CIPP/E IAPP UPDATED EXAMS TEST PAPER QUESTIONS
AND ANSWERS SURE A+
✔✔FTC Telemarketing Sales Rule (TSR) Telephone Consumer Protection Act of 1991 -
FCC regulations - ✔✔1. Who can be called?
- Prohibits calls to cell phones
- U.S. National Do Not Call Registry
2. Rules governing calls
- 8am - 9pm as one example
3. Call abandonment
4. Unathorized billing
5. Record keeping
6. Robocall rules (2012)
7. Does not preempt state law
✔✔When can an employer ask if the employee needs reasonable accommodations? -
✔✔after a conditional offer of employment is extended.
✔✔Is the hiring process an appropriate time to ask the employee if they need
reasonable accommodations? - ✔✔No, unless the employer an applicant has a
disability and as long as all entering employees in the same job category ask this
question.
✔✔What are two ADA cases that reflect changes by the ADA Amendments act of 2008
(ADAAA) - ✔✔The ADAAA overturned Sutton v United Airlines and Toyota v Williams
✔✔What did Sutton vs United Airlines court uphold? - ✔✔That pilots with severe myopia
but correctable with glasses did not have a disability under the ADA because a disability
exists only where an impairment "substantially limits" a major life activity not where it
might, could or would if limiting mitigating measures were not taken.
✔✔What penalties can an employer face if they do not follow FCRA requirements to
obtain a consumer report? - ✔✔Civil, Criminal, including private right of action.
✔✔Which state laws did FACTA leave in effect? - ✔✔the California Investigative
Consumer Reporting Agencies Act (ICRAA)
✔✔What is required for the ICRAA (California Investigative Consumer Reporting
Agencies Act) - ✔✔-The employer must obtain written consent every time a background
check is requested.
- If a background check is conducted in house, ICRAA requires the employers to give
the employee or applicant any public records resulting from an in-house background
check unless the employee waives that right.
, - If the background check results in adverse action, the employer must give the
employee or applicant a copy of the public record whether he or she waived rights or
not.
✔✔What is the Employee Polygraph Protection Act of 1988 (EPPA)? - ✔✔employers
are prohibited from using "lie detectors" on incumbent workers or to screen applicants.
Also prohibits employers from taking adverse action against an employee who refuses
to take a test.
✔✔What occupations does the EPPA make exceptions? - ✔✔Government employees,
employees in certain security services, those engaged in the manufacture of controlled
substances, certain connection with an ongoing investigation involving economic loss or
injury to the employers business, theft, embezzlement or industrial espionage. Must
have reasonable suspicion.
✔✔Name the states that prohibit employee drug tests unless there is reasonable
suspicion to test a particularl employee. - ✔✔Connecticut, Iowa, and Minnesota
✔✔Which state prohibits report the number of affected individuals in a breach
notification? - ✔✔Massachusetts
✔✔Title I of The Cybersecurity Act of 2015,entitled the Cybersecurity Information
Sharing Act or CISA - ✔✔Provides increased authority for cybersecurity information
sharing between and among the private sector: state, local, tribal, and territorial
governments and the Federal government.
✔✔Section 105(a)(4) of the Act directed that Guidance for the CISA act to be developed
jointly - ✔✔The Attorney General and the Secretary of the Department of Homeland
Security (DHS)
✔✔What is the timeline to share Cyber threat indicators with federal entities pursuant to
CISA? - ✔✔No later than 60 days
✔✔Two main components of the Cybersecurity Information Sharing Act of 2015 -
✔✔Authorizes companies to monitor and implement defense measures on their own
information systems to counter cyber threats.
Provides certain protections to encourage companies voluntarily to share information -
specifically information about " cyber threat indicators" and "defensive measures" - with
the federal government, state, and local governments, companies and private entities.
✔✔What are the protections that apply when sharing with certain entities under CISA? -
✔✔Protection from liability, non-waiver of privilege, and protections from FOIA
disclosure.
