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Preparations of CIPP-US Exam 2026 Certified Information Privacy Professional Unlimited 228 Questions
NEW QUESTION # 131
Which statute is considered part of U.S. federal privacy law?
- A. The e-Privacy Directive.
- B. The Fair Credit Reporting Act.
- C. SB 1386.
- D. The Personal Information Protection and Electronic Documents Act.
Answer: B
NEW QUESTION # 132
Smith Memorial Healthcare (SMH) is a hospital network headquartered in New York and operating in 7 other states. SMH uses an electronic medical record to enter and track information about its patients. Recently, SMH suffered a data breach where a third-party hacker was able to gain access to the SMH internal network.
Because it is a HIPPA-covered entity, SMH made a notification to the Office of Civil Rights at the U.S.
Department of Health and Human Services about the breach.
Which statement accurately describes SMH's notification responsibilities?
- A. If SMH must make a notification in any other state in which it operates, it must also make a notification to individuals in New York.
- B. If SMH is compliant with HIPAA, it will not have to make a separate notification to individuals in the state of New York.
- C. If SMH makes credit monitoring available to individuals who inquire, it will not have to make a separatenotification to individuals in the state of New York.
- D. If SMH has more than 500 patients in the state of New York, it will need to make separate notifications to these patients.
Answer: A
Explanation:
The correct answer is C. If SMH must make a notification in any other state in which it operates, it must also make a notification to individuals in New York. Under the Health Insurance Portability and Accountability Act (HIPAA), SMH is required to notify the Office of Civil Rights (OCR) and the affected individuals of a data breach involving unsecured protected health information (PHI) within 60 days of discovery1. However, HIPAA does not preempt state laws that provide greater protection to individuals or impose additional obligations on covered entities2. Therefore, SMH must also comply with the state breach notification laws of the states where it operates, including New York.
According to the New York State Information Security Breach and Notification Act, any person or business that owns or licenses computerized data that includes private information of a resident of New York must disclose any breach of the security of the system to such resident in the most expedient time possible and without unreasonable delay, unless the exposure of the private information was inadvertent and unlikely to result in misuse or financial harm3. Private information includes personal information (such as name, number, or other identifier) plus one or more of the following data elements: social security number; driver's license number or non-driver identification card number; account number, credit or debit card number, in combination with any required security code, access code, password or other information that would permit access to an individual's financial account; biometric information; or a user name or e-mail address in combination with a password or security question and answer that would permit access to an online account3.
Therefore, if SMH's data breach involved any of these data elements of New York residents, SMH must notify them of the breach, regardless of whether SMH is compliant with HIPAA, has more than 500 patients in New York, or offers credit monitoring services. SMH must also notify the New York Attorney General, the Department of State, and the Division of State Police within 10 days of notifying the affected individuals3. Additionally, SMH must notify the New York Department of Health if the breach involved electronic health records4.
References: https://www.pdpc.gov.sg/-/media/Files/PDPC/PDF-Files/Other-Guides/Guide-on-Managing-and-No
https://www.pcpd.org.hk/english/resources_centre/publications/files/guidance_note_dbn_e.pdf
NEW QUESTION # 133
Which of the following describes the most likely risk for a company developing a privacy policy with standards that are much higher than its competitors?
- A. Getting accused of discriminatory practices
- B. Having a security system failure
- C. Attracting skepticism from auditors
- D. Being more closely scrutinized for any breaches of policy
Answer: D
NEW QUESTION # 134
SCENARIO
Please use the following to answer the next QUESTION :
Declan has just started a job as a nursing assistant in a radiology department at Woodland Hospital. He has also started a program to become a registered nurse.
Before taking this career path, Declan was vaguely familiar with the Health Insurance Portability and Accountability Act (HIPAA). He now knows that he must help ensure the security of his patients' Protected Health Information (PHI). Therefore, he is thinking carefully about privacy issues.
On the morning of his first day, Declan noticed that the newly hired receptionist handed each patient a HIPAA privacy notice. He wondered if it was necessary to give these privacy notices to returning patients, and if the radiology department could reduce paper waste through a system of one-time distribution.
He was also curious about the hospital's use of a billing company. He questioned whether the hospital was doing all it could to protect the privacy of its patients if the billing company had details about patients' care.
On his first day Declan became familiar with all areas of the hospital's large radiology department. As he was organizing equipment left in the halfway, he overheard a conversation between two hospital administrators. He was surprised to hear that a portable hard drive containing non-encrypted patient information was missing. The administrators expressed relief that the hospital would be able to avoid liability. Declan was surprised, and wondered whether the hospital had plans to properly report what had happened.
Despite Declan's concern about this issue, he was amazed by the hospital's effort to integrate Electronic Health Records (EHRs) into the everyday care of patients. He thought about the potential for streamlining care even more if they were accessible to all medical facilities nationwide.
