Question 1

Which statement is FALSE regarding the provisions of the Employee Polygraph Protection Act of 1988 (EPPA)?

Options :

A : The EPPA requires that employers post essential information about the Act in a conspicuous location

B : The EPPA includes an exception that allows polygraph tests in professions in which employee honesty is necessary for public safety.

C : Employers are prohibited from administering psychological testing based on personality traits such as honesty, preferences or habits.

D : Employers involved in the manufacture of controlled substances may terminate employees based on polygraph results if other evidence exists

Answer: C

Question 2

SCENARIO

Please use the following to answer the next question:

Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend

Celeste open a jewelry store in California. Felicia, despite being excited at the prospect, has a number of

security concerns, and has only grudgingly accepted the need to hire other employees. In order to guard

against the loss of valuable merchandise, Felicia wants to carefully screen applicants. With their permission,

Felicia would like to run credit checks, administer polygraph tests, and scrutinize videos of interviews. She

intends to read applicants’ postings on social media, ask questions about drug addiction, and solicit character

references. Felicia believes that if potential employees are serious about becoming part of a dynamic new

business, they will readily agree to these requirements.

Felicia is also in favor of strict employee oversight. In addition to protecting the inventory, she wants to prevent

mistakes during transactions, which will require video monitoring. She also wants to regularly check the

company vehicle’s GPS for locations visited by employees. She also believes that employees who use their

own devices for work-related purposes should agree to a certain amount of supervision.

Given her high standards, Felicia is skeptical about the proposed location of the store. She has been told that

many types of background checks are not allowed under California law. Her friend Celeste thinks these worries

are unfounded, as long as applicants verbally agree to the checks and are offered access to the results. Nor

does Celeste share Felicia’s concern about state breach notification laws, which, she claims, would be costly to

implement even on a minor scale. Celeste believes that

even if the business grows a customer database of a few thousand, it’s unlikely that a state agency would

hassle an honest business if an accidental security incident were to occur.

In any case, Celeste feels that all they need is common sense – like remembering to tear up sensitive

documents before throwing them in the recycling bin. Felicia hopes that she’s right, and that all of her concerns

will be put to rest next month when their new business consultant (who is also a privacy professional) arrives

from North Carolina.

Regarding credit checks of potential employees, Celeste has a misconception regarding what?

Options :

A : Consent requirements

B : Disclosure requirements.

C : Employment-at-will rules

D : Records retention policies

Answer: A

Question 3

An organization self-certified under Privacy Shield must, upon request by an individual, do what?

Options :

A : Suspend the use of all personal information collected by the organization to fulfill its original purpose

B : Provide the identities of third parties with whom the organization shares personal information.

C : Provide the identities of third and fourth parties that may potentially receive personal information

D : Identify all personal information disclosed during a criminal investigation

Answer: B

Question 4

The Cable Communications Policy Act of 1984 requires which activity?

Options :

A : Delivery of an annual notice detailing how subscriber information is to be used

B : Destruction of personal information a maximum of six months after it is no longer needed

C : Notice to subscribers of any investigation involving unauthorized reception of cable services

D : Obtaining subscriber consent for disseminating any personal information necessary to render cable services

Answer: C

Question 5

Which of the following would NOT be considered a method of obtaining verifiable parental consent before collecting, using or disclosing personal information from children under the Children’s Online Privacy Protection Act (COPPA) of 1998?

Options :

A : Using a credit card, debit card, or other online payment system

B : Having the parent call a toll-free telephone number staffed by trained personnel.

C : Having the parent sign a consent form and return it to the operator by postal mail, facsimile, or electronic scan.

D : Sending a text message to the parent explaining the intended uses of the information.

Answer: D

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