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IAPP CIPP-US certification provides a valuable opportunity for privacy professionals to enhance their knowledge and skills in privacy practices and regulations in the United States. With the growing importance of privacy protection in today's digital age, obtaining this certification can enhance the credibility and career prospects of professionals in the privacy industry.
The CIPP-US exam covers a broad range of topics such as privacy laws, regulations, and standards in the US, including the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA), and the Children's Online Privacy Protection Act (COPPA). CIPP-US Exam also assesses an individual's understanding of the privacy principles, ethical considerations, and best practices related to data protection and privacy compliance.
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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 tliehealth 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 teleheaith 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 privacy 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 MedAppsa If MedApps receives an access request under CCPAfrom a California-based app user, how should It handle the request?
A. MedApps should immediately begin deleting the user's data.
B. MedApps should provide the privacy notice in an easily readable format
C. MedApps should promptly forward the request to Miraculous for instructions on handling.
D. MedApps should decline the request because MedApps is not based In California.
Answer: C
Explanation:
Under the California Consumer Privacy Act (CCPA), businesses are required to respond to consumer requests for access, deletion, or information about how their data is processed. However, the responsibilities differ depending on whether the entity is acting as a business or a service provider under the CCPA.
Key CCPA Definitions:
* Business:
* The entity that determines the purposes and means of processing personal information.
* In this scenario, Miraculous Healthcare is the business because it determines how the app and its associated data are used to deliver healthcare services.
* Service Provider:
* The entity that processes personal information on behalf of the business pursuant to a contractual agreement.
* MedApps acts as a service provider because it is hosting and managing the app and the data on behalf of Miraculous Healthcare.
As a service provider, MedApps is restricted in how it can handle consumer data and must follow the instructions of the business (Miraculous Healthcare) for any data-related requests. Therefore, if MedApps receives an access or deletion request from a California-based user, it must forward the request to Miraculous Healthcare, which is responsible for determining how to respond in compliance with the CCPA.
Explanation of Options:
* A. MedApps should immediately begin deleting the user's data:This is incorrect because MedApps cannot act independently in responding to access or deletion requests under CCPA. As a service provider, it must follow the instructions of the business (Miraculous Healthcare).
* B. MedApps should provide the privacy notice in an easily readable format:This is irrelevant to the question. While providing a privacy notice in a readable format is a CCPA requirement, it does not address how to handle an access request.
* C. MedApps should decline the request because MedApps is not based in California:This is incorrect. CCPA applies to businesses and service providers that collect or process personal data of California residents, regardless of whether the entity itself is physically located in California.
* D. MedApps should promptly forward the request to Miraculous for instructions on handling:
This is correct. Under CCPA, service providers are required to cooperate with the business and must forward consumer requests to the business for guidance and action. MedApps' role as a service provider obligates it to defer to Miraculous Healthcare's instructions.
Relevant References from CIPP/US Materials:
* CCPA Section 1798.140(v): Defines a service provider and outlines its obligations to process personal information only on behalf of the business and in accordance with contractual terms.
* CCPA Section 1798.105(c): States that service providers are not required to delete personal information unless instructed to do so by the business.
* IAPP CIPP/US Certification Textbook: Discusses the roles of businesses and service providers under the CCPA and their respective responsibilities regarding consumer requests.
Practical Considerations:
Riya, as the Privacy Officer at Miraculous Healthcare, should ensure that the Business Associate Agreement (BAA) and any CCPA-specific contract provisions with MedApps clearly define:
* The process for handling consumer requests under CCPA.
* The requirement for MedApps to promptly notify and defer to Miraculous Healthcare for any such requests.
Conclusion:
MedApps, as a service provider, is not authorized to respond to CCPA access or deletion requests independently. It must forward the request to Miraculous Healthcare for instructions.
NEW QUESTION # 39
Federal laws establish which of the following requirements for collecting personal information of minors under the age of 13?
