[Aug-2021] Updated Certified Information Privacy Professional CIPP-US Exam Questions BUNDLE PACK
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NEW QUESTION 84
Under state breach notification laws, which is NOT typically included in the definition of personal information?
- A. Medical Information
- B. Social Security number
- C. First and last name
- D. State identification number
Answer: A
NEW QUESTION 85
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 86
Most states with data breach notification laws indicate that notice to affected individuals must be sent in the
"most expeditious time possible without unreasonable delay." By contrast, which of the following states currently imposes a definite limit for notification to affected individuals?
- A. New York
- B. Maine
- C. California
- D. Florida
Answer: D
Explanation:
Explanation/Reference: https://www.itgovernanceusa.com/data-breach-notification-laws
NEW QUESTION 87
Which of the following federal agencies does NOT enforce the Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA)?
- A. The Consumer Financial Protection Bureau
- B. The Federal Trade Commission
- C. The Office of the Comptroller of the Currency
- D. The Department of Health and Human Services
Answer: D
NEW QUESTION 88
Which entities must comply with the Telemarketing Sales Rule?
- A. For-profit and not-for-profit organizations when selling additional services to establish customers
- B. For-profit organizations calling businesses when a binding contract exists between them
- C. Nonprofit organizations calling on their own behalf
- D. For-profit organizations and for-profit telefunders regarding charitable solicitations
Answer: A
NEW QUESTION 89
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
Answer: B
NEW QUESTION 90
What privacy concept grants a consumer the right to view and correct errors on his or her credit report?
- A. Action.
- B. Notice.
- C. Choice.
- D. Access.
Answer: B
NEW QUESTION 91
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 Section: (none) Explanation
- C. State the privacy policy to the patient verbally
- D. Direct patients to the correct area of the hospital website
Answer: D
NEW QUESTION 92
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 what area does Larry have a misconception about private-sector employee rights?
- A. The applicability of federal law
- B. The strict nature of state law
- C. The definition of tort law
- D. The enforceability of local law
Answer: A
NEW QUESTION 93
SCENARIO
Please use the following to answer the next QUESTION
When there was a data breach involving customer personal and financial information at a large retail store, the company's directors were shocked. However, Roberta, a privacy analyst at the company and a victim of identity theft herself, was not. Prior to the breach, she had been working on a privacy program report for the executives. How the company shared and handled data across its organization was a major concern. There were neither adequate rules about access to customer information nor procedures for purging and destroying outdated dat a. In her research, Roberta had discovered that even low- level employees had access to all of the company's customer data, including financial records, and that the company still had in its possession obsolete customer data going back to the 1980s.
Her report recommended three main reforms. First, permit access on an as-needs-to-know basis. This would mean restricting employees' access to customer information to data that was relevant to the work performed. Second, create a highly secure database for storing customers' financial information (e.g., credit card and bank account numbers) separate from less sensitive information. Third, identify outdated customer information and then develop a process for securely disposing of it.
When the breach occurred, the company's executives called Roberta to a meeting where she presented the recommendations in her report. She explained that the company having a national customer base meant it would have to ensure that it complied with all relevant state breach notification laws. Thanks to Roberta's guidance, the company was able to notify customers quickly and within the specific timeframes set by state breach notification laws.
Soon after, the executives approved the changes to the privacy program that Roberta recommended in her report. The privacy program is far more effective now because of these changes and, also, because privacy and security are now considered the responsibility of every employee.
Which principle of the Consumer Privacy Bill of Rights, if adopted, would best reform the company's privacy program?
- A. Consumers have a right to easily accessible information about privacy and security practices.
- B. Consumers have a right to correct personal data in a manner that is appropriate to the sensitivity.
- C. Consumers have a right to exercise control over how companies use their personal data.
- D. Consumers have a right to reasonable limits on the personal data that a company retains.
Answer: D
NEW QUESTION 94
Based on the 2012 Federal Trade Commission report "Protecting Consumer Privacy in an Era of Rapid Change", which of the following directives is most important for businesses?
- A. Mitigating harm to consumers after a security breach.
- B. Announcing the tracking of online behavior for advertising purposes.
- C. Allowing consumers to opt in before collecting any data.
- D. Integrating privacy protections during product development.
Answer: A
NEW QUESTION 95
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
Answer: A
NEW QUESTION 96
Which of the following became the first state to pass a law specifically regulating the practices of data brokers?
- A. Washington.
- B. Vermont.
- C. New York.
- D. California.
Answer: B
Explanation:
Explanation
Explanation/Reference: https://www.natlawreview.com/article/ringing-2019-new-state-privacy-and-data-security-laws- impacting-data-brokers-and
NEW QUESTION 97
Which is an exception to the general prohibitions on telephone monitoring that exist under the U.S. Wiretap Act?
- A. Call center exception
- B. Inter-company communications exception
- C. Internet calls exception
- D. Ordinary course of business exception
Answer: D
NEW QUESTION 98
What important action should a health care provider take if the she wants to qualify for funds under the Health Information Technology for Economic and Clinical Health Act (HITECH)?
