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IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q191-Q196):

NEW QUESTION # 191
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 separatenotification to individuals in the state of New York.
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: B

Explanation:
The correct answer is C. 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. Under the Health Insurance Portability and Accountability Act (HIPAA), SMH is required to notify the Office of Civil Rights (OCR) and the affected individuals of a data breach involving unsecured protected health information (PHI) within 60 days of discovery1. However, HIPAA does not preempt state laws that provide greater protection to individuals or impose additional obligations on covered entities2. Therefore, SMH must also comply with the state breach notification laws of the states where it operates, including New York.
According to the New York State Information Security Breach and Notification Act, any person or business that owns or licenses computerized data that includes private information of a resident of New York must disclose any breach of the security of the system to such resident in the most expedient time possible and without unreasonable delay, unless the exposure of the private information was inadvertent and unlikely to result in misuse or financial harm3. Private information includes personal information (such as name, number, or other identifier) plus one or more of the following data elements: social security number; driver's license number or non-driver identification card number; account number, credit or debit card number, in combination with any required security code, access code, password or other information that would permit access to an individual's financial account; biometric information; or a user name or e-mail address in combination with a password or security question and answer that would permit access to an online account3.
Therefore, if SMH's data breach involved any of these data elements of New York residents, SMH must notify them of the breach, regardless of whether SMH is compliant with HIPAA, has more than 500 patients in New York, or offers credit monitoring services. SMH must also notify the New York Attorney General, the Department of State, and the Division of State Police within 10 days of notifying the affected individuals3. Additionally, SMH must notify the New York Department of Health if the breach involved electronic health records4.
References: https://www.pdpc.gov.sg/-/media/Files/PDPC/PDF-Files/Other-Guides/Guide-on-Managing-and-No
https://www.pcpd.org.hk/english/resources_centre/publications/files/guidance_note_dbn_e.pdf

NEW QUESTION # 192
Which of the following is most likely to provide privacy protection to private-sector employees in the United States?

A. The Federal Trade Commission Act (FTC Act)
B. The U.S. Department of Health and Human Services (HHS)
C. Amendments one, four, and five of the U.S. Constitution
D. State law, contract law, and tort law

Answer: D

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 # 193
A law enforcement subpoenas the ACME telecommunications company for access to text message records of a person suspected of planning a terrorist attack. The company had previously encrypted its text message records so that only the suspect could access this data.
What law did ACME violate by designing the service to prevent access to the information by a law enforcement agency?

A. USA Freedom Act
B. CALEA
C. SCA
D. ECPA

Answer: B

Explanation:
The law that ACME violated by designing the service to prevent access to the information by a law enforcement agency is the Communications Assistance for Law Enforcement Act (CALEA)1. CALEA is a federal law that requires telecommunications carriers and manufacturers of telecommunications equipment to design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities to comply with legal requests for interception of communications2. CALEA applies to all commercial messages, including text messages, and gives law enforcement agencies the authority to subpoena the records of such communications from the service providers3. By encrypting its text message records so that only the suspect could access this data, ACME violated CALEA's duty to cooperate in the interception of communications for law enforcement purposes. References: 1: Communications Assistance for Law Enforcement Act - Wikipedia2: Home | CALEA | The Commission on Accreditation for Law Enforcement Agencies, Inc.3: Communications Assistance for Law Enforcement Act : IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 6: Law Enforcement and National Security Access, p.
177

NEW QUESTION # 194
What is an exception to the Electronic Communications Privacy Act of 1986 ban on interception of wire, oral and electronic communications?

A. Where one of the parties has given consent
B. If an organization intercepts an employee's purely personal call
C. Only if all parties have given consent
D. Where state law permits such interception

Answer: A

Explanation:
The Electronic Communications Privacy Act of 1986 (ECPA) is a federal law that regulates the privacy of wire, oral, and electronic communications. The ECPA prohibits the intentional interception, use, or disclosure of such communications, unless authorized by law or by the consent of one of the parties to the communication12. The ECPA also provides exceptions for certain types of communications, such as those made in the normal course of business, those made for law enforcement purposes, or those made for foreign intelligence purposes12.
One of the exceptions to the ECPA ban on interception is where one of the parties has given consent. This means that if a person who is a party to a communication agrees to have it intercepted, the interception is lawful under the ECPA. Consent can be express or implied, depending on the circumstances and the expectations of the parties3. For example, if a person calls a customer service line and hears a recorded message that the call may be monitored or recorded, the person has impliedly consented to the interception of the call. However, if a person calls a friend and does not know that the friend has a third party listening in on the call, the person has not consented to the interception of the call.
References: 1: Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2523 2: [IAPP CIPP/US Study Guide], Chapter 8, Section 8.2.1. 3: [Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations], pp. 77-78.

NEW QUESTION # 195
What is the main purpose of the Global Privacy Enforcement Network?

A. To investigate allegations of privacy violations internationally
B. To protect the interests of privacy consumer groups worldwide
C. To promote universal cooperation among privacy authorities
D. To arbitrate disputes between countries over jurisdiction for privacy laws

Answer: C

Explanation:
Explanation/Reference: https://en.wikipedia.org/wiki/Global_Privacy_Enforcement_Network

NEW QUESTION # 196
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100% Pass IAPP - Trustable CIPP-US - New Certified Information Privacy Professional/United States (CIPP/US) Exam Test

IAPP CIPP-US Exam | New CIPP-US Exam Test - Help you Pass CIPP-US Exam for Sure

IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q191-Q196):

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