Domain 6: Legal, Risk, and Compliance Flashcards
(100 cards)
Your company is considering migrating its production environment to the cloud. In reviewing the proposed contract, you notice that it includes a clause that requires an additional fee, equal to six monthly payments (equal to half the term of the contract) for ending the contract at any point prior to the scheduled date. This is best described as an example of
_________________.
A. Favorable contract terms
B. Strong negotiation
C. Infrastructure as a service (IaaS)
D. Vendor lock-in
Answer: D. Vendor lock-in
Vendor lock-in occurs when the customer is dissuaded from leaving a provider, even when that is the best decision for the customer.
These contract terms can be described as favorable only from the provider’s perspective; option D is preferable to option A for describing this situation. There was no description of negotiation included in the question; option B is incorrect. IaaS is a service model and doesn’t really apply to anything in this context; option C is incorrect.
Cathy is developing an eDiscovery program to help her organization formalize its compliance with legal hold obligations. She would like to use an industry standard to guide her toward best practices. What standard should she consider using for this work?
A. ISO 27001
B. ISO 27002
C. ISO 27050
D. ISO 27701
Answer: C. ISO 27050
ISO 27050 is an industry standard that provides guidance for eDiscovery programs. ISO 27001 and ISO 27002 provide industry-standard control objectives and control suggestions for cybersecurity. ISO 27701 provides industry standard guidance for information privacy programs.
In regard to most privacy guidance, the data processor is _________________.
A. The individual described by the personally identifiable information (PII).
B. The entity that collects or creates the personally identifiable information (PII).
C. The entity that uses personally identifiable information (PII) on behalf of the controller.
D. The entity that regulates personally identifiable information (PII).
Answer: C. The entity that uses personally identifiable information (PII) on behalf of the controller.
The entity that uses the data on behalf of the owner/controller is a data processor. The data subject is the person whom the personally identifiable information (PII) describes. The entity that collects or creates the PII is the data owner or controller. Entities that regulate the use of PII are regulators.
Your company is defending itself during a civil trial for a breach of contract case. Personnel from your IT department have performed a forensic analysis on event logs that reflect the circumstances related to the case. For your personnel to present the evidence they collected during forensic analysis as expert witnesses, you should ensure that _________________.
A. Their testimony is scripted, and they do not deviate from the script
B. They present only evidence that is favorable to your side of the case
C. They are trained and certified in the tools they used.
D. They are paid for their time while they are appearing in the courtroom
Answer: C. They are trained and certified in the tools they used.
In order to deliver credible, believable expert testimony, it’s important that your personnel have more than an amateur’s understanding and familiarity with any forensic tools they use to perform analysis. Formal training and certification are excellent methods for creating credibility.
Scripting testimony is usually frowned on by the court; coaching witnesses how to perform and what to expect in court is all right, but it does not lead to credibility. Option A is incorrect. Your expert witnesses are not allowed to withhold any evidence from their testimony if it is pertinent to the case, even if that evidence aids the other side. Option B is incorrect.
You should pay your employees for their time, regardless of whether they’re performing on
the job site or in a courtroom, but this has nothing to do with enhancing credibility. Option D is incorrect.
After conducting a qualitative risk assessment of her organization, Prisha decides to recommend adding a new module to the firewall that will filter out inbound malware. What type of risk response behavior is she recommending?
A. Accept
B. Transfer
C. Reduce
D. Reject
Answer: C. Reduce
Deploying a firewall is a risk mitigation strategy designed to reduce the likelihood or impact of the risk. If Prisha suggested that the organization simply continue to function as-is, that would be risk acceptance.
Risk transference would shift the risk to a third-party, such as an insurance provider. Rejection, or denial of the risk, is not a valid strategy, even though it occurs!
Nora is an employee of Acme Widgets and works on a team of auditors who examine the organization’s financial controls. She is currently working on a project to evaluate whether payments to cloud providers are proper and will be reporting her results to management.
What term best describes Nora’s role in this project?
A. Internal assessment
B. External audit
C. Internal audit
D. External assessment
Answer: C. Internal audit
Nora is an employee of the organization, so her work is clearly internal in nature. External work is performed by independent third parties. Nora is an auditor, and she is testing the effectiveness of controls, so her work is within the scope of a formal audit, rather than an informal assessment. Therefore, this project should be described as an internal audit.
Carla is assigned to manage her organization’s privacy program and is working to communicate to customers about a change in the organization’s privacy practices. She plans to send an email notifying customers of the change and allowing them to opt out of the use of their data. Which GAPP principle is not described in this scenario?
A. Notice
B. Management
C. Access
D. Choice and Consent
Answer: C. Access
Carla is assigned as the manager of her organization’s privacy program. This assignment is an example of the GAPP principle of Management. She is communicating about a change in privacy practices to her customers, which is an example of Notice. She is also offering
those customers the opportunity to opt out of the use of their data. This is an example of the principle of Choice and Consent. It is important to note that consent does not need to be explicit and done on an opt-in basis. Opt-out, implicit consent also satisfies this principle. The principle of Access says that individuals should be able to review and update their personal information. There is no description of Access in this scenario.
