[Nov 18, 2022] CIPP-US Ultimate Study Guide - Pass4training
Ultimate Guide to Prepare CIPP-US Certification Exam for Certified Information Privacy Professional in 2022
NEW QUESTION 81
Which federal agency plays a role in privacy policy, but does NOT have regulatory authority?
- A. The Department of Commerce.
- B. The Department of Transportation.
- C. The Office of the Comptroller of the Currency.
- D. The Federal Communications Commission.
Answer: B
NEW QUESTION 82
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.
In regard to telemarketing practices, Evan the supervisor has a misconception regarding?
- A. The wishes of recipients who request callbacks
- B. The right to monitor calls for quality assurance
- C. The relationship of state law to federal law
- D. The conditions under which recipients can opt out
Answer: A
NEW QUESTION 83
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 would not reveal a student's student identification number
- D. If the disclosure is to provide transcripts to a school where a student intends to enroll
Answer: D
NEW QUESTION 84
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 effective kind of training CloudHealth could have given its employees to help prevent this type of data breach?
- A. Training on the difference between confidential and non-public information
- B. Training on the terms of the contractual agreement with HealthCo
- C. Training on CloudHealth's HR policy regarding the role of employees involved data breaches
- D. Training on techniques for identifying phishing attempts
Answer: D
NEW QUESTION 85
In a case of civil litigation, what might a defendant who is being sued for distributing an employee's private information face?
- A. A jail sentence.
- B. Criminal fines.
- C. An injunction.
- D. Probation.
Answer: C
NEW QUESTION 86
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. Confirm that patients are given the privacy notice on their first visit
- B. Direct patients to the correct area of the hospital website
- C. Post the privacy notice in a prominent location instead
- D. State the privacy policy to the patient verbally
Answer: B
Explanation:
Section: (none)
Explanation
NEW QUESTION 87
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 Question:s about my opinions."
"Let me see," Matt said, and began reading the list of Question:s 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 who took 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 Question:s 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. Consumer Bill of Rights.
- B. Investigative Consumer Reporting Agencies Act.
- C. Red Flag Rules.
- D. Unfair and Deceptive Acts and Practices laws.
Answer: D
NEW QUESTION 88
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.
Answer: B
NEW QUESTION 89
Which of the following types of information would an organization generally NOT be required to disclose to law enforcement?
- A. Information about workspace injuries under OSHA requirements
- B. Money laundering information under the Bank Secrecy Act of 1970
- C. Personal health information under the HIPAA Privacy Rule
- D. Information about medication errors under the Food, Drug and Cosmetic Act
Answer: C
NEW QUESTION 90
Which action is prohibited under the Electronic Communications Privacy Act of 1986?
- A. Monitoring all employee telephone calls
- B. Intercepting electronic communications and unauthorized access to stored communications
- C. Monitoring employee telephone calls of a personal nature
- D. Accessing stored communications with the consent of the sender or recipient of the message
Answer: B
NEW QUESTION 91
Which of the following would NOT constitute an exception to the authorization requirement under the HIPAA Privacy Rule?
- A. Disclosing health information for public health activities.
- B. Disclosing health information needed to treat a medical emergency.
- C. Disclosing health information needed to pay a third party billing administrator.
- D. Disclosing health information to file a child abuse report.
Answer: B
Explanation:
Section: (none)
Explanation
NEW QUESTION 92
Although an employer may have a strong incentive or legal obligation to monitor employees' conduct or behavior, some excessive monitoring may be considered an intrusion on employees' privacy? Which of the following is the strongest example of excessive monitoring by the employer?
- A. An employer who installs a video monitor in physical locations, such as a warehouse, to ensure employees are performing tasks in a safe manner and environment.
- B. An employer who records all employee phone calls that involve financial transactions with customers completed over the phone.
- C. An employer who installs data loss prevention software on all employee computers to limit transmission of confidential company information.
- D. An employer who installs video monitors in physical locations, such as a changing room, to reduce the risk of sexual harassment.
Answer: D
NEW QUESTION 93
Acme Student Loan Company has developed an artificial intelligence algorithm that determines whether an individual is likely to pay their bill or default. A person who is determined by the algorithm to be more likely to default will receive frequent payment reminder calls, while those who are less likely to default will not receive payment reminders.
Which of the following most accurately reflects the privacy concerns with Acme Student Loan Company using artificial intelligence in this manner?
- A. If the algorithm uses information about protected classes to make automated decisions, Acme must ensure that the algorithm does not have a disparate impact on protected classes in the output.
