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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q153-Q158):
NEW QUESTION # 153
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 makes credit monitoring available to individuals who inquire, it will not have to make a separate
- B. 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.
- C. If SMH is compliant with HIPAA, it will not have to make a separate notification 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: C
Explanation:
notification to individuals in the state of New York.
Explanation:
https://www.perkinscoie.com/en/news-insights/security-breach-notification-chart-new-york.html
NEW QUESTION # 154
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 provide transcripts to a school where a student intends to enroll
- C. If the disclosure is to practitioners who are involved in a student's health care
- D. If the disclosure would not reveal a student's student identification number
Answer: B
Explanation:
Explanation/Reference: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
NEW QUESTION # 155
The "Consumer Privacy Bill of Rights" presented in a 2012 Obama administration report is generally based on?
- A. European Union Directive
- B. Traditional fair information practices
- C. Common law principles
- D. The 1974 Privacy Act
Answer: B
Explanation:
The Consumer Privacy Bill of Rights is a set of principles that the Obama administration proposed in 2012 to guide the development of privacy legislation and policies in the United States. The report that introduced the bill of rights stated that it was "generally based on the widely accepted Fair Information Practice Principles (FIPPs)"1, which are a set of standards that originated in the 1970s and have influenced many privacy laws and frameworks around the world. The FIPPs include concepts such as individual control, transparency, security, accountability, and data minimization2. The Consumer Privacy Bill of Rights adapted and expanded these principles to address the challenges and opportunities of the digital economy1. References: 1: Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy2, page 92: IAPP CIPP/US Certified Information Privacy Professional Study Guide3, page 17.
NEW QUESTION # 156
Which of the following is most likely to provide privacy protection to private-sector employees in the United States?
- A. State law, contract law, and tort law
- B. The U.S. Department of Health and Human Services (HHS)
- C. Amendments one, four, and five of the U.S. Constitution
- D. The Federal Trade Commission Act (FTC Act)
Answer: A
Explanation:
Unlike many other countries, the United States does not have a comprehensive federal law that regulates the privacy of private-sector employees. Instead, the privacy protection of employees depends largely on state law, contract law, and tort law. State law may provide specific rights and remedies for employees regarding issues such as drug testing, background checks, electronic monitoring, social media access, and genetic information. Contract law may create obligations and expectations for employers and employees based on written or implied agreements, such as employment contracts, employee handbooks, or collective bargaining agreements. Tort law may allow employees to sue their employers for invasion of privacy, such as intrusion upon seclusion, public disclosure of private facts, false light, or appropriation of name or likeness. The other options are less likely to provide privacy protection to private-sector employees in the United States. The FTC Act primarily regulates the privacy practices of businesses that collect and use consumer data, not employee data. The U.S. Constitution only protects individuals from unreasonable searches and seizures by the government, not by private employers. The HHS only enforces the HIPAA Privacy Rule, which applies to covered entities and business associates that handle protected health information, not to all private-sector employers. References:
* IAPP CIPP/US Study Guide, Chapter 6: Workplace Privacy
* Privacy Rights of Employees Using Workplace Computers in the United States
* Employee Privacy Laws
NEW QUESTION # 157
SCENARIO
Please use the following to answer the next QUESTION
Otto is preparing a report to his Board of Directors at Filtration Station, where he is responsible for the privacy program. Filtration Station is a U.S. company that sells filters and tubing products to pharmaceutical companies for research use. The company is based in Seattle, Washington, with offices throughout the U.S.
and Asia. It sells to business customers across both the U.S. and the Asia-Pacific region. Filtration Station participates in the Cross-Border Privacy Rules system of the APEC Privacy Framework.
Unfortunately, Filtration Station suffered a data breach in the previous quarter. An unknown third party was able to gain access to Filtration Station's network and was able to steal data relating to employees in the company's Human Resources database, which is hosted by a third-party cloud provider based in the U.S. The HR data is encrypted. Filtration Station also uses the third-party cloud provider to host its business marketing contact database. The marketing database was not affected by the data breach. It appears that the data breach was caused when a system administrator at the cloud provider stored the encryption keys with the data itself.
The Board has asked Otto to provide information about the data breach and how updates on new developments in privacy laws and regulations apply to Filtration Station. They are particularly concerned about staying up to date on the various U.S. state laws and regulations that have been in the news, especially the California Consumer Privacy Act (CCPA) and breach notification requirements.
The Board has asked Otto whether the company will need to comply with the new California Consumer Privacy Law (CCPA). What should Otto tell the Board?
- A. That CCPA will apply to the company only after the California Attorney General determines that it will enforce the statute.
- B. That the company is governed by CCPA, but does not need to take any additional steps because it follows CPBR.
- C. That CCPA only applies to companies based in California, which exempts the company from compliance.
- D. That business contact information could be considered personal information governed by CCPA.
Answer: D
Explanation:
The CCPA applies to any business that collects personal information of California residents, regardless of where the business is located1. The CCPA defines personal information broadly as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household2. This could include business contact information, such as name, email address, phone number, or job title, if it is linked to a specific individual3. Therefore, Otto should tell the Board that business contact information could be considered personal information governed by CCPA, and that the company may need to comply with the CCPA requirements, such as providing notice, honoring consumer rights requests, and implementing reasonable security measures4. References:
* CIPP/US Practice Questions (Sample Questions), Question 124, Answer C, Explanation C.
* IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 6, Section 6.2, p.
181-182.
* California Consumer Privacy Act (CCPA), Section 1798.140, Subsection (o).
* CCPA Compliance Checklist for Businesses, Section 2, Subsection (a).
NEW QUESTION # 158
......
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