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Question 102 - CIPP-US discussion

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Global Manufacturing Co's Human Resources department recently purchased a new software tool. This tool helps evaluate future candidates for executive roles by scanning emails to see what those candidates say and what is said about them. This provides the HR department with an automated ''360 review'' that lets them know how the candidate thinks and operates, what their peers and direct reports say about them, and how well they interact with each other.

What is the most important step for the Human Resources Department to take when implementing this new software?

A.

Making sure that the software does not unintentionally discriminate against protected groups.

Answers
A.

Making sure that the software does not unintentionally discriminate against protected groups.

B.

Ensuring that the software contains a privacy notice explaining that employees have no right to privacy as long as they are running this software on organization systems to scan email systems.

Answers
B.

Ensuring that the software contains a privacy notice explaining that employees have no right to privacy as long as they are running this software on organization systems to scan email systems.

C.

Confirming that employees have read and signed the employee handbook where they have been advised that they have no right to privacy as long as they are using the organization's systems, regardless of the protected group or laws enforced by EEOC.

Answers
C.

Confirming that employees have read and signed the employee handbook where they have been advised that they have no right to privacy as long as they are using the organization's systems, regardless of the protected group or laws enforced by EEOC.

D.

Providing notice to employees that their emails will be scanned by the software and creating automated profiles.

Answers
D.

Providing notice to employees that their emails will be scanned by the software and creating automated profiles.

Suggested answer: D

Explanation:

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

U S. Private-Sector Privacy, Third Editionby Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 4, Section 4.2.1, pp. 97-98.

U S. Private-Sector Privacy, Third Editionby Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 5, Section 5.2.1, pp. 125-126.

U S. Private-Sector Privacy, Third Editionby Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 6, Section 6.2.1, pp. 153-154. IAPP CIPP/US Certified Information Privacy Professional Study Guideby Mike Chapple and Joe Shelley, Chapter 4, Section 4.1, pp. 113-114.


asked 22/11/2024
Rocco Cristofaro
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