- B. If the algorithm uses risk factors that impact the automatic decision engine. Acme must ensure that the algorithm does not have a disparate impact on protected classes in the output.
- C. If the algorithm's methodology is disclosed to consumers, then it is acceptable for Acme to have a disparate impact on protected classes.
- D. If the algorithm makes automated decisions based on risk factors and public information, Acme need not determine if the algorithm has a disparate impact on protected classes.
Answer: D
Explanation:
Explanation/Reference: https://www.ftc.gov/news-events/blogs/business-blog/2020/04/using-artificial-intelligence-algorithms
NEW QUESTION 94
What type of material is exempt from an individual's right to disclosure under the Privacy Act?
- A. Material used to determine potential collaboration with foreign governments in negotiation of trade deals.
- B. Material reporting investigative efforts to prevent unlawful persecution of an individual.
- C. Material requires by statute to be maintained and used solely for research purposes.
- D. Material reporting investigative efforts pertaining to the enforcement of criminal law.
Answer: A
NEW QUESTION 95
Which of the following is commonly required for an entity to be subject to breach notification requirements under most state laws?
- A. The entity must conduct business in the state
- B. The entity must be registered in the state
- C. The entity must be an information broker
- D. The entity must have employees in the state
Answer: A
NEW QUESTION 96
Which federal act does NOT contain provisions for preempting stricter state laws?
- A. The Fair and Accurate Credit Transactions Act (FACTA)
- B. The CAN-SPAM Act
- C. The Children's Online Privacy Protection Act (COPPA)
- D. The Telemarketing Consumer Protection and Fraud Prevention Act
Answer: D
NEW QUESTION 97
What is the main purpose of the CAN-SPAM Act?
- A. To ensure that organizations respect individual rights when using electronic advertising
- B. To diminish the use of electronic messages to send sexually explicit materials
- C. To authorize the states to enforce federal privacy laws for electronic marketing
- D. To empower the FTC to create rules for messages containing sexually explicit content
Answer: A
NEW QUESTION 98
When may a financial institution share consumer information with non-affiliated third parties for marketing purposes?
- A. After disclosing information-sharing practices to customers and after giving them an opportunity to opt out.
- B. After disclosing marketing practices to customers and after giving them an opportunity to opt in.
- C. After disclosing information-sharing practices to customers and after giving them an opportunity to opt in.
- D. After disclosing marketing practices to customers and after giving them an opportunity to opt out.
Answer: A
NEW QUESTION 99
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 would not reveal a student's student identification number
- D. If the disclosure is to provide transcripts to a school where a student intends to enroll
Answer: D
Explanation:
Explanation/Reference: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
NEW QUESTION 100
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. Being more closely scrutinized for any breaches of policy
- B. Attracting skepticism from auditors
- C. Having a security system failure
- D. Getting accused of discriminatory practices
Answer: A
NEW QUESTION 101
Privacy Is Hiring Inc., a CA-based company, is an online specialty recruiting firm focusing on placing privacy professionals in roles at major companies. Job candidates create online profiles outlining their experience and credentials, and can pay $19.99/month via credit card to have their profiles promoted to potential employers. Privacy Is Hiring Inc. keeps all customer data at rest encrypted on its servers.
Under what circumstances would Privacy Is Hiring Inc., need to notify affected individuals in the event of a data breach?
- A. If the personal information stolen included the individuals' names and credit card pin numbers.
- B. If law enforcement has completed its investigation and has authorized Privacy Is Hiring Inc. to provide the notification to clients and applicable regulators.
- C. If Privacy Is Hiring Inc., reasonably believes that job candidates will be harmed by the data breach.
- D. If the job candidates' credit card information and the encryption keys were among the information taken.
Answer: A
NEW QUESTION 102
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 types of organizations are not currently subject to federal laws regarding breaches
- C. Many large businesses have intentionally breached the personal information of their customers
- D. Many lawmakers believe that federal enforcement of current laws has not been effective
Answer: D
NEW QUESTION 103
Which of these organizations would be required to provide its customers with an annual privacy notice?
- A. The Golden Gavel Auction House.
- B. The King County Savings and Loan.
- C. The Breezy City Housing Commission.
- D. The Four Winds Tribal College.
Answer: A
NEW QUESTION 104
All of the following organizations are specified as covered entities under the Health Insurance Portability and Accountability Act (HIPAA) EXCEPT?
- A. Healthcare providers
- B. Health plans
- C. Healthcare information clearinghouses
- D. Pharmaceutical companies
Answer: D
NEW QUESTION 105
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