Declan had many positive interactions with patients. At the end of his first day, he spoke to one patient, John, whose father had just been diagnosed with a degenerative muscular disease. John was about to get blood work done, and he feared that the blood work could reveal a genetic predisposition to the disease that could affect his ability to obtain insurance coverage. Declan told John that he did not think that was possible, but the patient was wheeled away before he could explain why. John plans to ask a colleague about this.
In one month, Declan has a paper due for one his classes on a health topic of his choice. By then, he will have had many interactions with patients he can use as examples. He will be pleased to give credit to John by name for inspiring him to think more carefully about genetic testing.
Although Declan's day ended with many QUESTIONS, he was pleased about his new position.
What is the most likely way that Declan might directly violate the Health Insurance Portability and Accountability Act (HIPAA)?
- A. By ignoring the conversation about a potential breach
- B. By speaking to a patient without prior authorization
- C. By following through with his plans for his upcoming paper
- D. By being present when patients are checking in
Answer: C
Explanation:
"Other than for treatment, covered entities must make reasonable efforts to limit the use and disclosure of PHI to the minimum necessary in order to accomplish the intended purpose." He isn't involved in the potential breach, which is why he isn't trained for it, and doesn't know all the facts of the situation. He has not obligation doesn't need to investigate any further based on anything that he heard.
NEW QUESTION # 135
SCENARIO
Please use the following to answer the next QUESTION :
Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state's Do Not Call list, as well as the people on it. "If they were really serious about not being bothered," Evan said, "They'd be on the national DNC list. That's the only one we're required to follow. At SunriseLynx, we call until they ask us not to." Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call "another time." This, to Larry, is a clear indication that they don't want to be called at all. Evan doesn't see it that way.
Larry believes that Evan's arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social medi a. However, following Evan's political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.
Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan's leadership.
Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker's belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.
Larry wants to take action, but is uncertain how to proceed.
Which act would authorize Evan's undercover investigation?
- A. The Whistleblower Protection Act
- B. The National Labor Relations Act (NLRA)
- C. The Stored Communications Act (SCA)
- D. The Fair and Accurate Credit Transactions Act (FACTA)
Answer: C
Explanation:
Stored communications. As previously discussed, the SCA creates a general prohibition against the unauthorized acquisition, alteration or blocking of electronic communications while in electronic storage in a facility through which an electronic communications service is provided.119 Violations for interceptions can lead to criminal penalties or a civil lawsuit. The law provides for exceptions. Two exceptions that may apply to the employer are for conduct authorized: "By the person or entity providing a wire or electronic communications service" (often the employer)120 "By a user of that service with respect to a communication of or intended for that user"121
NEW QUESTION # 136
If an organization maintains data classified as high sensitivity in the same system as data classified as low sensitivity, which of the following is the most likely outcome?
- A. The organization will still be in compliance with most sector-specific privacy and security laws.
- B. The organization will be able to address legal discovery requests efficiently without producing more information than necessary.
- C. Temporary employees will be able to find the data necessary to fulfill their responsibilities.
- D. The impact of an organizational data breach will be more severe than if the data had been segregated.
Answer: B
NEW QUESTION # 137
Which of the following best describes how federal anti-discrimination laws protect the privacy of private-sector employees in the United States?
- A. They limit the amount of time a potential employee can be interviewed.
- B. They limit the types of information that employers can collect about employees.
- C. They prescribe working environments that are safe and comfortable.
- D. They promote a workforce of employees with diverse skills and interests.
Answer: B
NEW QUESTION # 138
In 2011, the FTC announced a settlement with Google regarding its social networking service Google Buzz.
The FTC alleged that in the process of launching the service, the company did all of the following EXCEPT?
- A. Failed to employ sufficient security safeguards.
- B. Failed to comply with Safe Harbor principles.
- C. Violated its own privacy policies.
- D. Engaged in deceptive trade practices.
Answer: A
Explanation:
The FTC alleged that Google violated its own privacy policies, engaged in deceptive trade practices, and failed to comply with Safe Harbor principles when it launched Google Buzz, a social networking service that automatically enrolled Gmail users and exposed their email contacts and other personal information without their consent or control. The FTC did not allege that Google failed to employ sufficient security safeguards, although it did require Google to implement a comprehensive privacy program and submit to regular privacy audits as part of the settlement. The other statements are incorrect because:
* A. Violated its own privacy policies: The FTC alleged that Google violated its own privacy policies by using information collected from Gmail users for a purpose that wasincompatible with the purpose for which the information was collected, without obtaining their affirmative consent. Google's privacy policy stated that "When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use."1
* B. Engaged in deceptive trade practices: The FTC alleged that Google engaged in deceptive trade practices by misrepresenting the extent to which consumers could exercise control over the collection, use, and sharing of their personal information through Google Buzz. For example, Google offered consumers the option to decline or turn off Google Buzz, but the option was ineffective and did not fully remove the consumer from the social network. Google also misled consumers about how their email contacts would be treated on Google Buzz, and failed to disclose that certain information, such as the user's frequent email contacts, would be made public by default.1
* C. Failed to comply with Safe Harbor principles: The FTC alleged that Google failed to comply with the
U.S.-EU Safe Harbor Framework, which provides a method for U.S. companies to transfer personal data from the European Union to the United States in a way that meets EU data protection requirements.