AND ANSWERS SURE A+
✔✔FTC Telemarketing Sales Rule (TSR) Telephone Consumer Protection Act of 1991 -
FCC regulations - ✔✔1. Who can be called?
- Prohibits calls to cell phones
- U.S. National Do Not Call Registry
2. Rules governing calls
- 8am - 9pm as one example
3. Call abandonment
4. Unathorized billing
5. Record keeping
6. Robocall rules (2012)
7. Does not preempt state law
✔✔When can an employer ask if the employee needs reasonable accommodations? -
✔✔after a conditional offer of employment is extended.
✔✔Is the hiring process an appropriate time to ask the employee if they need
reasonable accommodations? - ✔✔No, unless the employer an applicant has a
disability and as long as all entering employees in the same job category ask this
question.
✔✔What are two ADA cases that reflect changes by the ADA Amendments act of 2008
(ADAAA) - ✔✔The ADAAA overturned Sutton v United Airlines and Toyota v Williams
✔✔What did Sutton vs United Airlines court uphold? - ✔✔That pilots with severe myopia
but correctable with glasses did not have a disability under the ADA because a disability
exists only where an impairment "substantially limits" a major life activity not where it
might, could or would if limiting mitigating measures were not taken.
✔✔What penalties can an employer face if they do not follow FCRA requirements to
obtain a consumer report? - ✔✔Civil, Criminal, including private right of action.
✔✔Which state laws did FACTA leave in effect? - ✔✔the California Investigative
Consumer Reporting Agencies Act (ICRAA)
✔✔What is required for the ICRAA (California Investigative Consumer Reporting
Agencies Act) - ✔✔-The employer must obtain written consent every time a background
check is requested.
- If a background check is conducted in house, ICRAA requires the employers to give
the employee or applicant any public records resulting from an in-house background
check unless the employee waives that right.
, - If the background check results in adverse action, the employer must give the
employee or applicant a copy of the public record whether he or she waived rights or
not.
✔✔What is the Employee Polygraph Protection Act of 1988 (EPPA)? - ✔✔employers
are prohibited from using "lie detectors" on incumbent workers or to screen applicants.
Also prohibits employers from taking adverse action against an employee who refuses
to take a test.
✔✔What occupations does the EPPA make exceptions? - ✔✔Government employees,
employees in certain security services, those engaged in the manufacture of controlled
substances, certain connection with an ongoing investigation involving economic loss or
injury to the employers business, theft, embezzlement or industrial espionage. Must
have reasonable suspicion.
✔✔Name the states that prohibit employee drug tests unless there is reasonable
suspicion to test a particularl employee. - ✔✔Connecticut, Iowa, and Minnesota
✔✔Which state prohibits report the number of affected individuals in a breach
notification? - ✔✔Massachusetts
✔✔Title I of The Cybersecurity Act of 2015,entitled the Cybersecurity Information
Sharing Act or CISA - ✔✔Provides increased authority for cybersecurity information
sharing between and among the private sector: state, local, tribal, and territorial
governments and the Federal government.
✔✔Section 105(a)(4) of the Act directed that Guidance for the CISA act to be developed
jointly - ✔✔The Attorney General and the Secretary of the Department of Homeland
Security (DHS)
✔✔What is the timeline to share Cyber threat indicators with federal entities pursuant to
CISA? - ✔✔No later than 60 days
✔✔Two main components of the Cybersecurity Information Sharing Act of 2015 -
✔✔Authorizes companies to monitor and implement defense measures on their own
information systems to counter cyber threats.
Provides certain protections to encourage companies voluntarily to share information -
specifically information about " cyber threat indicators" and "defensive measures" - with
the federal government, state, and local governments, companies and private entities.
✔✔What are the protections that apply when sharing with certain entities under CISA? -
✔✔Protection from liability, non-waiver of privilege, and protections from FOIA
disclosure.
