IAPP Updated CIPP-US Exam Questions and Answers by thalia

The GLBA prohibits financial institutions from disclosing a consumer’s account number or similar form of access number or access code to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. This restriction is intended to prevent unauthorized access to a person’s bank account by third parties who may use the account number to initiate fraudulent transactions or identity theft. The GLBA also requires financial institutions to implement safeguards to protect the security, confidentiality, and integrity of customer information, and to notify customers and regulators in the event of a security breach involving such information. References:

• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 2: Limits on Private-sector Collection and Use of Data, Section 2.3: Financial Privacy, p. 49-50
• IAPP CIPP/US Body of Knowledge, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financial institutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 14
• IAPP CIPP/US Exam Blueprint, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financialinstitutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 5

 The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. FERPA grants parents or eligible students the right to access, amend, and control the disclosure of their education records, with some exceptions. Schools must obtain written consent from the parent or eligible student before disclosing any personally identifiable information from the education records, unless an exception applies123

Option A violates FERPA because it involves the disclosure of a student’s personally identifiable information (PII) from the education records without consent. A student’s signed essay about her hometown is considered an education record under FERPA, as it is directly related to the student and maintained by the school12 A K-12 assessment vendor is not a school official with a legitimate educational interest, nor does it fall under any of the exceptions that allow disclosure without consent12 Therefore, the school must obtain the student’s (or the parent’s, if the student is a minor) written consent before providing the essay to the vendor for public release.

Option B does not violate FERPA because it involves the disclosure of directory information, which is not considered PII under FERPA. Directory information is information that would not generally be considered harmful or an invasion of privacy if disclosed, such as name, address, phone number, e-mail address, major, etc12 Schools may disclose directory information without consent, unless the parent or eligible student has opted out of such disclosure12 However, schools must notify parents and eligible students of the types of directory information they designate and their right to opt out annually12

Option C does not violate FERPA because it involves the disclosure of information that is not part of the education records. FERPA only applies to education records that are directly related to a student and maintained by theschool or a party acting for the school12 A newspaper’s publication of the names, grade levels, and hometowns of students who made the quarterly honor roll is not based on the education records, but on the newspaper’s own sources and reporting. Therefore, FERPA does not prohibit such disclosure.

Option D does not violate FERPA because it involves the disclosure of information under an exception that allows disclosure without consent. FERPA permits schools to disclose education records, or PII from education records, without consent to comply with a judicial order or lawfully issued subpoena, or to appropriate officials in connection with a health or safety emergency123 If the university police provide an arrest report to the student’s hometown police in response to a subpoena or to prevent a serious threat to the student or others, they are not violating FERPA.

References: 1: Family Educational Rights and Privacy Act - Wikipedia 2: Family Educational Rights and Privacy Act (FERPA) | CDC 3: What is FERPA? | Protecting Student Privacy - ed

 The design technique that would most effectively inform users of their data privacy rights and privileges when using the app is to offer information about data collection and uses at key data entry points. This technique is also known as “just-in-time” or “layered” notice, and it is recommended by the U.S. Federal Trade Commission (FTC) as a best practice for mobile app developers12

The idea behind this technique is to provide users with relevant and timely information about how their data is collected and used by the app, and what choices they have to control their data, at the moment when they are asked to provide or access their data. For example, if the app collects location data from the user’s device, it should display a pop-up notice explaining why it needs the location data, how it will use it, and how the user can opt-out or change the settings. This way, the user can make an informed decision about whether to allow or deny the app’s access to their data, and understand the consequences of their choice12

The advantage of this technique is that it avoids overwhelming the user with too much information at once, and instead provides concise and contextual information that is easy to understand and act upon. It also increases the user’s trust and confidence in the app, as they feel more in control of their data and privacy12

The other design techniques are less effective because they do not provide the user with sufficient or timely information about their data privacy rights and privileges when using the app. Publishing a privacy policy written in clear, concise, and understandable language is a good practice, but it is not enough to inform the user of their data privacy rights and privileges, as many users may not read or understand the policy, or may not be aware of where to find it. Presenting a privacy policy to users during the wellness program registration process is also a good practice, but it may not capture all the data collection and uses that the app may perform, and it may not give the user enough opportunity to review and consent to the policy. Providing a link to the wellness program privacy policy at the bottom of each screen is also a good practice, but it may not be noticeable or accessible to the user, and it may not provide the user with the specific information they need at the point of data entry or access12

References:

• Mobile Privacy Disclosures: Building Trust Through Transparency: A Federal Trade Commission Staff Report (February 2013)
• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 6: Privacy Program Management, Section 6.4: Privacy by Design

The Electronic Communications Privacy Act of 1986 (ECPA) is a federal law that regulates the privacy of wire, oral, and electronic communications. The ECPA prohibits the intentional interception, use, or disclosure of such communications, unless authorized by law or by the consent of one of the parties to the communication12. The ECPA also provides exceptions for certain types of communications, such as those made in the normal course of business, those made for law enforcement purposes, or those made for foreign intelligence purposes12.

One of the exceptions to the ECPA ban on interception is where one of the parties has given consent. This means that if a person who is a party to a communication agrees to have it intercepted, the interception is lawful under the ECPA. Consent can be express or implied, depending on the circumstances and the expectations of the parties3. For example, if a person calls a customer service line and hears a recorded message that the call may be monitored or recorded, the person has impliedly consented to the interception of the call. However, if a person calls a friend and does not know that the friend has a third party listening in on the call, the person has not consented to the interception of the call.

References: 1: Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2523 2: [IAPP CIPP/US Study Guide], Chapter 8, Section 8.2.1. 3: [Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations], pp. 77-78.