It seemed that classifying data and treating each type differently would cause undue difficulties in the company's day-to-day operations. Cheryl wants one simple data storage and access system that any employee can access if needed.

Even though the privacy policy was only a draft, she was beginning to see that changes within her company were going to be necessary. She told Janice that she would be more comfortable with implementing the new policy gradually over a period of several months, one department at a time. She was also interested in a layered approach by creating documents listing applicable parts of the new policy for each department.

What is the most likely risk of Fitness Coach, Inc. adopting Janice's first draft of the privacy policy?

A.

Leaving the company susceptible to violations by setting unrealistic goals

A.

Leaving the company susceptible to violations by setting unrealistic goals

Answers
B.

Failing to meet the needs of customers who are concerned about privacy

B.

Failing to meet the needs of customers who are concerned about privacy

Answers
C.

Showing a lack of trust in the organization's privacy practices

C.

Showing a lack of trust in the organization's privacy practices

Answers
D.

Not being in standard compliance with applicable laws

D.

Not being in standard compliance with applicable laws

Answers
Suggested answer: A

Explanation:

Janice's first draft of the privacy policy may be too restrictive and impractical for Fitness Coach, Inc. to follow, given the nature of its business and the expectations of its customers. By limiting the retention of personal information to one year and requiring written consent for any third-party sharing, the policy may create operational challenges and customer dissatisfaction. For example, customers may want to resume their fitness programs after a long hiatus and expect the company to have their previous records and preferences. Similarly, third-party contractors may need access to customer information to provide better services and tailor their classes. If the company fails to adhere to its own privacy policy, it may face legal consequences, reputational damage, and loss of trust from its customers. Therefore, the company should adopt a more realistic and flexible privacy policy that balances its business needs and its customers' privacy rights.Reference:

Privacy Policy for Health Coaches

Privacy Policies for Online Coaches

Privacy Policy - Coaching.com

SCENARIO

Please use the following to answer the next QUESTION:

Cheryl is the sole owner of Fitness Coach, Inc., a medium-sized company that helps individuals realize their physical fitness goals through classes, individual instruction, and access to an extensive indoor gym. She has owned the company for ten years and has always been concerned about protecting customer's privacy while maintaining the highest level of service. She is proud that she has built long-lasting customer relationships.

Although Cheryl and her staff have tried to make privacy protection a priority, the company has no formal privacy policy. So Cheryl hired Janice, a privacy professional, to help her develop one.

After an initial assessment, Janice created a first of a new policy. Cheryl read through the draft and was concerned about the many changes the policy would bring throughout the company. For example, the draft policy stipulates that a customer's personal information can only be held for one year after paying for a service such as a session with personal trainer. It also promises that customer information will not be shared with third parties without the written consent of the customer. The wording of these rules worry Cheryl since stored personal information often helps her company to serve her customers, even if there are long pauses between their visits. In addition, there are some third parties that provide crucial services, such as aerobics instructors who teach classes on a contract basis. Having access to customer files and understanding the fitness levels of their students helps instructors to organize their classes.

Janice understood Cheryl's concerns and was already formulating some ideas for revision. She tried to put Cheryl at ease by pointing out that customer data can still be kept, but that it should be classified according to levels of sensitivity. However, Cheryl was skeptical. It seemed that classifying data and treating each type differently would cause undue difficulties in the company's day-to-day operations. Cheryl wants one simple data storage and access system that any employee can access if needed.

Even though the privacy policy was only a draft, she was beginning to see that changes within her company were going to be necessary. She told Janice that she would be more comfortable with implementing the new policy gradually over a period of several months, one department at a time. She was also interested in a layered approach by creating documents listing applicable parts of the new policy for each department.

What is the main problem with Cheryl's suggested method of communicating the new privacy policy?

A.

The policy would not be considered valid if not communicated in full.

A.

The policy would not be considered valid if not communicated in full.

Answers
B.