- A. Send health information and appointment reminders to patients electronically
- B. Bill the majority of patients electronically for their health care
- C. Keep electronic updates about the Health Insurance Portability and Accountability Act
- D. Make electronic health records (EHRs) part of regular care
Answer: D
NEW QUESTION 99
The U.S. Supreme Court has recognized an individual's right to privacy over personal issues, such as contraception, by acknowledging which of the following?
- A. Federal preemption of state constitutions that expressly recognize an individual right to privacy.
- B. The doctrine of stare decisis, which allows the U.S. Supreme Court to follow the precedent of previously decided case law.
- C. An interpretation of the U.S. Constitution's explicit definition of privacy that extends to personal issues.
- D. A "penumbra" of unenumerated constitutional rights as well as more general protections of due process of law.
Answer: D
NEW QUESTION 100
According to FERPA, when can a school disclose records without a student's consent?
- A. If the disclosure is to provide transcripts to a school where a student intends to enroll
- 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 not to be conducted through email to the third party
Answer: A
Explanation:
Explanation/Reference: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
NEW QUESTION 101
The rules for "e-discovery" mainly prevent which of the following?
- A. A conflict between business practice and technological safeguards
- B. The loss of information due to poor data retention practices
- C. A breach of an organization's data retention program
- D. The practice of employees using personal devices for work
Answer: B
NEW QUESTION 102
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 data loss prevention software on all employee computers to limit transmission of confidential company information.
- B. 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.
- C. An employer who records all employee phone calls that involve financial transactions with customers completed over the phone.
- 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 103
Which of the following is an example of federal preemption?
- A. The California Consumer Privacy Act (CCPA) regulating businesses that have no physical brick-and-mortal presence in California, but which do business there.
- B. The U.S. Federal Trade Commission's (FTC) ability to enforce against unfair and deceptive trade practices across sectors and industries.
- C. The Payment Card Industry's (PCI) ability to self-regulate and enforce data security standards for payment card data.
- D. The U.S. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act prohibiting states from passing laws that impose greater obligations on senders of email marketing.
Answer: B
NEW QUESTION 104
How did the Fair and Accurate Credit Transactions Act (FACTA) amend the Fair Credit Reporting Act (FCRA)?
- A. It increased the obligation of organizations to dispose of consumer data in ways that prevent unauthorized access
- B. It required employers to get an employee's consent in advance of requesting a consumer report for internal investigation purposes
- C. It stipulated the purpose of obtaining a consumer report can only be for a review of the employee's credit worthiness
- D. It expanded the definition of "consumer reports" to include communications relating to employee investigations
Answer: A
Explanation:
Section: (none)
Explanation
NEW QUESTION 105
A covered entity suffers a ransomware attack that affects the personal health information (PHI) of more than
500 individuals. According to Federal law under HIPAA, which of the following would the covered entity NOT have to report the breach to?
- A. The local media
- B. Medical providers
- C. Department of Health and Human Services
- D. The affected individuals
Answer: B
Explanation:
Explanation/Reference: https://www.hhs.gov/sites/default/files/RansomwareFactSheet.pdf (page 6)
NEW QUESTION 106
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 Federal Trade Commission Act (FTC Act)
- C. The U.S. Department of Health and Human Services (HHS)
- D. Amendments one, four, and five of the U.S. Constitution
Answer: A
Explanation:
Explanation/Reference: https://corporate.findlaw.com/law-library/right-to-privacy-in-the-workplace-in-the-information- age.html
NEW QUESTION 107
SCENARIO
Please use the following to answer the next QUESTION
When there was a data breach involving customer personal and financial information at a large retail store, the company's directors were shocked. However, Roberta, a privacy analyst at the company and a victim of identity theft herself, was not. Prior to the breach, she had been working on a privacy program report for the executives. How the company shared and handled data across its organization was a major concern. There were neither adequate rules about access to customer information nor procedures for purging and destroying outdated dat a. In her research, Roberta had discovered that even low- level employees had access to all of the company's customer data, including financial records, and that the company still had in its possession obsolete customer data going back to the 1980s.
Her report recommended three main reforms. First, permit access on an as-needs-to-know basis. This would mean restricting employees' access to customer information to data that was relevant to the work performed. Second, create a highly secure database for storing customers' financial information (e.g., credit card and bank account numbers) separate from less sensitive information. Third, identify outdated customer information and then develop a process for securely disposing of it.
When the breach occurred, the company's executives called Roberta to a meeting where she presented the recommendations in her report. She explained that the company having a national customer base meant it would have to ensure that it complied with all relevant state breach notification laws. Thanks to Roberta's guidance, the company was able to notify customers quickly and within the specific timeframes set by state breach notification laws.
Soon after, the executives approved the changes to the privacy program that Roberta recommended in her report. The privacy program is far more effective now because of these changes and, also, because privacy and security are now considered the responsibility of every employee.
Based on the problems with the company's privacy security that Roberta identifies, what is the most likely cause of the breach?
- A. Fraud involving credit card theft at point-of-service terminals.
- B. Unintended disclosure of information shared with a third party.
- C. Lost company property such as a computer or flash drive.
- D. Mishandling of information caused by lack of access controls.
Answer: D
NEW QUESTION 108
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