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Which is an exception to the general prohibitions on telephone monitoring that exist under the U.S. Wiretap Act?
A. Internet calls exception
B. Ordinary course of business exception
C. Inter-company communications exception
D. Call center exception
Answer: B
Explanation:
The U.S. Wiretap Act prohibits the interception and disclosure of wire, oral, or electronic communications, unless one of the statutory exceptions applies. One of these exceptions is the ordinary course of business exception, which allows an employer or service provider to intercept communications that are made in the ordinary course of its business, such as for quality control, training, or security purposes. This exception does not apply to communications that are not related to the business, such as personal calls or emails, or to communications that are intercepted for other reasons, such as harassment, discrimination, or retaliation. The scope and applicability of this exception may vary depending on the context, the consent of the parties, and the state law. The other options are not valid exceptions under the Wiretap Act. References: 1, 2, 3, 4
NEW QUESTION # 84
Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
A. When you are required to provide an individual with notice of a data breach under any state's law, you must provide the individual with an offer for free credit monitoring.
B. You must notify the Federal Trade Commission (FTC) in addition to affected individuals if over 500 individuals are receiving notice.
C. When providing an individual with required notice of a data breach, you must identify what personal information was actually or likely compromised.
D. The only obligations to provide data breach notification are under state law because currently there is no federal law or regulation requiring notice for the breach of personal information.
Answer: D
Explanation:
Data breach notification laws in the United States vary by state and territory, and there is no comprehensive federal law that applies to all types of personal information. Some federal laws, such as HIPAA, GLBA, and the FDIC rule, impose data breach notification requirements for specific industries or sectors, but they do not cover all types of personal information or all entities that collect, store, or process such information.
Therefore, the only obligations to provide data breach notification for the breach of personal information are under state law, unless a specific federal law applies to the entity or the information involved. The other statements are incorrect because:
* A. You do not have to notify the FTC in addition to affected individuals if over 500 individuals are receiving notice, unless you are a health care entity subject to HIPAA, in which case you have to notify the Department of Health and Human Services (HHS) within 60 days of the breach.
* B. When providing an individual with required notice of a data breach, you do not have to identify what personal information was actually or likely compromised, unless the state law requires you to do so.
Some states, such as California, require the notice to include the types of personal information that were or are reasonably believed to have been the subject of the breach, while others, such as Alabama, do not specify the content of the notice.
* C. When you are required to provide an individual with notice of a data breach under any state's law, you do not have to provide the individual with an offer for free credit monitoring, unless the state law requires you to do so. Some states, such as Connecticut, require the offer of appropriate identity theft prevention and mitigation services for at least 12 months, while others, such as Arizona, do not impose such a requirement. References: Data Breach Notification in the United States and Territories, Data Breach Notification Laws in the United States: What is Required and How is that Determined?, US State Data Breach Notification Law Matrix, Breach Notification in United States, Data Breach Notification Laws: How to Manufacture a Confident Response
NEW QUESTION # 85
Which of the following best describes what a "private right of action" is?
A. The right of individuals harmed by data processing to have their information deleted.
B. The right of individuals harmed by a violation of a law to file a lawsuit against the violation.
C. The right of individuals to keep their information private.
D. The right of individuals to submit a request to access their information.
Answer: B
Explanation:
A private right of action is a legal provision that grants individuals the ability to bring a lawsuit against a party that has wronged them and to seek redress for the harm that they have suffered.
A private right of action is a fundamental component of the U.S. judicial system and an essential element of enforcing privacy rights. Privacy advocates argue that a private right of action is necessary to hold perpetrators of privacy violations accountable and to address the limitations of the FTC's enforcement authority. However, businesses are concerned that a private right of action would lead to a proliferation of frivolous lawsuits that would burden responsible data processors and impede innovation.
NEW QUESTION # 86
What is the main purpose of requiring marketers to use the Wireless Domain Registry?
A. To access a current list of wireless domain names
B. To acquire authorization to send emails to mobile devices
C. To prevent unauthorized emails to mobile devices
D. To ensure their emails are sent to actual wireless subscribers
Answer: C
NEW QUESTION # 87
Who is responsible for notifying consumers when adverse action is taken based on information in a consumer credit report?
A. The User
B. The Consumer Financial Protection Bureau
C. The Credit Reporting Agency
D. The Credit Bureau
Answer: A
Explanation:
Under the FCRA users must notify consumers when third-party (CRA) data is used to make adverse decisions about them.
NEW QUESTION # 88
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