IAPP Updated CIPP-US Exam Questions and Answers by lily-may

The CCPA provides consumers with a private right of action to pursue statutory damages following data security breaches that impact certain sensitive categories of personal information and are caused by a business’s failure to institute reasonable and appropriate security. The CCPA defines personal information for this purpose as an individual’s name in combination with any of the following: social security number, driver’s license number, account number, credit or debit card number, medical information, or health insurance information. The CCPA allows consumers to seek damages between $100 and $750 per consumer per incident, or actual damages, whichever is greater. The CCPA also requires consumers to provide the business with 30 days’ written notice and an opportunity to cure the violation before initiating an action. Additionally, the CCPA requires consumers to notify the Attorney General within 30 days of filing the action and obtain the Attorney General’s approval or nonobjection before proceeding with the action. Therefore, John can sue the corporation for the data breach to recover monetary damages suffered as a result of the data breach, and in some circumstances seek statutory damages irrespective of whether he suffered any financial harm, as long as he meets the requirements of the CCPA. References:

• CCPA Provides Private Right of Action for Data Security Breaches
• CCPA Private Right of Action – Data Breach Security Requirement
• CCPA Fines & Penalties for Data Protection Violations | MatrixPoint

 FACTA added a new section to the FCRA that requires any person who maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose, to properly dispose of any such information or compilation. The purpose of this provision is to reduce the risk of identity theft and other consumer harm resulting from improper disposal of consumer information. The FTC and other federal agencies have issued rules implementing this provision, which specify the reasonable measures that covered entities must take to ensure secure disposal of consumer information, such as burning, pulverizing, shredding, erasing, or otherwise modifying the information to make it unreadable or indecipherable (16 CFR § 682.3). References: 1, 2, 3

 The U.S. Constitution plays a limited role in the area of workplace privacy, because it mainly applies to the actions of the government, not private employers. The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures1. The Supreme Court has interpreted this right to include a reasonable expectation of privacy in certain situations, such as in one’s home, car, or personal belongings2. However, this right does not extend to private-sector employees, who are not protected by the Constitution from the actions of their employers, unless the employer is acting as an agent of the government3. Private-sector employees may have some privacy rights under state laws, common law, or contractual agreements, but these vary depending on the jurisdiction and the circumstances4.

Public-sector employees, on the other hand, are protected by the Constitution from unreasonable searches and seizures by their employers, who are considered part of the government. Public-sector employees have a reasonable expectation of privacy in their workplace, unless there is a legitimate work-related reason for the search or seizure, such as to ensure safety, security, or efficiency. Public-sector employers must also comply with the due process and equal protection clauses of the Fifth and Fourteenth Amendments, which prohibit the government from depriving any person of life, liberty, or property without due process of law, or from denying any person the equal protection of the laws. These clauses protect public-sector employees from arbitrary or discriminatory actions by their employers that affect their employment status or benefits.

Therefore, the U.S. Constitution plays a significant role in the area of workplace privacy for federal and state governments, but not for private-sector employment, because it only regulates the actions of the government, not private actors. References:

• 1: Cornell Law School, Fourth Amendment, https://www.law.cornell.edu/constitution/fourth_amendment
• 2: FindLaw, What Is a Reasonable Expectation of Privacy?, https://www.findlaw.com/criminal/criminal-rights/what-is-a-reasonable-expectation-of-privacy.html
• 3: FindLaw, Workplace Privacy, https://www.findlaw.com/smallbusiness/employment-law-and-human-resources/workplace-privacy.html
• 4: Nolo, Privacy Rights of Employees, https://www.nolo.com/legal-encyclopedia/privacy-rights-employees-29849.html
• : OPM, Employee Relations, https://www.opm.gov/policy-data-oversight/employee-relations/reference-materials/employee-privacy/
• : Cornell Law School, Fifth Amendment, https://www.law.cornell.edu/constitution/fifth_amendment
• : FindLaw, Public Employees and the Constitution, https://www.findlaw.com/employment/employment-rights/public-employees-and-the-constitution.html

Federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990, prohibit employers from discriminating against employees or applicants based on certain protected characteristics, such as race, color, religion, sex, national origin, age, disability, and genetic information. These laws also limit the types of information that employers can collect, use, disclose, or retain about employees or applicants,in order to prevent discrimination or invasion of privacy. For example, employers cannot ask about an applicant’s medical history, disability status, genetic information, or religious beliefs, unless they are relevant to the job or a bona fide occupational qualification. Employers also cannot use such information to make adverse employment decisions, such as hiring, firing, promotion, or compensation, unless they are justified by a legitimate business necessity or a reasonable accommodation. Employers must also safeguard the confidentiality of such information and dispose of it properly when it is no longer needed. References:

• Federal Laws Prohibiting Job Discrimination Questions And Answers
• Laws Enforced by EEOC
• Employment and Anti-Discrimination Laws in the Workplace
• Protections Against Discrimination and Other Prohibited Practices
• 3. Who is protected from employment discrimination?