The policy might not be implemented consistency across departments.

B.

The policy might not be implemented consistency across departments.

Answers
C.

Employees would not be comfortable with a policy that is put into action over time.

C.

Employees would not be comfortable with a policy that is put into action over time.

Answers
D.

Employees might not understand how the documents relate to the policy as a whole.

D.

Employees might not understand how the documents relate to the policy as a whole.

Answers
Suggested answer: B

Explanation:

Cheryl's suggested method of communicating the new privacy policy by creating documents listing applicable parts of the new policy for each department and implementing it gradually over several months may create confusion and inconsistency among employees and customers. Different departments may have different interpretations and expectations of the policy, and customers may not be aware of the changes or their rights under the policy. This may lead to errors, complaints, and violations of the policy and the applicable laws. A better approach would be to communicate the policy in full to all employees and customers at once, and provide training and guidance on how to comply with it. The policy should also be easily accessible and updated on the company's website and other channels.Reference:

Privacy Policy for Health Coaches

Privacy Policies for Online Coaches

Privacy Policy - Coaching.com

SCENARIO

Please use the following to answer the next QUESTION:

Cheryl is the sole owner of Fitness Coach, Inc., a medium-sized company that helps individuals realize their physical fitness goals through classes, individual instruction, and access to an extensive indoor gym. She has owned the company for ten years and has always been concerned about protecting customer's privacy while maintaining the highest level of service. She is proud that she has built long-lasting customer relationships.

Although Cheryl and her staff have tried to make privacy protection a priority, the company has no formal privacy policy. So Cheryl hired Janice, a privacy professional, to help her develop one.

After an initial assessment, Janice created a first of a new policy. Cheryl read through the draft and was concerned about the many changes the policy would bring throughout the company. For example, the draft policy stipulates that a customer's personal information can only be held for one year after paying for a service such as a session with personal trainer. It also promises that customer information will not be shared with third parties without the written consent of the customer. The wording of these rules worry Cheryl since stored personal information often helps her company to serve her customers, even if there are long pauses between their visits. In addition, there are some third parties that provide crucial services, such as aerobics instructors who teach classes on a contract basis. Having access to customer files and understanding the fitness levels of their students helps instructors to organize their classes.

Janice understood Cheryl's concerns and was already formulating some ideas for revision. She tried to put Cheryl at ease by pointing out that customer data can still be kept, but that it should be classified according to levels of sensitivity. However, Cheryl was skeptical. It seemed that classifying data and treating each type differently would cause undue difficulties in the company's day-to-day operations. Cheryl wants one simple data storage and access system that any employee can access if needed.

Even though the privacy policy was only a draft, she was beginning to see that changes within her company were going to be necessary. She told Janice that she would be more comfortable with implementing the new policy gradually over a period of several months, one department at a time. She was also interested in a layered approach by creating documents listing applicable parts of the new policy for each department.

Based on the scenario, which of the following would have helped Janice to better meet the company's needs?

A.

Creating a more comprehensive plan for implementing a new policy

A.

Creating a more comprehensive plan for implementing a new policy

Answers
B.

Spending more time understanding the company's information goals

B.

Spending more time understanding the company's information goals

Answers
C.

Explaining the importance of transparency in implementing a new policy

C.

Explaining the importance of transparency in implementing a new policy

Answers
D.

Removing the financial burden of the company's employee training program

D.

Removing the financial burden of the company's employee training program

Answers
Suggested answer: B

Explanation:

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.

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

According to the FTC Report of 2012, what is the main goal of Privacy by Design?

A.

Obtaining consumer consent when collecting sensitive data for certain purposes

A.

Obtaining consumer consent when collecting sensitive data for certain purposes

Answers
B.

Establishing a system of self-regulatory codes for mobile-related services

B.

Establishing a system of self-regulatory codes for mobile-related services

Answers
C.

Incorporating privacy protections throughout the development process

C.

Incorporating privacy protections throughout the development process

Answers
D.

