Question 171 · 236 in bank
The federal Driver's Privacy Protection Act (DPPA) prohibits the release or use of what type of personal information?
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Answer: D
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The federal Driver's Privacy Protection Act (DPPA) prohibits the release or use of what type of personal information?
Answer: D
The Clarifying Lawful Overseas Use of Data (CLOUD) Act is primarily intended to do which of the following?
Answer: B
Which of the following most accurately describes the regulatory status of pandemic contact-tracing apps in the United States?
Answer: C
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 Security 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 login 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 defense 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 center based in Ireland. Manufacturing data of Jones Labs is stored in Taiwan and managed by a local supplier that has no presence in the U.S. Under Section 702 of FISA, the NSA may do which of the following without a Foreign Intelligence Surveillance Court warrant?
Answer: B
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 Security 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 login 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 defense 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 center based in Ireland. Manufacturing data of Jones Labs is stored in Taiwan and managed by a local supplier that has no presence in the U.S. Before inspecting any GPS geolocation data from Jane's corporate mobile phone, Patrick should first do what?
Answer: D
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 Security 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 login 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 defense 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 center based in Ireland. Manufacturing data of Jones Labs is stored in Taiwan and managed by a local supplier that has no presence in the U.S. When storing Jane's fingerprint for remote authentication. Jones Labs should consider legality issues under which of the following?
Answer: C
A financial services company install "bossware" software on its employees' remote computers to monitor performance. The software logs screenshots, mouse movements, and keystrokes to determine whether an employee is being productive. The software can also enable the computer webcams to record video footage. Which of the following would best support an employee claim for an intrusion upon seclusion tort?
Answer: A
SCENARIO - Please use the following to answer the next question: You are the privacy manager at a privately-owned U.S. company that produces an increasingly popular fitness app called GetFit. After users create an account with their contact information, the app uses a smartphone and a system of connected smartwatch sensors to track users when they exercise. It collects information on location when users walk or run outdoors, as well as general health information (such as heart rate) during all exercise sessions. The app also collects credit card information for payment of the monthly subscription fee. One Friday, the company's security team contacts you about the discovery of malware on their media server. The team assures you that there was no user data on this server and that, in any case, they found the malware before any damage could be done. However, on Monday morning the security team contacts you again, this time with the information that they have discovered the same malware on the company's payments server. They suspect it likely that users' credit card information was taken by the attacker. By Monday evening, the situation has gotten dramatically worse, as the security team has also discovered this malware on the company's database server, an infiltration that gives the attacker access to users' profile, health and location information. After coordinating with the security team, you are asked to meet with senior management and advise them on the company's obligations in connection with the incident. The Chief Financial Officer asks, "If we decide to notify all our users of this incident, are we obligated to provide any of them with a free credit monitoring offer?" The General Counsel wants to know if providing this notice and offer will help the company avoid liability. Who, if anyone, would the company have to notify immediately following the security team's first call to the privacy manager on Friday?
Answer: D
SCENARIO - Please use the following to answer the next question: You are the privacy manager at a privately-owned U.S. company that produces an increasingly popular fitness app called GetFit. After users create an account with their contact information, the app uses a smartphone and a system of connected smartwatch sensors to track users when they exercise. It collects information on location when users walk or run outdoors, as well as general health information (such as heart rate) during all exercise sessions. The app also collects credit card information for payment of the monthly subscription fee. One Friday, the company's security team contacts you about the discovery of malware on their media server. The team assures you that there was no user data on this server and that, in any case, they found the malware before any damage could be done. However, on Monday morning the security team contacts you again, this time with the information that they have discovered the same malware on the company's payments server. They suspect it likely that users' credit card information was taken by the attacker. By Monday evening, the situation has gotten dramatically worse, as the security team has also discovered this malware on the company's database server, an infiltration that gives the attacker access to users' profile, health and location information. After coordinating with the security team, you are asked to meet with senior management and advise them on the company's obligations in connection with the incident. The Chief Financial Officer asks, "If we decide to notify all our users of this incident, are we obligated to provide any of them with a free credit monitoring offer?" The General Counsel wants to know if providing this notice and offer will help the company avoid liability. Based on the information the security team provides on Monday morning, what is the company's notification obligation?
Answer: C
SCENARIO - Please use the following to answer the next question: You are the privacy manager at a privately-owned U.S. company that produces an increasingly popular fitness app called GetFit. After users create an account with their contact information, the app uses a smartphone and a system of connected smartwatch sensors to track users when they exercise. It collects information on location when users walk or run outdoors, as well as general health information (such as heart rate) during all exercise sessions. The app also collects credit card information for payment of the monthly subscription fee. One Friday, the company's security team contacts you about the discovery of malware on their media server. The team assures you that there was no user data on this server and that, in any case, they found the malware before any damage could be done. However, on Monday morning the security team contacts you again, this time with the information that they have discovered the same malware on the company's payments server. They suspect it likely that users' credit card information was taken by the attacker. By Monday evening, the situation has gotten dramatically worse, as the security team has also discovered this malware on the company's database server, an infiltration that gives the attacker access to users' profile, health and location information. After coordinating with the security team, you are asked to meet with senior management and advise them on the company's obligations in connection with the incident. The Chief Financial Officer asks, "If we decide to notify all our users of this incident, are we obligated to provide any of them with a free credit monitoring offer?" The General Counsel wants to know if providing this notice and offer will help the company avoid liability. How does the Monday evening discovery of the malware on the company's database server alter the company's notification obligations, if at all?
Answer: C
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