Google had self-certified to the Department of Commerce that it adhered to the Safe Harbor Privacy Principles, which include notice, choice, access, and enforcement. The FTC alleged that Google's conduct violated the notice and choice principles, as well as the requirement to adhere to the Safe Harbor FAQs.1 References: FTC Charges Deceptive Privacy Practices in Google's Rollout of Its Buzz Social Network, Google, Inc., In the Matter of, Google settles with FTC over Buzz; Privacy policies to be audited for two decades, Google Settles FTC Complaint over Google Buzz Privacy
NEW QUESTION # 139
SCENARIO
Please use the following to answer the next QUESTION
Noah is trying to get a new job involving the management of money. He has a poor personal credit rating, but he has made better financial decisions in the past two years.
One potential employer, Arnie's Emporium, recently called to tell Noah he did not get a position. As part of the application process, Noah signed a consent form allowing the employer to request his credit report from a consumer reporting agency (CRA). Noah thinks that the report hurt his chances, but believes that he may not ever know whether it was his credit that cost him the job. However, Noah is somewhat relieved that he was not offered this particular position. He noticed that the store where he interviewed was extremely disorganized. He imagines that his credit report could still be sitting in the office, unsecured.
Two days ago, Noah got another interview for a position at Sam's Market. The interviewer told Noah that his credit report would be a factor in the hiring decision. Noah was surprised because he had not seen anything on paper about this when he applied.
Regardless, the effect of Noah's credit on his employability troubles him, especially since he has tried so hard to improve it. Noah made his worst financial decisions fifteen years ago, and they led to bankruptcy. These were decisions he made as a young man, and most of his debt at the time consisted of student loans, credit card debt, and a few unpaid bills - all of which Noah is still working to pay off. He often laments that decisions he made fifteen years ago are still affecting him today.
In addition, Noah feels that an experience investing with a large bank may have contributed to his financial troubles. In 2007, in an effort to earn money to help pay off his debt, Noah talked to a customer service representative at a large investment company who urged him to purchase stocks. Without understanding the risks, Noah agreed. Unfortunately, Noah lost a great deal of money.
After losing the money, Noah was a customer of another financial institution that suffered a large security breach. Noah was one of millions of customers whose personal informationwas compromised. He wonders if he may have been a victim of identity theft and whether this may have negatively affected his credit.
Noah hopes that he will soon be able to put these challenges behind him, build excellent credit, and find the perfect job.
Based on the scenario, which legislation should ease Noah's worry about his credit report as a result of applying at Arnie's Emporium?
- A. The Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA).
- B. The Red Flags Rule under the Fair and Accurate Credit Transactions Act (FACTA).
- C. The Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA).
- D. The Privacy Rule under the Gramm-Leach-Bliley Act (GLBA).
Answer: C
Explanation:
The Department of Commerce (DOC) plays a role in privacy policy by promoting the development and adoption of voluntary codes of conduct, standards, and best practices for the private sector, as well as facilitating cross-border data transfers through mechanisms such as the EU-U.S. Privacy Shield and the APEC Cross-Border Privacy Rules. However, the DOC does not have regulatory authority to enforce privacy laws or impose sanctions for privacy violations. The other agencies listed have some degree of regulatory authority over privacy issues within their respective domains. For example, the Office of the Comptroller of the Currency (OCC) supervises national banks and federal savings associations and enforces the GLBA privacy and security rules for these institutions. The Federal Communications Commission (FCC) regulates interstate and international communications and enforces the privacy and security rules for telecommunications carriers, broadband providers, and voice over internet protocol (VoIP) services. The Department of Transportation (DOT) oversees the transportation sector and enforces the privacy and security rules for airlines, travel agents, and other covered entities under the Aviation and Transportation Security Act (ATSA). References:
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 1: Introduction to the
U.S. Privacy Environment, Section 1.3: Federal Agencies with a Role in Privacy, p. 18-19
* IAPP CIPP/US Body of Knowledge, Domain I: Introduction to the U.S. Privacy Environment, Objective
I.B: Identify the major federal agencies with a role inprivacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 7
* IAPP CIPP/US Exam Blueprint, Domain I: Introduction to the U.S. Privacy Environment, Objective I.B:
Identify the major federal agencies with a role in privacy, Subobjective I.B.4: Identify the role of the Department of Commerce, p. 3
NEW QUESTION # 140
Which is an exception to the general prohibitions on telephone monitoring that exist under the U.S. Wiretap Act?