Implementing a system of standardization for privacy notices

D.

Implementing a system of standardization for privacy notices

Answers
Suggested answer: C

Explanation:

Privacy by Design is a concept that the FTC endorsed in its 2012 report on protecting consumer privacy1.It seeks to deliver the maximum degree of privacy by ensuring that personal data are automatically protected in any given IT system or business practice2.It asserts that data held by an organization ultimately belongs to the consumer and organizations should ensure that data subjects are properly informed about how their data is collected and used3.Privacy by Design requires companies to build in consumers' privacy protections at every stage in developing their products, including reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy1.Reference:1: FTC Report of 2012, p.22-23;2: Global Data Review3;3: Termly4.

What is the main reason some supporters of the European approach to privacy are skeptical about self- regulation of privacy practices?

A.

A large amount of money may have to be sent on improved technology and security

A.

A large amount of money may have to be sent on improved technology and security

Answers
B.

Industries may not be strict enough in the creation and enforcement of rules

B.

Industries may not be strict enough in the creation and enforcement of rules

Answers
C.

A new business owner may not understand the regulations

C.

A new business owner may not understand the regulations

Answers
D.

Human rights may be disregarded for the sake of privacy

D.

Human rights may be disregarded for the sake of privacy

Answers
Suggested answer: B

Explanation:

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.Reference:

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

What is the main purpose of the Global Privacy Enforcement Network?

A.

To promote universal cooperation among privacy authorities

A.

To promote universal cooperation among privacy authorities

Answers
B.

To investigate allegations of privacy violations internationally

B.

To investigate allegations of privacy violations internationally

Answers
C.

To protect the interests of privacy consumer groups worldwide

C.

To protect the interests of privacy consumer groups worldwide

Answers
D.

To arbitrate disputes between countries over jurisdiction for privacy laws

D.

To arbitrate disputes between countries over jurisdiction for privacy laws

Answers
Suggested answer: A

Explanation:

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.Reference:

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.

In 2014, Google was alleged to have violated the Family Educational Rights and Privacy Act (FERPA) through its Apps for Education suite of tools. For what specific practice did students sue the company?

A.

Scanning emails sent to and received by students

A.

Scanning emails sent to and received by students

Answers
B.

Making student education records publicly available

B.

Making student education records publicly available

Answers
C.

Relying on verbal consent for a disclosure of education records

C.

Relying on verbal consent for a disclosure of education records

Answers
D.

Disclosing education records without obtaining required consent

D.

Disclosing education records without obtaining required consent

Answers
Suggested answer: A

Explanation:

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.Reference: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.

Which venture would be subject to the requirements of Section 5 of the Federal Trade Commission Act?

A.

A local nonprofit charity's fundraiser

A.

A local nonprofit charity's fundraiser

Answers
B.

An online merchant's free shipping offer

B.

An online merchant's free shipping offer

Answers
C.

A national bank's no-fee checking promotion

C.

A national bank's no-fee checking promotion

Answers
D.

A city bus system's frequent rider program

D.

A city bus system's frequent rider program

Answers
Suggested answer: B

Explanation:

Section 5 of the Federal Trade Commission Act (FTC Act) prohibits ''unfair or deceptive acts or practices in or affecting commerce.''1This prohibition applies to all persons engaged in commerce, including banks, but also exempts some entities, such as nonprofit organizations and common carriers, from FTC jurisdiction.2Therefore, among the four options, only an online merchant's free shipping offer would be subject to the requirements of Section 5, as it involves a commercial activity that could potentially mislead or harm consumers.For example, if the online merchant fails to disclose the terms and conditions of the offer, or charges hidden fees, or delivers the products late or damaged, it could violate Section 5 by engaging in a deceptive practice.3Reference:1: Section 5 | Federal Trade Commission2: Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices, page 13: IAPP CIPP/US Certified Information Privacy Professional Study Guide, page 23.

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