EXAMCOLLECTION CIPP-US VCE IS VALID TO PASS CERTIFIED INFORMATION PRIVACY PROFESSIONAL/UNITED STATES (CIPP/US)

Examcollection CIPP-US Vce Is Valid to Pass Certified Information Privacy Professional/United States (CIPP/US)

Examcollection CIPP-US Vce Is Valid to Pass Certified Information Privacy Professional/United States (CIPP/US)

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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q142-Q147):

NEW QUESTION # 142
A student has left high school and is attending a public postsecondary institution. Under what condition may a school legally disclose educational records to the parents of the student without consent?

  • A. If the student has not yet turned 18 years of age
  • B. If the student is still a dependent for tax purposes
  • C. If the student has applied to transfer to another institution
  • D. If the student is in danger of academic suspension

Answer: B


NEW QUESTION # 143
Which of the following conditions would NOT be sufficient to excuse an entity from providing breach notification under state law?

  • A. If the entity followed internal notification procedures compatible with state law.
  • B. If the data involved was encrypted.
  • C. If the entity was subject to the GLBA Safeguards Rule.
  • D. If the data involved was accessed but not exported.

Answer: D

Explanation:
Most state breach notification laws require entities to notify affected individuals and/or regulators when there is unauthorized access to or acquisition of personal information that compromises its security, confidentiality, or integrity. However, some states provide exceptions to this requirement under certain conditions, such as:
* If the data involved was encrypted or otherwise rendered unreadable or unusable, and the encryption key or other means of access was not compromised. This is based on the assumption that encrypted data is not accessible to unauthorized parties, even if they obtain the data.
* If the entity was subject to and complied with another federal or state law that provides similar or greater protection and notification requirements, such as the GLBA Safeguards Rule or the HIPAA Breach Notification Rule. This is to avoid duplication or inconsistency of obligations for entities that are already regulated by other laws.
* If the entity conducted a risk assessment and determined that there is no reasonable likelihood of harm to the affected individuals, based on factors such as the nature and extent of the data, the circumstances of the breach, the evidence of misuse, and the ability to mitigate the risk. This is to allow entities to exercise some discretion and judgment in evaluating the potential impact of the breach.
However, none of the state laws provide an exception for the mere access of data without exportation. Access alone is considered a breach that triggers the notification requirement, unless one of the other conditions applies. Therefore, option B is not a sufficient excuse for not providing breach notification under state law.
References:
* [IAPP CIPP/US Study Guide], Chapter 9: State Data Security Laws, pp. 209-211.
* CIPP/US Practice Questions (Sample Questions), Question 29.


NEW QUESTION # 144
Which statement is FALSE regarding the provisions of the Employee Polygraph Protection Act of 1988 (EPPA)?

  • A. Employers involved in the manufacture of controlled substances may terminate employees based on polygraph results if other evidence exists.
  • B. Employers are prohibited from administering psychological testing based on personality traits such as honesty, preferences or habits.
  • C. The EPPA includes an exception that allows polygraph tests in professions in which employee honesty is necessary for public safety.
  • D. The EPPA requires that employers post essential information about the Act in a conspicuous location.

Answer: B

Explanation:
Section: (none)
Explanation


NEW QUESTION # 145
SCENARIO
Please use the following to answer the next QUESTION
Matt went into his son's bedroom one evening and found him stretched out on his bed typing on his laptop.
"Doing your homework?" Matt asked hopefully.
"No," the boy said. "I'm filling out a survey."
Matt looked over his son's shoulder at his computer screen. "What kind of survey?" "It's asking questions about my opinions."
"Let me see," Matt said, and began reading the list of questions that his son had already answered.
"It's asking your opinions about the government and citizenship. That's a little odd. You're only ten." Matt wondered how the web link to the survey had ended up in his son's email inbox. Thinking the message might have been sent to his son by mistake he opened it and read it. It had come from an entity called the Leadership Project, and the content and the graphics indicated that it was intended for children. As Matt read further he learned that kids whotook the survey were automatically registered in a contest to win the first book in a series about famous leaders.
To Matt, this clearly seemed like a marketing ploy to solicit goods and services to children. He asked his son if he had been prompted to give information about himself in order to take the survey. His son told him he had been asked to give his name, address, telephone number, and date of birth, and to answer questions about his favorite games and toys.
Matt was concerned. He doubted if it was legal for the marketer to collect information from his son in the way that it was. Then he noticed several other commercial emails from marketers advertising products for children in his son's inbox, and he decided it was time to report the incident to the proper authorities.
Depending on where Matt lives, the marketer could be prosecuted for violating which of the following?

  • A. Red Flag Rules.
  • B. Investigative Consumer Reporting Agencies Act.
  • C. Consumer Bill of Rights.
  • D. Unfair and Deceptive Acts and Practices laws.