- A. Internet calls exception
- B. Ordinary course of business exception
- C. Call center exception
- D. Inter-company communications exception
Answer: B
Explanation:
The U.S. Wiretap Act prohibits the interception and disclosure of wire, oral, or electronic communications, unless one of the statutory exceptions applies. One of these exceptions is the ordinary course of business exception, which allows an employer or service provider to intercept communications that are made in the ordinary course of its business, such as for quality control, training, or security purposes. This exception does not apply to communications that are not related to the business, such as personal calls or emails, or to communications that are intercepted for other reasons, such as harassment, discrimination, or retaliation. The scope and applicability of this exception may vary depending on the context, the consent of the parties, and the state law. The other options are not valid exceptions under the Wiretap Act. References: 1, 2, 3, 4
NEW QUESTION # 141
Under state breach notification laws, which is NOT typically included in the definition of personal information?
- A. State identification number
- B. First and last name
- C. Medical Information
- D. Social Security number
Answer: B
Explanation:
Under state breach notification laws, personal information is typically defined as an individual's first name or first initial and last name plus one or more other data elements, such as Social Security number, state identification number, account number, medical information, etc. However, first and last name alone are not usually considered personal information, unless they are combined with other data elements that could identify the individual or compromise their security or privacy. Therefore, option B is the correct answer, as it is not typically included in the definition of personal information under state breach notification laws.
NEW QUESTION # 142
Which of the following best describes the ASIA-Pacific Economic Cooperation (APEC) principles?
- A. A code of responsibilities for medical establishments to uphold privacy laws.
- B. A bill of rights for individuals seeking access to their personal information.
- C. An international court ruling on personal information held in the commercial sector.
- D. A baseline of marketers' minimum responsibilities for providing opt-out mechanisms.
Answer: B
Explanation:
Explanation/Reference: http://documents1.worldbank.org/curated/en/751621525705087132/text/WPS8431.txt
NEW QUESTION # 143
What was the original purpose of the Foreign Intelligence Surveillance Act?
- A. To further clarify a reasonable expectation of privacy stemming from the Katz v. United States decision.
- B. To further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution.
- C. To further define what information can reasonably be under surveillance in public places under the USA PATRIOT Act, such as Internet access in public libraries.
- D. To further clarify when a warrant is not required for a wiretap performed internally by the telephone company outside the suspect's home, stemming from the Olmstead v. United States decision.
Answer: B
Explanation:
The Foreign Intelligence Surveillance Act (FISA) was enacted in 1978 in response to revelations of widespread privacy violations by the federal government under President Nixon. It established procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power. The original purpose of FISA was to further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution, which grants the president the power to conduct foreign affairs and defend the nation. FISA was intended to balance the need for collecting foreign intelligence information with the protection of privacy and civil liberties of U.S. persons.
NEW QUESTION # 144
SCENARIO
Please use the following to answer the next QUESTION:
Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state's Do Not Call list, as well as the people on it. "If they were really serious about not being bothered," Evan said, "They'd be on the national DNC list. That's the only one we're required to follow. At SunriseLynx, we call until they ask us not to." Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call "another time." This, to Larry, is a clear indication that they don't want to be called at all. Evan doesn't see it that way.
Larry believes that Evan's arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social media. However, following Evan's political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.
Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan's leadership.
Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker's belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.
Larry wants to take action, but is uncertain how to proceed.
Which act would authorize Evan's undercover investigation?
- A. The Whistleblower Protection Act
- B. The National Labor Relations Act (NLRA)
- C. The Stored Communications Act (SCA)
- D. The Fair and Accurate Credit Transactions Act (FACTA)
Answer: C
Explanation:
The Stored Communications Act (SCA) is a federal law that regulates the privacy of electronic communications that are stored by third-party service providers, such as email providers, cloud storage providers, or social media platforms. The SCA prohibits unauthorized access to or disclosure of such communications, unless authorized by law or by the consent of the user or the service provider . The SCA also provides exceptions for certain types of access or disclosure, such as those made for law enforcement purposes, for the protection of the service provider's rights or property, or for the consent of the subscriber or customer .
