IAPP CIPP-US 問題集

質問 1：
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
A. The applicable state law such as Illinois BIPA
B. The California loT Security Law (SB 327).
C. The federal Genetic Information Nondiscrimination Act (GINA).
D. The Privacy Rule of the HITECH Act.
正解：A
解説: (Topexam メンバーにのみ表示されます)

質問 2：
Which of the following is most likely to provide privacy protection to private-sector employees in the United States?
A. Amendments one, four, and five of the U.S. Constitution
B. State law, contract law, and tort law
C. The U.S. Department of Health and Human Services (HHS)
D. The Federal Trade Commission Act (FTC Act)
正解：B
解説: (Topexam メンバーにのみ表示されます)

質問 3：
According to FERPA, when can a school disclose records without a student's consent?
A. If the disclosure would not reveal a student's student identification number
B. If the disclosure is to practitioners who are involved in a student's health care
C. If the disclosure is not to be conducted through email to the third party
D. If the disclosure is to provide transcripts to a school where a student intends to enroll
正解：D
解説: (Topexam メンバーにのみ表示されます)

質問 4：
What was the original purpose of the Foreign Intelligence Surveillance Act?
A. To further clarify when a warrant is not required for a wiretap performed internally by the telephone company outside the suspect's home, stemming from the Olmstead v. United States decision.
B. To further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution.
C. To further clarify a reasonable expectation of privacy stemming from the Katz v. United States decision.
D. To further define what information can reasonably be under surveillance in public places under the USA PATRIOT Act, such as Internet access in public libraries.
正解：B
解説: (Topexam メンバーにのみ表示されます)

質問 5：
Which is an exception to the general prohibitions on telephone monitoring that exist under the U.S. Wiretap Act?
A. Inter-company communications exception
B. Ordinary course of business exception
C. Internet calls exception
D. Call center exception
正解：B
解説: (Topexam メンバーにのみ表示されます)

質問 6：
SCENARIO
Please use the following to answer the next QUESTION:
Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state's Do Not Call list, as well as the people on it. "If they were really serious about not being bothered," Evan said, "They'd be on the national DNC list. That's the only one we're required to follow. At SunriseLynx, we call until they ask us not to." Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call "another time." This, to Larry, is a clear indication that they don't want to be called at all. Evan doesn't see it that way.
Larry believes that Evan's arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social media. However, following Evan's political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.
Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan's leadership.
Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker's belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.
Larry wants to take action, but is uncertain how to proceed.
In regard to telemarketing practices, Evan the supervisor has a misconception regarding?
A. The conditions under which recipients can opt out
B. The right to monitor calls for quality assurance
C. The wishes of recipients who request callbacks
D. The relationship of state law to federal law
正解：C

質問 7：
Which jurisdiction must courts have in order to hear a particular case?
A. Personal jurisdiction and professional jurisdiction
B. Subject matter jurisdiction and regulatory jurisdiction
C. Personal jurisdiction and subject matter jurisdiction
D. Subject matter jurisdiction and professional jurisdiction
正解：C
解説: (Topexam メンバーにのみ表示されます)

質問 8：
Which entities must comply with the Telemarketing Sales Rule?
A. For-profit organizations and for-profit telefunders regarding charitable solicitations
B. Nonprofit organizations calling on their own behalf
C. For-profit organizations calling businesses when a binding contract exists between them
D. For-profit and not-for-profit organizations when selling additional services to establish customers
正解：A
解説: (Topexam メンバーにのみ表示されます)