A. Affirmative consent from a minor's parent or guardian before collecting the minor's personal information online.
B. Implied consent from a minor's parent or guardian, or affirmative consent from the minor.
C. Implied consent from a minor's parent or guardian before collecting a minor's personal information online, such as when they permit the minor to use the internet.
D. Affirmative consent of a parent or guardian before collecting personal information of a minor offline (e.g., in person), which also satisfies any requirements for online consent.
Answer: A
Explanation:
The Children's Online Privacy Protection Act (COPPA) is a federal law that regulates the online collection and use of personal information from children under 13 years of age. COPPA requires operators of websites or online services that are directed to children, or that knowingly collect personal information from children, to obtain verifiable parental consent before collecting, using, or disclosing such information. Verifiable parental consent means any reasonable effort (taking into consideration available technology) to ensure that before personal information is collected from a child, the child's parent receives notice of the operator's information practices and consents to those practices. COPPA also imposes other obligations on operators, such as providing parents with access to their children's information, maintaining reasonable security measures, and limiting data retention.
NEW 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.
What is the most likely way that Declan might directly violate the Health Insurance Portability and Accountability Act (HIPAA)?
A. By being present when patients are checking in
B. By speaking to a patient without prior authorization
C. By following through with his plans for his upcoming paper
D. By ignoring the conversation about a potential breach
Answer: C
Explanation:
Declan might directly violate the HIPAA Privacy Rule by using John's name and personal health information (PHI) in his paper without his written authorization. The Privacy Rule protects the confidentiality of PHI that is created, received, maintained, or transmitted by a covered entity or its business associate. PHI includes any information that relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and that identifies the individual or for which there is a reasonable basis to believe can be used to identify the individual1. Declan, as a nursing assistant, is part of the covered entity's workforce and must comply with the Privacy Rule. He cannot disclose John's PHI to anyone, including his classmates or instructors, without John's authorization or a valid exception under the Privacy Rule. Even if he does not use John's full name, he may still reveal enough information to make John identifiable, such as his diagnosis, his father's condition, or his location. This would be an impermissible use and disclosure of PHI, and a potential HIPAA violation. Declan should either obtain John's written authorization to use his PHI in his paper, or de- identify the information according to the Privacy Rule's standards2. References:
* Summary of the HIPAA Privacy Rule
* Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
NEW QUESTION # 41
Which statute is considered part of U.S. federal privacy law?
A. The Fair Credit Reporting Act.
B. SB 1386.
C. The e-Privacy Directive.
D. The Personal Information Protection and Electronic Documents Act.
Answer: A
NEW QUESTION # 42
SCENARIO
Please use the following to answer the next QUESTION:
A US-based startup company is selling a new gaming application. One day, the CEO of the company receives an urgent letter from a prominent EU-based retail partner. Triggered by an unresolved complaint lodged by an EU resident, the letter describes an ongoing investigation by a supervisory authority into the retailer's data handling practices.
The complainant accuses the retailer of improperly disclosing her personal data, without consent, to parties in the United States. Further, the complainant accuses the EU-based retailer of failing to respond to her withdrawal of consent and request for erasure of her personal dat a. Your organization, the US-based startup company, was never informed of this request for erasure by the EU-based retail partner. The supervisory authority investigating the complaint has threatened the suspension of data flows if the parties involved do not cooperate with the investigation. The letter closes with an urgent request: "Please act immediately by identifying all personal data received from our company." This is an important partnership. Company executives know that its biggest fans come from Western Europe; and this retailer is primarily responsible for the startup's rapid market penetration.
As the Company's data privacy leader, you are sensitive to the criticality of the relationship with the retailer.
Upon review, the data privacy leader discovers that the Company's documented data inventory is obsolete. What is the data privacy leader's next best source of information to aid the investigation?
A. Reports on recent purchase histories
B. Database schemas held by the retailer
C. Interviews with key marketing personnel
D. Lists of all customers, sorted by country
Answer: D
NEW QUESTION # 43
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