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Certified Information Privacy Professional/United States (CIPP/US)

Last Update 4 hours ago Total Questions : 194

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Question # 31

SCENARIO

Please use the following to answer the next QUESTION:

You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in state A. HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo. CloudHealth stores the data in state B. As part of HealthCo’s business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement security

measures, including industry standard encryption practices, to adequately protect the data. However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth’s security measures.

A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals – ones that exposed the PHI of public figures including celebrities and politicians.

During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.

A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual’s ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient’s attorney has submitted a discovery request for the ePHI exposed in the breach.

What is the most significant reason that the U.S. Department of Health and Human Services (HHS) might impose a penalty on HealthCo?

A.

Because HealthCo did not require CloudHealth to implement appropriate physical and administrative measures to safeguard the ePHI

B.

Because HealthCo did not conduct due diligence to verify or monitor CloudHealth’s security measures

C.

Because HIPAA requires the imposition of a fine if a data breach of this magnitude has occurred

D.

Because CloudHealth violated its contract with HealthCo by not encrypting the ePHI

Question # 32

Under GLBA. which of these organizations would not be required to provide its customers with an annual privacy notice?

A.

An insurance company that has no privacy department

B.

An auction house that also acts as a financial institution

C.

A credit union that has made changes to its privacy notice from last year.

D.

A credit union that has not made changes to its privacy notice from last year

Question # 33

A California resident has created an account on your company ' s online food delivery platform and placed several orders in the past month Later she submits a data subject request to access her personal information under the California Privacy Rights Act.

Based on the CPRA. which of the following data elements would your company NOT have to provide to the requestor once her identity has been verified?

A.

Inferences made about the individual for the company s internal purposes

B.

The loyalty account number assigned through the individuals use of the services

C.

The time stamp for the creation of the individual ' s account in the platform ' s database.

D.

The email address submitted by the individual as part of the account registration process.

Question # 34

California’s SB 1386 was the first law of its type in the United States to do what?

A.

Require commercial entities to disclose a security data breach concerning personal information about the state’s residents

B.

Require notification of non-California residents of a breach that occurred in California

C.

Require encryption of sensitive information stored on servers that are Internet connected

D.

Require state attorney general enforcement of federal regulations against unfair and deceptive trade practices

Question # 35

What practice do courts commonly require in order to protect certain personal information on documents, whether paper or electronic, that is involved in litigation?

A.

Redaction

B.

Encryption

C.

Deletion

D.

Hashing

Question # 36

SCENARIO -

Please use the following to answer the next question:

Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department of Defense and other U.S. federal agencies. Jane ' s manager, Patrick, is a French citizen who has been living in California for over a decade. Patrick has recently begun to suspect that Jane is an insider secretly transmitting trade secrets to foreign intelligence. Unbeknownst to Patrick, the FBI has already received a hint from anonymous whistleblower, and jointly with the National Security Agency is investigating Jane ' s possible implication in a sophisticated foreign espionage campaign.

Ever since the pandemic, Jane has been working from home. To complete her daily tasks she uses her corporate laptop, which after each login conspicuously provides notice that the equipment belongs to Jones Labs and may be monitored according to the enacted privacy policy and employment handbook. Jane also has a corporate mobile phone that she uses strictly for business, the terms of which are defined in her employment contract and elaborated upon in her employee handbook. Both the privacy policy and the employee handbook are revised annually by a reputable California law firm specializing in privacy law. Jane also has a personal iPhone that she uses for private purposes only.

Jones Labs has its primary data center in San Francisco, which is managed internally by Jones Labs engineers. The secondary data center, managed by Amazon AWS, is physically located in the UK for disaster recovery purposes. Jones Labs ' mobile devices backup is managed by a mid-sized mobile defense company located in Denver, which physically stores the data in Canada to reduce costs. Jones Labs MS Office documents are securely stored in a Microsoft Office 365 data center based in Ireland. Manufacturing data of Jones Labs is stored in Taiwan and managed by a local supplier that has no presence in the U.S.

Before inspecting any GPS geolocation data from Jane ' s corporate mobile phone, Patrick should first do what?

A.

Obtain prior consent from Jane pursuant to the Telephone Consumer Protection Act

B.

Revise emerging workplace privacy best practices with a reputable advocacy organization.

C.

Obtain a subpoena from law enforcement, or a court order, directing Jones Labs to collect the GPS geolocation data.

D.

Ensure that such activity is permitted under Jane ' s employment contract or the company ' s employee privacy policy.

Question # 37

What privacy concept grants a consumer the right to view and correct errors on his or her credit report?

A.

Access.

B.

Notice.

C.

Action.

D.

Choice.

Question # 38

What is the most important action an organization can take to comply with the FTC position on retroactive changes to a privacy policy?

A.

Describing the policy changes on its website.

B.

Obtaining affirmative consent from its customers.

C.

Publicizing the policy changes through social media.

D.

Reassuring customers of the security of their information.

Question # 39

What is the most likely reason that states have adopted their own data breach notification laws?

A.

Many states have unique types of businesses that require specific legislation

B.

Many lawmakers believe that federal enforcement of current laws has not been effective

C.

Many types of organizations are not currently subject to federal laws regarding breaches

D.

Many large businesses have intentionally breached the personal information of their customers

Question # 40

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.

State the privacy policy to the patient verbally

B.

Post the privacy notice in a prominent location instead

C.

Direct patients to the correct area of the hospital website

D.

Confirm that patients are given the privacy notice on their first visit

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