You’re a medical student at a private research university in the midwestern United States; you make your tuition payments directly from your bank account via a debit card. Which of the following laws and standards will not be applicable to you, your personal data, or the data you work with as a student?
A. Sarbanes–Oxley Act (SOX)
B. Health Information Portability and Accountability Act (HIPAA)
C. Payment Card Industry Data Security Standards (PCI DSS)
D. Family Educational Rights and Privacy Act (FERPA)
Answer: A. Sarbanes–Oxley Act (SOX)
SOX is only applicable to publicly traded corporations, not all companies. HIPAA may be applicable to the data you work with as a medical student if you work with patient data. Your payment and personal data are governed by PCI DSS. FERPA protects your personal student information.
Rolando is a risk manager with a large-scale cloud service provider. The firm recently evaluated the risk of California mudslides on its operations in the region and determined that the cost of responding outweighed the benefits of any controls it could implement. The company chose to take no action at this time. What risk management strategy did Rolando’s organization pursue?
A. Risk avoidance
B. Risk mitigation
C. Risk transference
D. Risk acceptance
Answer: D. Risk acceptance
In a risk acceptance strategy, the organization decides that taking no action is the most beneficial route to managing a risk.
Yolanda is the chief privacy officer for a financial institution and is researching privacy requirements related to customer checking accounts. Which one of the following laws is most likely to apply to this situation?
A. GLBA
B. SOX
C. HIPAA
D. FERPA
Answer: A. GLBA
The Gramm–Leach–Bliley Act (GLBA) contains provisions regulating the privacy of customer financial information. It applies specifically to financial institutions.
Bill is conducting an audit of a cloud provider under the SSAE and ISAE standards. During the audit, he discovers that some records required to complete one of his tests were accidentally destroyed and are not recoverable. There are no alternative tests available for this control objective. What action should Bill take?
A. Describe the limitation in the audit scope statement.
B. Postpone the audit for one year until adequate records are available.
C. Issue a failing audit report.
D. Remove this test from the audit and test a different control objective instead.
**Answer: A. Describe the limitation in the audit scope statement. **
The proper course of action when records are not available is to write a statement of scope limitation that describes the issue and the impact on the audit. Bill could have avoided this by performing an alternative test of the same control objective, but the scenario says this is not possible
Which of the following is not a way in which an entity located outside the European Union (EU) can be allowed to gather and process privacy data belonging to EU citizens?
A. Be located in a country with a nationwide law that complies with the EU laws.
B. Appeal to the EU High Court for permission.
C. Create binding contractual language that complies with the EU laws.
D. Join the Privacy Shield program in its own country.
**Answer: B. Appeal to the EU High Court for permission. **
The General Data Protection Regulation prohibits entities within a country that has no nationwide privacy law from gathering or processing privacy data belonging to EU citizens. Entities can be allowed to do so if the following conditions are met:
(1) Their own country has nationwide laws that comply with the EU laws.
(2) The entity creates contractual language that complies with the EU laws and has that language approved by each EU country from which the entity wishes to gather citizen data.
(3) The entity voluntarily subscribes to its own nation’s Privacy Shield program (assuming that program is found acceptable by the EU authorities).
There is no process for the entity to appeal to the EU for permission to do so, however.
Which type of business impact assessment tool is most appropriate when attempting to evaluate the impact of a failure on customer confidence?
A. Quantitative
B. Qualitative
C. Annualized loss expectancy
D. Reduction
Answer: B. Qualitative
Qualitative tools are often used in business impact assessment to capture the impact on intangible factors such as customer confidence, employee morale, and reputation.
An audit against the _________________ will demonstrate that an organization has a holistic, comprehensive program of internal security controls.
A. Statement on Auditing Standards (SAS) 70 standard
B. Statement on Standards for Attestation Engagements (SSAE) 18 standard
C. Service Organization Control (SOC) 2, Type 2 report matrix
D. ISO 27001 certification requirements
Answer: D. ISO 27001 certification requirements
The ISO 27001 certification is for the information security management system (ISMS), the organization’s entire security program.
The SAS 70 and SSAE 18 are audit standards for service providers and include some review of security controls, but not a cohesive program (and the SAS 70 is outdated); options A and B are not correct. The SOC reports are how SSAE 18 audits are conducted; option C is incorrect.
An IT security audit is designed to reveal all of the following except _________________.
A. Financial fraud
B. Malfunctioning controls
C. Inadequate controls
D. Failure to meet target standards and guidelines
Answer: A. Financial fraud
n IT security audit is not intended to locate financial fraud; it may, however, lead to such revelations unintentionally. There are specific other audits that exist for this purpose. All the other options are incorrect because they are intended goals for IT security audits.
During an IT audit, the CEO of a cloud provider demands regular updates on the testing process. How should auditors respond to this demand?
A. Refuse to provide the CEO with any information until the conclusion of the audit.
B. Refer the matter to the client’s Board of Directors.
C. Provide the CEO with regular updates.
D. Refer the matter to the audit firm’s partnership review board
Answer: C. Provide the CEO with regular updates.