One of the exceptions to the SCA is where the service provider gives consent to the access or disclosure of the stored communications. This means that if a third-party service provider agrees to cooperate with an investigation or a request for information, the access or disclosure is lawful under the SCA. Consent can be express or implied, depending on the circumstances and the terms of service of the provider. For example, if a service provider has a policy that allows it to disclose user information to third parties for legitimate purposes, the provider has impliedly consented to the access or disclosure of the stored communications. However, if a service provider has a policy that prohibits such disclosure, the provider has not consented to the access or disclosure of the stored communications.
In the scenario, Evan's undercover investigation may have been authorized by the SCA if he obtained the consent of the third-party service provider that stored the electronic communications of the employee who was suspected of misconduct. For instance, if the employee used a company email account or a cloud storage service that had a policy that allowed the service provider to disclose user information to the employer or to law enforcement, Evan may have been able to access or disclose the stored communications with the consent of the service provider. However, if the employee used a personal email account or a cloud storage service that had a policy that protected user privacy and prohibited such disclosure, Evan may have violated the SCA by accessing or disclosing the stored communications without the consent of the service provider.
References: : [Stored Communications Act], 18 U.S.C. §§ 2701-2712 : [IAPP CIPP/US Study Guide], Chapter 8, Section 8.2.2. : [The Stored Communications Act: An Old Statute for Modern Problems], pp. 10-
11.
NEW QUESTION # 145
SCENARIO
Please use the following to answer the next question;
Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada.
Miraculous normally treats patients in person, but has recently decided to start offering teleheaith appointments, where patients can have virtual appointments with on-site doctors via a phone app For this new initiative. Miraculous is considering a product built by MedApps, a company that makes quality teleheaith apps for healthcare practices and licenses them to be used with the practices' branding. MedApps provides technical support for the app. which it hosts in the cloud MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service Riya is the Privacy Officer at Miraculous, responsible for the practice's compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place. She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices. as well as negotiating the terms of vendor agreements Riya is currently reviewing the suitability of the MedApps app from a privacy perspective.
Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps' optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedApps What is the most practical action Riya can take to minimize the privacy risks of using an app for telehealth appointments?
- A. Prevent MedApps from using copies of the patient data.
- B. Require MedApps to submit a SOC2 report.
- C. Require MedApps to obtain consent from all patients.
- D. Engage in active oversight of MedApps
Answer: D
Explanation:
When handling sensitive data, such as protected health information (PHI) in compliance with HIPAA, it is crucial for covered entities, such as Miraculous Healthcare, to ensure that their business associates (e.g., MedApps) appropriately safeguard the data they process. While contracts like Business Associate Agreements (BAAs) establish the obligations of business associates, active oversight by the covered entity is a practical and necessary step to mitigate privacy risks and ensure compliance.
Why Active Oversight is the Best Option:
* Active oversight involves regular monitoring, audits, and reviews of MedApps' practices to ensure they comply with the agreed-upon privacy and security obligations.
* This approach allows Miraculous Healthcare to confirm that MedApps is implementing appropriate technical and organizational safeguards, such as encryption, secure access controls, and breach notification processes.
* It also ensures that MedApps remains compliant with HIPAA requirements over time, even if there are changes to the app, its services, or legal requirements.
Explanation of Options:
* A. Prevent MedApps from using copies of the patient data:While restricting MedApps from creating unnecessary data copies could reduce some risks, it is often impractical, especially for troubleshooting, app hosting, and support purposes. HIPAA does not require outright prevention of data copies, as long as PHI is appropriately safeguarded and used solely for permissible purposes.
* B. Require MedApps to obtain consent from all patients:Under HIPAA, covered entities (not business associates) are primarily responsible for obtaining patient consent or authorization where required. MedApps, as a business associate, processes PHI on behalf of Miraculous Healthcare and is not in a position to obtain consent directly from patients.
* C. Require MedApps to submit a SOC2 report:A SOC 2 (Service Organization Control 2) report can provide valuable assurance regarding MedApps' security, availability, and confidentiality practices.
However, this action alone does not mitigate all risks, as SOC 2 reports are point-in-time assessments and may not reflect ongoing compliance or address specific HIPAA requirements.
* D. Engage in active oversight of MedApps:This is the most practical and comprehensive approach.
Active oversight includes reviewing MedApps' privacy practices, conducting periodic assessments, and monitoring compliance with the Business Associate Agreement (BAA). It ensures that MedApps continues to protect PHI appropriately and addresses any privacy risks proactively.
Additional Context:
In the context of the optional benchmarking service, Riya should ensure:
* The uploaded data is de-identified or aggregated to comply with HIPAA's de-identification standard (45 CFR § 164.514) if possible.
* The use of PHI for benchmarking is explicitly addressed in the BAA or a separate agreement.
References from CIPP/US Materials:
* HIPAA Privacy Rule (45 CFR § 160.103 and 164.504): Describes the responsibilities of covered entities and business associates, including the need for BAAs and safeguards for PHI.
