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NEW QUESTION # 123
Under the Fair and Accurate Credit Transactions Act (FACTA), what is the most appropriate action for a car dealer holding a paper folder of customer credit reports?
Answer: A
NEW QUESTION # 124
Which of the following best describes an employer's privacy-related responsibilities to an employee who has left the workplace?
Answer: C
NEW QUESTION # 125
More than half of U.S. states require telemarketers to?
Answer: D
NEW QUESTION # 126
Read this notice:
Our website uses cookies. Cookies allow us to identify the computer or device you're using to access the site, but they don't identify you personally. For instructions on setting your Web browser to refuse cookies, click here.
What type of legal choice does not notice provide?
Answer: B
Explanation:
* 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 is implied 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.
References: 1: Cookie 2: Cookie Notice 3: INSIGHT: Website Cookies and Privacy-GDPR, CCPA, and Evolving Standards for Online Consent 4: Do You Need A Cookie Notice
NEW QUESTION # 127
Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
Answer: B
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 # 128
......
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