IAPP CIPP / US Certified Information Privacy Professional Study Guide

Mike Chapple, Joe Shelley

• Publisher: Sybex
• Year: 2021
• ISBN:
  9781119755517
• Edition: 1
• Topic: Computer Science
• Subtopic: Cryptography
• Index: Computer Science

Prepare for success on the IAPP CIPP/US exam and further your career in privacy with this effective study guide - now includes a downloadable supplement to get you up to date on the current CIPP exam for 2023-2024!

Information privacy has become a critical and central concern for small and large businesses across the United States. At the same time, the demand for talented professionals able to navigate the increasingly complex web of legislation and regulation regarding privacy continues to increase.

Written from the ground up to prepare you for the United States version of the Certified Information Privacy Professional (CIPP) exam, Sybex's IAPP CIPP/US Certified Information Privacy Professional Study Guide also readies you for success in the rapidly growing privacy field.

You'll efficiently and effectively prepare for the exam with online practice tests and flashcards as well as a digital glossary. The concise and easy-to-follow instruction contained in the IAPP/CIPP Study Guide covers every aspect of the CIPP/US exam, including the legal environment, regulatory enforcement, information management, private sector data collection, law enforcement and national security, workplace privacy and state privacy law, and international privacy regulation.

• Provides the information you need to gain a unique and sought-after certification that allows you to fully understand the privacy framework in the US
• Fully updated to prepare you to advise organizations on the current legal limits of public and private sector data collection and use
• Includes 1 year free access to the Sybex online learning center, with chapter review questions, full-length practice exams, hundreds of electronic flashcards, and a glossary of key terms, all supported by Wiley's support agents who are available 24x7 via email or live chat to assist with access and login questions

Perfect for anyone considering a career in privacy or preparing to tackle the challenging IAPP CIPP exam as the next step to advance an existing privacy role, the IAPP CIPP/US Certified Information Privacy Professional Study Guide offers you an invaluable head start for success on the exam and in your career as an in-demand privacy professional.

Chapter 1
Privacy in the Modern Era

---

THE CIPP/US EXAM OBJECTIVES COVERED IN THIS CHAPTER INCLUDE:

• Domain I. Introduction to the U.S. Privacy Environment
  • I.C. Information Management from a U.S. Perspective
    • I.C.b Privacy program development
    • I.C.c Managing user preferences
    • I.C.f Accountability
    • I.C.h Online privacy
    • I.C.i Privacy notices

---

Privacy concerns surround us in our daily lives. We hear troubling reports of companies acquiring and misusing personal information about their customers. News stories inform us of data breaches where massive quantities of personal information wound up in unknown hands. Legislators at the federal and state levels debate these issues and often pass new laws regulating different aspects of privacy.

We are left to navigate a confusing environment full of ambiguous and overlapping ethical obligations, laws, regulations, and industry standards. Companies and consumers alike find themselves confused about the requirements they face and the appropriate course of action. Privacy professionals play a crucial role in helping their organizations navigate these confusing waters.

Introduction to Privacy

Privacy is one of the core rights inherent to every human being. The term is defined in many historic works, but they all share the basic tenet of individuals having the right to protect themselves and their information from unwanted intrusions by others or the government. Let's take a brief look at the historical underpinnings of privacy in the United States.

In 1890, a young lawyer named Louis D. Brandeis wrote an article for the Harvard Law Review titled “The Right to Privacy.” In that article, Brandeis wrote:

Recent inventions and business methods call attention to the next step which must be undertaking for the protection of the person, and for securing to the individual … the right “to be let alone.” Instantaneous photographs and newspaper enterprises have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that “what is whispered in the closet shall be proclaimed from the house‐tops.” For years there has been a feeling that the law must afford some remedy for the unauthorized circulation of portraits of private persons; and the evil of the invasion of privacy by the newspapers, long keenly felt, has been but recently discussed by an able writer.

Reading that excerpt over a century later, it's easy to see echoes of Brandeis's concerns about technology in today's world. We could just as easily talk about the impact of social media, data brokerages, and electronic surveillance as having the potential to cause “what is whispered in the closet to be proclaimed from the house‐tops.”

The words that this young attorney wrote might have slipped into obscurity were it not for the fact that 25 years later its author would ascend to the Supreme Court where, as Justice Brandeis, he would take the concepts from this law review article and use them to argue for a constitutional right to privacy. In a dissenting opinion in the case Olmstead v. United States, Justice Brandeis wrote:

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness … They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.

This text, appearing in a dissenting opinion, was not binding upon the courts, but it has surfaced many times over the years in arguments establishing a right to privacy as that right “to be let alone.” Recently, the 2018 majority opinion of the court in Carpenter v. United States cited Olmstead in an opinion declaring warrantless searches of cell phone location records unconstitutional, saying:

As Justice Brandeis explained in his famous dissent, the Court is obligated as “[s]ubtler and more far‐reaching means of invading privacy have become available to the Government”—to ensure that the “progress of science” does not erode Fourth Amendment protections. Here the progress of science has afforded law enforcement a powerful new tool to carry out its important responsibilities. At the same time, this tool risks Government encroachment of the sort the Framers, “after consulting the lessons of history,” drafted the Fourth Amendment to prevent.

This is just one example of many historical precedents that firmly establish a right to privacy in U.S. law and allow the continued reinterpretation of that right in the context of technologies and tools that the authors of the Constitution could not possibly have imagined.

What Is Privacy?

It would certainly be difficult to start a book on privacy without first defining the word privacy, but this is a term that eludes a common definition in today's environment. Legal and privacy professionals who are asked this question often harken back to the words of Justice Brandeis, describing privacy simply as the right “to be let alone.”

In their Generally Accepted Privacy Principles (GAPP), the American Institute of Certified Public Accountants (AICPA) offers a more hands‐on definition, describing privacy as “the rights and obligations of individuals and organizations with respect to the collection, use, retention, disclosure, and destruction of personal information.”

The GAPP definition may not be quite as pithy and elegant as Justice Brandeis's right “to be let alone,” but it does provide privacy professionals with a better working definition that they can use to guide their privacy programs, so it is the definition that we will adopt in this book.

What...