* NIST Privacy Framework and NIST SP 800-53: Provides guidance on implementing oversight mechanisms for third-party risk management.
* IAPP CIPP/US Certification Textbook: Discusses the importance of vendor management and active oversight in ensuring privacy compliance.
Conclusion:
Requiring MedApps to submit a SOC 2 report or restricting data use might address specific concerns but would not provide the comprehensive, ongoing protection necessary to reduce risks effectively. Engaging in active oversight is the most practical and effective action to minimize privacy risks while maintaining compliance with HIPAA.
NEW QUESTION # 146
SCENARIO
Please use the following to answer the next QUESTION:
Declan has just started a job as a nursing assistant in a radiology department at Woodland Hospital. He has also started a program to become a registered nurse.
Before taking this career path, Declan was vaguely familiar with the Health Insurance Portability and Accountability Act (HIPAA). He now knows that he must help ensure the security of his patients' Protected Health Information (PHI). Therefore, he is thinking carefully about privacy issues.
On the morning of his first day, Declan noticed that the newly hired receptionist handed each patient a HIPAA privacy notice. He wondered if it was necessary to give these privacy notices to returning patients, and if the radiology department could reduce paper waste through a system of one-time distribution.
He was also curious about the hospital's use of a billing company. He Questioned whether the hospital was doing all it could to protect the privacy of its patients if the billing company had details about patients' care.
On his first day Declan became familiar with all areas of the hospital's large radiology department. As he was organizing equipment left in the halfway, he overheard a conversation between two hospital administrators. He was surprised to hear that a portable hard drive containing non-encrypted patient information was missing. The administrators expressed relief that the hospital would be able to avoid liability. Declan was surprised, and wondered whether the hospital had plans to properly report what had happened.
Despite Declan's concern about this issue, he was amazed by the hospital's effort to integrate Electronic Health Records (EHRs) into the everyday care of patients. He thought about the potential for streamlining care even more if they were accessible to all medical facilities nationwide.
Declan had many positive interactions with patients. At the end of his first day, he spoke to one patient, John, whose father had just been diagnosed with a degenerative muscular disease. John was about to get blood work done, and he feared that the blood work could reveal a genetic predisposition to the disease that could affect his ability to obtain insurance coverage. Declan told John that he did not think that was possible, but the patient was wheeled away before he could explain why. John plans to ask a colleague about this.
In one month, Declan has a paper due for one his classes on a health topic of his choice. By then, he will have had many interactions with patients he can use as examples. He will be pleased to give credit to John by name for inspiring him to think more carefully about genetic testing.
Although Declan's day ended with many Questions, he was pleased about his new position.
How can the radiology department address Declan's concern about paper waste and still comply with the Health Insurance Portability and Accountability Act (HIPAA)?
- A. Post the privacy notice in a prominent location instead
- B. Confirm that patients are given the privacy notice on their first visit
- C. State the privacy policy to the patient verbally
- D. Direct patients to the correct area of the hospital website
Answer: B
Explanation:
HIPAA requires covered entities to provide a notice of privacy practices (NPP) to individuals who receive health care services from the covered entity. The NPP must describe how the covered entity may use and disclose protected health information (PHI), the individual's rights with respect to their PHI, and the covered entity's obligations to protect the privacy of PHI. The NPP must be provided to the individual no later than the date of the first service delivery, either in person or electronically. The covered entity must also make the NPP available on request and post it on its website if it has one. The covered entity must also make a good faith effort to obtain a written acknowledgment from the individual that they received the NPP. If the individual refuses to sign the acknowledgment, the covered entity must document the attempt and the reason for the refusal.
The other options are not sufficient to comply with HIPAA. Stating the privacy policy verbally (option A) does not provide the individual with a written or electronic copy of the NPP that they can keep for future reference. Posting the privacy notice in a prominent location (option B) does not ensure that the individual receives the NPP or has an opportunity to review it before receiving services. Directing patients to the correct area of the hospital website (option C) does not provide the individual with the NPP at the time of service delivery, unless the individual agrees to receive the NPP electronically and has access to the website at that time. References:
* Notice of Privacy Practices for Protected Health Information
* Model Notices of Privacy Practices
* Sample Notice: Availability of Notice of Privacy Practices
* Notice of Privacy Practices
* Notice of Privacy Practices (NPP) Distribution and Acknowledgement
NEW QUESTION # 147
SCENARIO
Please use the following to answer the next question:
Noah is trying to get a new job involving the management of money. He has a poor personal credit rating, but he has made better financial decisions in the past two years.
One potential employer, Arnie's Emporium, recently called to tell Noah he did not get a position.
As part of the application process, Noah signed a consent form allowing the employer to request his credit report from a consumer reporting agency (CRA). Noah thinks that the report hurt his chances, but believes that he may not ever know whether it was his credit that cost him the job.
