CIPP-US Question #219: Real Exam Question with Answer & Explanation

The correct answer is A. An employer contacts the professional references provided on an applicant's resume. Implied consent is a form of consent that is inferred from the actions or inactions of the data subject, rather than explicitly expressed by the data subject. Implied consent is generally considered a valid basis for processing personal data under certain circumstances, such as w

Question

In which situation is a company operating under the assumption of implied consent?

Options

AAn employer contacts the professional references provided on an applicant's resume
BAn online retailer subscribes new customers to an e-mail list by default
CA landlord uses the information on a completed rental application to run a credit report
DA retail clerk asks a customer to provide a zip code at the check-out counter

Explanation

Implied consent is a form of consent that is inferred from the actions or inactions of the data subject, rather than explicitly expressed by the data subject. Implied consent is generally considered a valid basis for processing personal data under certain circumstances, such as when the processing is necessary for the performance of a contract, the legitimate interests of the data controller, or the reasonable expectations of the data subject. However, implied consent may not be sufficient for processing sensitive personal data, such as health, biometric, or genetic data, or for sending marketing communications, depending on the applicable laws and regulations. In the U.S., there is no comprehensive federal privacy law that regulates the use of implied consent for data processing, but there are sector-specific laws and state laws that may impose different requirements and limitations. Based on the scenarios given in the question, the situation that is most likely to involve a company operating under the assumption of implied consent is A. An employer contacts the professional references provided on an applicant's resume. This is because the employer may reasonably infer that the applicant has consented to the contact of the references by voluntarily providing their information on the resume, and that the contact is necessary for the legitimate interest of the employer to verify the applicant's qualifications and suitability for the job. The other situations may not involve implied consent, but rather require explicit consent or provide opt-out options for the data subjects, depending on the type and purpose of the data processing and the relevant laws and regulations.

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