Answer: D

Explanation:
The marketer could be prosecuted for violating the Unfair and Deceptive Acts and Practices (UDAP) laws, which are enforced by the Federal Trade Commission (FTC) and state attorneys general. UDAP laws prohibit businesses from engaging in unfair or deceptive practices that harm consumers, such as false advertising, misleading claims, or hidden fees. In this scenario, the marketer could be accused of deceiving children into providing personal information and preferences under the guise of a survey and a contest, without obtaining verifiable parental consent or disclosing how the information will be used or shared. This could also violate the Children's Online Privacy Protection Act (COPPA), which is a federal law that regulates the online collection and use of personal information from children under 13 years of age. References:
* [IAPP CIPP/US Study Guide], Chapter 5: Enforcement of Privacy and Security, pp. 177-178.
* IAPP CIPP/US Body of Knowledge, Section II: Limits on Private-sector Collection and Use of Data, Subsection A: Government and Court Access to Private-sector Information, Topic 2: Unfair and Deceptive Trade Practices.
* IAPP CIPP/US Practice Questions, Question 27.


NEW QUESTION # 146
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 telehealth 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 telehealth 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 pnvacy 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 Which of the following would accurately describe the relationship of the parties if they enter into a contract for use of the app?

  • A. Miraculous Healthcare would be a covered entity because it is the healthcare provider; MedApps would also be a covered entity because the data in the app is being shared with it.
  • B. Miraculous Healthcare would be the covered entity because it is the healthcare provider; MedApps would be a business associate because it is providing a service to support Miraculous.
  • C. Miraculous Healthcare would be the covered entity because Us name and branding are on the app.
    MedApps would be a business associate because it Is hosting the data that supports the app
  • D. MedApps would be the covered entity because it built and hosts the app and all the data. Miraculous Healthcare would be a business associate because it only provides its brand on the app.

Answer: B

Explanation:
Under the Health Insurance Portability and Accountability Act (HIPAA), entities involved in the handling of protected health information (PHI) are classified as either covered entities or business associates based on their roles and activities.
Definitions Under HIPAA:
* Covered Entity (CE):
* A healthcare provider, health plan, or healthcare clearinghouse that creates, receives, maintains, or transmits PHI.
* Miraculous Healthcare qualifies as a covered entity because it is a medical practice directly providing healthcare services to patients.
* Business Associate (BA):
* An organization or individual that performs functions, activities, or services involving the use or disclosure of PHI on behalf of a covered entity.
* MedApps qualifies as a business associate because it is providing a telehealth app service to Miraculous, which involves hosting and maintaining PHI (e.g., appointment details, patient information).
Analysis of the Relationship:
* Miraculous Healthcare: As the healthcare provider, it is responsible for patient care and compliance with HIPAA. Since it directly provides healthcare services to patients, it is the covered entity in this scenario.
* MedApps: Although MedApps designed, hosts, and supports the telehealth app, it is providing these services on behalf of Miraculous Healthcare. As such, MedApps is a business associate under HIPAA.
This designation requires MedApps to comply with HIPAA regulations through a Business Associate Agreement (BAA), ensuring that it appropriately safeguards the PHI it handles on behalf of Miraculous Healthcare.
Consideration of the Benchmarking Service:
The optional benchmarking service also reinforces MedApps' role as a business associate. Miraculous Healthcare would need to assess whether the PHI uploaded for benchmarking meets HIPAA's minimum necessary standard and that MedApps implements appropriate safeguards for PHI used for benchmarking. The BAA would need to address these specific uses.
Explanation of Options:
* A. Miraculous Healthcare would be the covered entity because its name and branding are on the app. MedApps would be a business associate because it is hosting the data that supports the app:
While this is close, it oversimplifies the reasoning by focusing solely on branding. The covered entity designation is determined by the healthcare services provided, not just branding.
* B. MedApps would be the covered entity because it built and hosts the app and all the data.
Miraculous Healthcare would be a business associate because it only provides its brand on the app: This is incorrect because MedApps is not directly providing healthcare services. Hosting and maintaining PHI does not make it a covered entity but rather a business associate.
* C. Miraculous Healthcare would be a covered entity because it is the healthcare provider; MedApps would also be a covered entity because the data in the app is being shared with it: This is incorrect because MedApps does not independently provide healthcare services to patients. Its role is solely as a service provider to Miraculous.
* D. Miraculous Healthcare would be the covered entity because it is the healthcare provider; MedApps would be a business associate because it is providing a service to support Miraculous:
This is the correct answer. Miraculous is the covered entity, and MedApps, by hosting the telehealth app and handling PHI on Miraculous' behalf, is a business associate.
References from CIPP/US Materials:
* HIPAA Privacy Rule (45 CFR § 160.103): Defines covered entities and business associates.
* Business Associate Agreements (BAAs): HIPAA requires a BAA between covered entities and business associates to ensure PHI is appropriately protected.
* IAPP CIPP/US Certification Textbook: Provides detailed examples of covered entities and business associates, along with their roles and responsibilities under HIPAA.


NEW QUESTION # 147
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