CIPP-US Exam Dumps - IAPP Certified Information Privacy Professional Questions and Answers

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. References:

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

The state UDAP statute, which stands for Unfair and Deceptive Acts and Practices, is a law that protects consumers from unfair or deceptive business practices. In this case, the employer’s failure to protect the employee’s personal information from a phishing attack could be considered an unfair or deceptive act or practice that harmed the employee. The employee could sue the employer under the state UDAP statute for damages, injunctive relief, or other remedies. The other options are not relevant to this scenario, as they deal with different aspects of data protection, such as confidentiality, access, or destruction of personal information. References:

[IAPP CIPP/US Study Guide], Chapter 8, Section 8.3.1, page 227

IAPP CIPP/US Practice Questions, Question 153, page 13

The Fair and Accurate Credit Transactions Act (FACTA) is an amendment to the Fair Credit Reporting Act (FCRA) that was enacted in 2003. FACTA aims to enhance consumer protection against identity theft and fraud by requiring various measures, such as free annual credit reports, fraud alerts, and identity theft prevention programs. One of the consumer protections that FACTA requires is the truncation of account numbers on credit card receipts. This means that only the last four or five digits of the account number can be printed on the receipt, while the rest must be masked or deleted. This reduces the risk of unauthorized access or use of the account number by third parties who may obtain the receipt. References:

IAPP CIPP/US Body of Knowledge, Section III, B, 1

[IAPP CIPP/US Study Guide, Chapter 3, Section 3.2]

[FACTA, Section 113]

 Federal preemption is a doctrine in law that allows a federal law to take precedence over or to displace a state law in certain matters of national importance (such as interstate commerce). The doctrine is based on the Supremacy Clause of the Constitution, which declares that federal law is the “supreme law of the land” and that state judges are bound by it. There are two types of federal preemption: express and implied. Express preemption occurs when Congress expressly states that a federal law is intended to preempt certain types of state legislation. Implied preemption occurs when a state law conflicts with federal law because it is impossible to comply with both at the same time, or because it interferes with the objectives of the federal law, or because the federal government has fully occupied the field of regulation.

The U.S. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act is an example of express preemption. The Act regulates commercial email messages and establishes requirements for senders and penalties for violations. The Act also explicitly preempts any state law that “expressly regulates the use of electronic mail to send commercial messages”, except for state laws that prohibit falsity or deception. This means that states cannot pass laws that impose greater obligations on senders of email marketing than the federal law, such as requiring opt-in consent or providing additional opt-out mechanisms. Therefore, the CAN-SPAM Act is the correct answer to the question.

The other options are not examples of federal preemption. The Payment Card Industry’s (PCI) ability to self-regulate and enforce data security standards for payment card data is not a federal law, but a private sector initiative. The U.S. Federal Trade Commission’s (FTC) ability to enforce against unfair and deceptive trade practices across sectors and industries is not a preemption of state law, but a concurrent power that can coexist with state consumer protection laws. The California Consumer Privacy Act (CCPA) regulating businesses that have no physical brick-and-mortal presence in California, but which do business there, is not preempted by any federal law, but is a state law that applies to entities that meet certain criteria of collecting or selling personal information of California residents. References: Federal preemption, What is FederalPreemption?, Federal preemption Definition & Meaning, preemption, Preemption legal definition of Preemption, CAN-SPAM Act, IAPP CIPP/US Study Guide, Chapter 2.