CIPP/US PRACTICE EXAM II 2026 US PRIVACY
FRAMEWORKS AND REGULATIONS
ASSESSMENT STUDY GUIDE COMPLETE
QUESTIONS AND ANSWERS
◉ Who drafted the Constitution and when? Answer: The
Constitutional Convention drafted the Constitution in 1787.
◉ True/False: The U.S. Constitution does not contain the word
"Privacy". Answer: True.
◉ Which parts of the Constitution directly affect privacy? Answer:
The Fourth Amendment limits on government searches.
◉ Which Supreme Court decisions affect privacy? Answer: The S.C.
has held that a person has a right to privacy over personal issues
such as contraception and abortion, arising from more general
protections of due process of law.
◉ What are other sources of law affecting privacy? Answer: State
constitutions may create stronger rights than are provided in the
U.S. Constitution.
,◉ Which state expressly recognizes a right to privacy in its
constitution? Answer: California.
◉ What areas are regulated by laws enacted by federal Congress and
state legislatures? Answer: applications of information (use of
information for marketing or pre-employment screening), certain
industries (such as financial institutions or healthcare providers),
certain data elements (SSNs or driver's license info), or specific
harms (identity theft or children's online privacy)
◉ How is law-making power distributed in the U.S.? Answer: Law-
making power is shared between the national and state
governments.
◉ What does the U.S. Constitution say about laws under the
Constitution? Answer: It states that the Constitution and the laws
passed pursuant to it, is "the supreme law of the land."
◉ When do states have the power to make laws? Answer: Where
federal law does not prevent it, states have the power to make law.
◉ Which Amendment to the Constitution states "the powers not
delegated to the United States by the Constitution, nor prohibited by
it to the States, are reserved to the States respectively, or to the
people."? Answer: The Tenth Amendment to the Constitution.
,◉ What is one area of law where states may pass privacy/other laws
with stricter requirements than federal law? Answer: HIPAA medical
privacy rule.
◉ In which areas do federal laws pre-empt state laws, preventing
states from passing stricter provisions? Answer: Limits on
commercial e-mails in the CAN-SPAM Act.
◉ What is the CAN-SPAM Act? Answer: Controlling the Assault of
Non-Solicited Pornography and Marketing Act.
◉ Aside from the ability to make and enforce laws and regs, what
does the U.S. legal system rely on? Answer: "1. Legal precedent
based on court decisions
◉ 2. Doctrines implicit in legal precedent Answer:
◉ 3. Customs and uses of legal precedent" Answer:
◉ What are two key areas of the common law? Answer: Contracts
and torts.
, ◉ What regulatory agencies are required by law to issue regulations
and rules Answer: FTC (Federal Trade Commission) or the FCC
(Federal Communications Commission).
◉ What do rules and regulations passed by regulatory agencies do?
Answer: These rules and regulations place specific compliance
expectations on the marketplace.
◉ In what year was the CAN-SPAM Act passed? Answer: 2003
◉ Which entity passed the CAN-SPAM Act? Answer: U.S. Congress.
◉ What does the CAN-SPAM Act require? Answer: CAN-SPAM Act
requires the senders of commercial e-mail messages to offer an "opt-
out" option to recipients of those messages.
◉ Which agencies enforce the CAN-SPAM Act? Answer: FTC and FCC.
◉ What does the CAN-SPAM Act allow the FTC and FCC to do?
Answer: It provides the FTC and the FCC with the authority to issue
regulations that set forth exactly how the opt-out mechanism must
be offered and managed.
FRAMEWORKS AND REGULATIONS
ASSESSMENT STUDY GUIDE COMPLETE
QUESTIONS AND ANSWERS
◉ Who drafted the Constitution and when? Answer: The
Constitutional Convention drafted the Constitution in 1787.
◉ True/False: The U.S. Constitution does not contain the word
"Privacy". Answer: True.
◉ Which parts of the Constitution directly affect privacy? Answer:
The Fourth Amendment limits on government searches.
◉ Which Supreme Court decisions affect privacy? Answer: The S.C.
has held that a person has a right to privacy over personal issues
such as contraception and abortion, arising from more general
protections of due process of law.
◉ What are other sources of law affecting privacy? Answer: State
constitutions may create stronger rights than are provided in the
U.S. Constitution.
,◉ Which state expressly recognizes a right to privacy in its
constitution? Answer: California.
◉ What areas are regulated by laws enacted by federal Congress and
state legislatures? Answer: applications of information (use of
information for marketing or pre-employment screening), certain
industries (such as financial institutions or healthcare providers),
certain data elements (SSNs or driver's license info), or specific
harms (identity theft or children's online privacy)
◉ How is law-making power distributed in the U.S.? Answer: Law-
making power is shared between the national and state
governments.
◉ What does the U.S. Constitution say about laws under the
Constitution? Answer: It states that the Constitution and the laws
passed pursuant to it, is "the supreme law of the land."
◉ When do states have the power to make laws? Answer: Where
federal law does not prevent it, states have the power to make law.
◉ Which Amendment to the Constitution states "the powers not
delegated to the United States by the Constitution, nor prohibited by
it to the States, are reserved to the States respectively, or to the
people."? Answer: The Tenth Amendment to the Constitution.
,◉ What is one area of law where states may pass privacy/other laws
with stricter requirements than federal law? Answer: HIPAA medical
privacy rule.
◉ In which areas do federal laws pre-empt state laws, preventing
states from passing stricter provisions? Answer: Limits on
commercial e-mails in the CAN-SPAM Act.
◉ What is the CAN-SPAM Act? Answer: Controlling the Assault of
Non-Solicited Pornography and Marketing Act.
◉ Aside from the ability to make and enforce laws and regs, what
does the U.S. legal system rely on? Answer: "1. Legal precedent
based on court decisions
◉ 2. Doctrines implicit in legal precedent Answer:
◉ 3. Customs and uses of legal precedent" Answer:
◉ What are two key areas of the common law? Answer: Contracts
and torts.
, ◉ What regulatory agencies are required by law to issue regulations
and rules Answer: FTC (Federal Trade Commission) or the FCC
(Federal Communications Commission).
◉ What do rules and regulations passed by regulatory agencies do?
Answer: These rules and regulations place specific compliance
expectations on the marketplace.
◉ In what year was the CAN-SPAM Act passed? Answer: 2003
◉ Which entity passed the CAN-SPAM Act? Answer: U.S. Congress.
◉ What does the CAN-SPAM Act require? Answer: CAN-SPAM Act
requires the senders of commercial e-mail messages to offer an "opt-
out" option to recipients of those messages.
◉ Which agencies enforce the CAN-SPAM Act? Answer: FTC and FCC.
◉ What does the CAN-SPAM Act allow the FTC and FCC to do?
Answer: It provides the FTC and the FCC with the authority to issue
regulations that set forth exactly how the opt-out mechanism must
be offered and managed.