However, Noah is somewhat relieved that he was not offered this particular position. He noticed that the store where he interviewed was extremely disorganized. He imagines that his credit report could still be sitting in the office, unsecured.
Two days ago, Noah got another interview for a position at Sam's Market. The interviewer told Noah that his credit report would be a factor in the hiring decision. Noah was surprised because he had not seen anything on paper about this when he applied.
Regardless, the effect of Noah's credit on his employability troubles him, especially since he has tried so hard to improve it. Noah made his worst financial decisions fifteen years ago, and they led to bankruptcy. These were decisions he made as a young man, and most of his debt at the time consisted of student loans, credit card debt, and a few unpaid bills ?all of which Noah is still working to pay off. He often laments that decisions he made fifteen years ago are still affecting him today.
In addition, Noah feels that an experience investing with a large bank may have contributed to his financial troubles. In 2007, in an effort to earn money to help pay off his debt, Noah talked to a customer service representative at a large investment company who urged him to purchase stocks. Without understanding the risks, Noah agreed. Unfortunately, Noah lost a great deal of money.
After losing the money, Noah was a customer of another financial institution that suffered a large security breach. Noah was one of millions of customers whose personal information was compromised. He wonders if he may have been a victim of identity theft and whether this may have negatively affected his credit.
Noah hopes that he will soon be able to put these challenges behind him, build excellent credit, and find the perfect job.
Consumers today are most likely protected from situations like the one Noah had buying stock because of which federal action or legislation?
- A. Federal Trade Commission investigations into "unfair and deceptive" acts or practices.
- B. Investigations of "abusive" acts and practices under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
- C. The rules under the Fair Debt Collection Practices Act.
- D. The creation of the Consumer Financial Protection Bureau.
Answer: B
Explanation:
The Dodd-Frank Act was established to prevent the risky financial practices that led to the
2007?008 financial crisis, which included issues similar to Noah's experience with buying stocks without understanding the risks. The act includes provisions for consumer protection in financial services and aims to prevent abusive practices in the financial industry.
NEW QUESTION # 148
In which situation would a policy of "no consumer choice" or "no option" be expected?
- A. When a patient's health record is made available to a pharmaceutical company
- B. When a customer's street address is shared with a shipping company
- C. When a job applicant's credit report is provided to an employer
- D. When a customer's financial information is requested by the government
Answer: B
Explanation:
"For example, a consumer who orders a product online expects their personal information to be shared with the shipping company, the credit card processor, and others who are engaged in fulfilling the transactions. The consumer does not expect to have to sign an opt-in or be offered an opt-out option for the shipping company to learn the address" Excerpt From IAPP_US_TB_US-Private-Sector-Privacy-3E_1.0
NEW QUESTION # 149
Which of the following best describes how federal anti-discrimination laws protect the privacy of private-sector employees in the United States?
- A. They limit the amount of time a potential employee can be interviewed.
- B. They limit the types of information that employers can collect about employees.
- C. They prescribe working environments that are safe and comfortable.
- D. They promote a workforce of employees with diverse skills and interests.
Answer: B
Explanation:
Federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990, prohibit employers from discriminating against employees or applicants based on certain protected characteristics, such as race, color, religion, sex, national origin, age, disability, and genetic information. These laws also limit the types of information that employers can collect, use, disclose, or retain about employees or applicants,in order to prevent discrimination or invasion of privacy. For example, employers cannot ask about an applicant's medical history, disability status, genetic information, or religious beliefs, unless they are relevant to the job or a bona fide occupational qualification. Employers also cannot use such information to make adverse employment decisions, such as hiring, firing, promotion, or compensation, unless they are justified by a legitimate business necessity or a reasonable accommodation. Employers must also safeguard the confidentiality of such information and dispose of it properly when it is no longer needed. References:
* Federal Laws Prohibiting Job Discrimination Questions And Answers
* Laws Enforced by EEOC
* Employment and Anti-Discrimination Laws in the Workplace
* Protections Against Discrimination and Other Prohibited Practices
* 3. Who is protected from employment discrimination?
NEW QUESTION # 150
Which venture would be subject to the requirements of Section 5 of the Federal Trade Commission Act?
- A. An online merchant's free shipping offer
- B. A national bank's no-fee checking promotion
- C. A local nonprofit charity's fundraiser
- D. A city bus system's frequent rider program
Answer: A
Explanation:
Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce."1 This prohibition applies to all persons engaged in commerce, including banks, but also exempts some entities, such as nonprofit organizations and common carriers, from FTC jurisdiction.
