IAPP CIPP-US Exam Dumps

A cookie is a small piece of data that a website sends to a user's browser and stores on the user's device, usually for the purpose of remembering the user's preferences, settings, or actions1.

A cookie notice is a message that informs the user about the website's use of cookies and the user's choices regarding the acceptance or rejection of cookies2.

A legal choice is the mechanism that the website provides to the user to express their consent or dissent to the use of cookies2.

There are different types of legal choices for cookie notices, depending on the applicable laws and regulations, such as the General Data Protection Regulation (GDPR) in the European Union or the California Consumer Privacy Act (CCPA) in the United States34.

The four types of legal choices mentioned in the question are:

Mandatory: The website does not allow the user to access the site unless they accept the use of cookies.This type of choice is generally considered unlawful and non-compliant with the GDPR and the CCPA34.

Implied consent: The website assumes that the user consents to the use of cookies by continuing to browse the site or by dismissing the cookie notice. This type of choice is often used by websites that operate in the U.S.or other jurisdictions that do not have strict cookie laws, but it may not be sufficient for the GDPR or the CCPA34.

Opt-in: The website requires the user to explicitly agree to the use of cookies by clicking a button or checking a box.This type of choice is usually compliant with the GDPR and the CCPA, as it ensures that the user gives informed and affirmative consent34.

Opt-out: The website allows the user to reject the use of cookies by clicking a link or changing their browser settings.This type of choice is also compliant with the GDPR and the CCPA, as it gives the user the right to withdraw their consent at any time34.

Based on the description of the cookie notice in the question, the type of legal choice that the notice provides isimplied consent, as the website does not explicitly ask for the user's agreement, but rather assumes that the user accepts the use of cookies by using the site. The notice also provides a link for the user to opt out of cookies by setting their browser to refuse them.

Unlike many other countries, the United States does not have a comprehensive federal law that regulates the privacy of private-sector employees. Instead, the privacy protection of employees depends largely on state law, contract law, and tort law. State law may provide specific rights and remedies for employees regarding issues such as drug testing, background checks, electronic monitoring, social media access, and genetic information. Contract law may create obligations and expectations for employers and employees based on written or implied agreements, such as employment contracts, employee handbooks, or collective bargaining agreements. Tort law may allow employees to sue their employers for invasion of privacy, such as intrusion upon seclusion, public disclosure of private facts, false light, or appropriation of name or likeness. The other options are less likely to provide privacy protection to private-sector employees in the United States. The FTC Act primarily regulates the privacy practices of businesses that collect and use consumer data, not employee data. The U.S. Constitution only protects individuals from unreasonable searches and seizures by the government, not by private employers. The HHS only enforces the HIPAA Privacy Rule, which applies to covered entities and business associates that handle protected health information, not to all private-sector employers.Reference:

IAPP CIPP/US Study Guide, Chapter 6: Workplace Privacy

Privacy Rights of Employees Using Workplace Computers in the United States

Employee Privacy Laws

Patrick should first ensure that inspecting GPS geolocation data from Jane's corporate mobile phone is permitted under Jane's employment contract or the company's employee privacy policy. This is because Jane has a reasonable expectation of privacy in her location information, even if she uses a corporate-owned device for business purposes. The Fourth Amendment protects individuals from unreasonable searches and seizures by the government, and the Electronic Communications Privacy Act (ECPA) prohibits unauthorized interception or access to electronic communications by private parties. Therefore, Patrick cannot inspect Jane's GPS data without a valid legal basis, such as consent, contract, or court order. Obtaining prior consent from Jane pursuant to the Telephone Consumer Protection Act (A) is not relevant, as this law regulates unsolicited calls and text messages, not location tracking. Revising emerging workplace privacy best practices with a reputable advocacy organization (B) is not sufficient, as Patrick still needs to comply with the existing legal obligations and contractual terms. Obtaining a subpoena from law enforcement, or a court order, directing Jones Labs to collect the GPS geolocation data is not necessary, as Patrick is not acting on behalf of the government or in response to a legal request. However, if Patrick does obtain such a legal order, he should also comply with it and notify Jane of the disclosure, unless prohibited by law.Reference:

IAPP CIPP/US Study Guide, Chapter 4, Section 4.1.2, p. 115-116

IAPP CIPP/US Study Guide, Chapter 4, Section 4.2.1, p. 118-119

IAPP CIPP/US Study Guide, Chapter 4, Section 4.2.2, p. 120-121

IAPP CIPP/US Study Guide, Chapter 4, Section 4.2.3, p. 122-123

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.1, p. 124-125

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.2, p. 126-127

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.3, p. 128-129

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.4, p. 130-131

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.5, p. 132-133

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.6, p. 134-135

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.7, p. 136-137

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.8, p. 138-139

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.9, p. 140-141

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.10, p. 142-143

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.11, p. 144-145

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.12, p. 146-147

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.13, p. 148-149

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.14, p. 150-151

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.15, p. 152-153

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.16, p. 154-155

IAPP CIPP/US Study Guide, Chapter 4, Section 4.3.17, p. 156-157

The U.S. Supreme Court has recognized an individual's right to privacy over personal issues, such as contraception, by acknowledging a ''penumbra'' of unenumerated constitutional rights as well as more general protections of due process of law. This means that the right to privacy is not explicitly stated in the Constitution, but it is implied from other rights that are explicitly stated, such as the First Amendment rights of speech and assembly, the Third Amendment right to be free from quartering of soldiers, the Fourth Amendment right to be secure from unreasonable searches and seizures, the Fifth Amendment right to be free from self-incrimination, and the Ninth Amendment right to retain other rights not enumerated in the Constitution. These rights create a ''zone of privacy'' that protects individuals from undue government interference in their personal affairs. The Supreme Court first articulated this concept of privacy in Griswold v. Connecticut (1965), where it struck down a state law that prohibited the use of contraceptives by married couples. The Court also relied on the due process clause of the Fourteenth Amendment, which prohibits states from depriving any person of life, liberty, or property without due process of law. The Court interpreted this clause to include a substantive component that protects certain fundamental rights from state regulation, unless there is a compelling state interest and the regulation is narrowly tailored to achieve that interest. The Court has applied this due process analysis to other privacy issues, such as abortion, marriage, and sexual orientation.Reference:

Privacy | Wex | US Law | LII / Legal Information Institute

Privacy isn't in the Constitution -- but it's everywhere in constitutional law

Privacy Rights and Personal Autonomy Legally Protected by the ... - Justia

Right to privacy | Wex | US Law | LII / Legal Information Institute