The CAN-SPAM Act is a federal law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations1.The main purpose of the act is to protect consumers from unwanted and deceptive email messages and to give them more control over their online privacy2.The act applies to all commercial messages, which are defined as 'any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service'1.The act does not apply to transactional or relationship messages, which are messages that facilitate an agreed-upon transaction or update a customer about an existing business relationship1.The act also does not apply to non-commercial messages, such as political or charitable solicitations3.Reference:1:CAN-SPAM Act: A Compliance Guide for Business2:What is the CAN-SPAM Act? | Proton3:What is the CAN-SPAM Act? | Cloudflare
In 2011, the FTC announced a settlement with Google regarding its social networking service Google Buzz. The FTC alleged that in the process of launching the service, the company did all of the following EXCEPT?
Answer : D
The FTC alleged that Google violated its own privacy policies, engaged in deceptive trade practices, and failed to comply with Safe Harbor principles when it launched Google Buzz, a social networking service that automatically enrolled Gmail users and exposed their email contacts and other personal information without their consent or control. The FTC did not allege that Google failed to employ sufficient security safeguards, although it did require Google to implement a comprehensive privacy program and submit to regular privacy audits as part of the settlement. The other statements are incorrect because:
A . Violated its own privacy policies: The FTC alleged that Google violated its own privacy policies by using information collected from Gmail users for a purpose that was incompatible with the purpose for which the information was collected, without obtaining their affirmative consent. Google's privacy policy stated that 'When you sign up for a particular service that requires registration, we ask you to provide personal information.If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.'1
B . Engaged in deceptive trade practices: The FTC alleged that Google engaged in deceptive trade practices by misrepresenting the extent to which consumers could exercise control over the collection, use, and sharing of their personal information through Google Buzz. For example, Google offered consumers the option to decline or turn off Google Buzz, but the option was ineffective and did not fully remove the consumer from the social network.Google also misled consumers about how their email contacts would be treated on Google Buzz, and failed to disclose that certain information, such as the user's frequent email contacts, would be made public by default.1
C . Failed to comply with Safe Harbor principles: The FTC alleged that Google failed to comply with the U.S.-EU Safe Harbor Framework, which provides a method for U.S. companies to transfer personal data from the European Union to the United States in a way that meets EU data protection requirements. Google had self-certified to the Department of Commerce that it adhered to the Safe Harbor Privacy Principles, which include notice, choice, access, and enforcement.The FTC alleged that Google's conduct violated the notice and choice principles, as well as the requirement to adhere to the Safe Harbor FAQs.1Reference:FTC Charges Deceptive Privacy Practices in Google's Rollout of Its Buzz Social Network,Google, Inc., In the Matter of,Google settles with FTC over Buzz; Privacy policies to be audited for two decades,Google Settles FTC Complaint over Google Buzz Privacy
Under state breach notification laws, which is NOT typically included in the definition of personal information?
Answer : B
Under state breach notification laws, personal information is typically defined as an individual's first name or first initial and last name plus one or more other data elements, such as Social Security number, state identification number, account number, medical information, etc. However, first and last name alone are not usually considered personal information, unless they are combined with other data elements that could identify the individual or compromise their security or privacy.Therefore, option B is the correct answer, as it is not typically included in the definition of personal information under state breach notification laws.Reference: https://www.ncsl.org/technology-and-communication/security-breach-notification-laws https://iapp.org/resources/article/state-data-breach-notification-chart/
What practice does the USA FREEDOM Act NOT authorize?
Answer : D
The USA FREEDOM Act is a law that was enacted in 2015 to reform the surveillance practices of the U.S. government. The law was a response to the revelations by Edward Snowden about the mass collection of phone records and internet data by the National Security Agency (NSA) under the authority of Section 215 of the USA PATRIOT Act. The USA FREEDOM Act ended the bulk collection of telephone data and internet metadata by the NSA, and instead required the government to obtain a specific order from the Foreign Intelligence Surveillance Court (FISC) to access such data from the telecommunication providers. The law also authorized the following practices:
Emergency exceptions that allow the government to target roamers: The law allows the government to temporarily target a non-U.S. person who is using a phone number or identifier of a U.S. person, without a court order, if there is an emergency situation that involves a threat of death or serious bodily harm. The government must obtain a court order within seven days to continue the surveillance.
An increase in the maximum penalty for material support to terrorism: The law increases the maximum prison term for providing material support or resources to a foreign terrorist organization from 15 years to 20 years.
An extension of the expiration for roving wiretaps: The law extends the sunset date for the roving wiretap provision of the USA PATRIOT Act, which allows the government to obtain a single order from the FISC to conduct surveillance on a target who switches devices or locations, without specifying the device or location. The law extends the expiration date from June 1, 2015 to December 15, 2019.Reference:
What is the main purpose of the Global Privacy Enforcement Network?
Answer : A
The Global Privacy Enforcement Network (GPEN) is a network for privacy enforcement authorities (PEAs) to share knowledge, experience and best practices on the practical aspects of privacy enforcement and cooperation. GPEN was created in response to the OECD Recommendation on Cross-border Cooperation in the Enforcement of Laws Protecting Privacy, which called for member countries to foster the establishment of an informal network of PEAs. GPEN's main purpose is to facilitate cross-border cooperation and coordination among PEAs, especially in cases involving multiple jurisdictions or regions. GPEN also aims to enhance information sharing, promote awareness and education, and support capacity building among PEAs.Reference:
Home (public) | Global Privacy Enforcement Network
Global Privacy Enforcement Network - International Association of Privacy Professionals
International Partnerships - Office of the Privacy Commissioner of Canada
Specialised networks -- Global Privacy Assembly
Action Plan for the Global Privacy Enforcement Network (GPEN)
[IAPP CIPP/US Certified Information Privacy Professional Study Guide], Chapter 6, page 213.
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