2 Therefore, among the four options, only an online merchant's free shipping offer would be subject to the requirements of Section 5, as it involves a commercial activity that could potentially mislead or harm consumers. For example, if the online merchant fails to disclose the terms and conditions of the offer, or charges hidden fees, or delivers the products late or damaged, it could violate Section 5 by engaging in a deceptive practice.3 References: 1: Section 5 | Federal Trade Commission 2: Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices, page 13: IAPP CIPP/US Certified Information Privacy Professional Study Guide, page 23.
NEW QUESTION # 151
Due to cookie deprecation, businesses will be required to simplify their tracking practices by doing what?
- A. Purging existing IDs that identify visitors by browser.
- B. Ensuring only registered users are tracked.
- C. Deleting their existing data sets of any third-party cookies
- D. Running analytics only in dedicated sandboxes
Answer: C
Explanation:
With the impending deprecation of third-party cookies, businesses must simplify their tracking practices and shift to more privacy-conscious technologies. Third-party cookies are being phased out by major web browsers, such as Google Chrome, to improve user privacy and reduce cross- site tracking.
One of the most critical actions businesses need to take is deleting existing data sets of third- party cookies, as they will soon become obsolete. This action ensures compliance with emerging privacy standards and helps organizations transition to alternative methods of tracking, such as first-party data collection or consent-based tracking mechanisms.
NEW QUESTION # 152
According to FERPA, when can a school disclose records without a student's consent?
- A. If the disclosure is not to be conducted through email to the third party
- B. If the disclosure is to practitioners who are involved in a student's health care
- C. If the disclosure is to provide transcripts to a school where a student intends to enroll
- D. If the disclosure would not reveal a student's student identification number
Answer: C
Explanation:
Explanation/Reference: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
NEW QUESTION # 153
Which of the following best describes what a "private right of action" is?
- A. The right of individuals harmed by data processing to have their information deleted.
- B. The right of individuals harmed by a violation of a law to file a lawsuit against the violation.
- C. The right of individuals to submit a request to access their information.
- D. The right of individuals to keep their information private.
Answer: B
Explanation:
A private right of action is a legal provision that grants individuals the ability to bring a lawsuit against a party that has wronged them and to seek redress for the harm that they have suffered. A private right of action is a fundamental component of the U.S. judicial system and an essential element of enforcingprivacy rights.
Privacy advocates argue that a private right of action is necessary to hold perpetrators of privacy violations accountable and to address the limitations of the FTC's enforcement authority. However, businesses are concerned that a private right of action would lead to a proliferation of frivolous lawsuits that would burden responsible data processors and impede innovation. References:
* U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 2, Section 2.3.3, pp. 35-36.
* How to end the deadlock on the private right of action by Paula Bruening, IAPP Privacy Perspectives, Jan 20, 2022.
* Private Right of Action (Legal Definition & Examples) by Lawrina, accessed on Jan 25, 2022.
NEW QUESTION # 154
A company based in United States receives information about its UK subsidiary's employees in connection with the centralized HR service it provides.
How can the UK company ensure an adequate level of data protection that would allow the restricted data transfer to continue?
- A. By revising the contract with the United States parent company incorporating EU SCCs, as it continues to be valid for restricted transfers under the UK regime.
- B. By signing up to an approved code of conduct under UK GDPR to demonstrate compliance with its requirements, both for the parent and the subsidiary companies.
- C. By submitting to the ICO a new application for the UK BCRs using the UK BCR application forms, as their existing authorized EU BCRs are not recognized.
- D. By allowing each employee the option to opt-out to the restricted transfer, as it is necessary to send their names in order to book the sales bonuses.
Answer: C
Explanation:
SCCs are for transfers between third parties. BCRs are for intragroup transfers. Post Brexit, company's need to separately obtain approval with the UK ICO for their UK BCRs. "Holders of EU Binding Corporate Rules (EU BCRs) are now required to take action to continue relying on them as an appropriate safeguard for international data."
NEW QUESTION # 155
Which jurisdiction must courts have in order to hear a particular case?
- A. Subject matter jurisdiction and professional jurisdiction
- B. Subject matter jurisdiction and regulatory jurisdiction
- C. Personal jurisdiction and professional jurisdiction
- D. Personal jurisdiction and subject matter jurisdiction
Answer: D
Explanation:
In order for a court to hear a case, it must have both personal jurisdiction and subject matter jurisdiction. Personal jurisdiction refers to the authority of a court over the parties to a case, while subject matter jurisdiction refers to the authority of a court to hear a particular type of case. For example, a federal court may have subject matter jurisdiction over a case involving a federal law, but it may not have personal jurisdiction over a defendant who has no contacts with the state where the court is located. Similarly, a state court may have personal jurisdiction over a resident of the state, but it may not have subject matter jurisdiction over a case involving a foreign treaty.
NEW QUESTION # 156
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