It is entirely appropriate to engage stakeholders during the audit process. While the CEO may be demanding information in a rude manner, that does not mean that they are not an important stakeholder. The audit team should carefully engage the CEO and keep them engaged throughout the audit process. The matter only needs to be referred to other authorities if the CEO makes improper requests.
Which of the following is a U.S. audit standard often used to evaluate cloud providers?
A. ISO 27001
B. SOX
C. SSAE 18
D. IEC 43770
Answer: C. SSAE 18
The Statement on Standards for Attestation Engagements (SSAE) 18 is the current AICPA
(American Institute of Certified Public Accountants) audit standard.
ISO 27001 is an international audit standard.
The Sarbanes–Oxley Act (SOX) is a U.S. law pertaining to publicly traded corporations.
There is no such thing as the IEC 43770 standard.
Digital forensics investigators perform all of the following actions routinely except for securely _________________ data.
A. Collecting
B. Creating
C. Analyzing
D. Presenting
Answer: B. Creating
With rare exceptions, digital forensics does not include creation of data (other than the forensic reports regarding the analysis of data). While this could arguably be considered an aspect of digital forensics as well, the other options are more suited to describing digital forensics, so this is the best negative answer.
A(n) _________________ includes reviewing the organization’s current position/performance
as revealed by an audit against a given standard.
A. Service Organization Control (SOC) report
B. Gap analysis
C. Audit scoping statement
D. Federal guideline
Answer: B. Gap analysis
This is the definition of a gap analysis.
SOC reports are specific kinds of audits; option A is incorrect. The scoping statement is a pre-audit function that aids both the organization and the auditor to determine what, specifically, will be audited. Option C is incorrect.
Federal guidelines are government recommendations on how something should be done.
Option D is incorrect.
Belinda is auditing the financial controls of a manufacturing company and learns that the financial systems are run on a major IaaS platform. She would like to gain assurance that the platform has appropriate security controls in place to assure the accuracy of her client’s financial statements. What action should she take?
A. Perform an IT audit of the cloud provider.
B. Obtain a SOC 1 report.
C. Obtain a SOC 2 report.
D. Continue testing only controls at the client and note the use of the cloud provider in her report.
Answer: B. Obtain a SOC 1 report.
Belinda is obligated to gain assurance that the cloud provider has appropriate controls in place. It is unlikely that she will gain permission to audit those controls herself, and even if she gained this permission, that would result in excessive and unnecessary costs. She should instead ask the cloud provider for the report of an independent audit. SOC 1 audits are designed specifically to test the controls covering customer financial statements and would be the appropriate audit type in this scenario. SOC 2 audits cover cybersecurity controls more broadly and would be unnecessary.
Tony is developing a business continuity plan and is having trouble prioritizing resources because of the difficulty of combining information about tangible and intangible assets. What would be the most effective risk assessment approach for him to use?
A. Quantitative risk assessment
B. Qualitative risk assessment
C. Neither quantitative nor qualitative risk assessment
D. Combination of quantitative and qualitative risk assessment
Answer: D. Combination of quantitative and qualitative risk assessment
Tony would see the best results by combining elements of quantitative and qualitative risk
assessment. Quantitative risk assessment excels at analyzing financial risk, while qualitative risk assessment is a good tool for intangible risks. Combining the two techniques provides a
well-rounded risk picture.
What was the first international privacy standard specifically for cloud providers?
A. National Institute of Standards and Technology (NIST) Special Publication (SP) 800- 37
B. Personal Information Protection and Electronic Documents Act
C. Payment Card Industry
D. ISO 27018
Answer: D. ISO 27018
ISO 27018 describes privacy requirements for cloud providers, including an annual audit mandate.
Option A is incorrect because NIST SP!800- 37 describes the Risk Management Framework
and is not an international privacy standard.
The Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. Option B is incorrect.
Option C is incorrect because the PCI DSS is specifically for merchants who accept credit cards, not cloud providers (while cloud providers may process credit cards, and therefore must follow PCI DSS, option D is preferable, and a better answer).
Which one of the following elements of information is not considered a direct identifier that would trigger most United States (U.S.) state data breach laws?
A. Student identification number
B. Social Security number
C. Driver’s license number
D. Credit card number
Answer: A. Student identification number
Most state data breach notification laws are modeled after California’s data breach notification law, which covers Social Security numbers, driver’s license numbers, state identification card numbers, credit/debit card numbers, and bank account numbers (in conjunction with a PIN or password). California’s breach notification law also protects some items not commonly found in other state laws, including medical records and health insurance information.
These laws are separate and distinct from privacy laws, such as the California Consumer Privacy Act (CCPA), which regulates the handling of personal information more broadly.
Which of the following items, included in the contract between a cloud customer and cloud provider, can best aid in reducing vendor lock-in?
A. Data format type and structure
B. Availability
C. Storage space
D. List of available OSs
Answer: A. Data format type and structure
When the cloud customer can ensure that their data will not be ported to a proprietary data format or system, the customer has a better assurance of not being constrained to a given provider; a platform-agnostic data set is more portable and less subject to vendor lock-in.
Availability may be an aspect of portability; the ease and speed at which the customer can access their own data can influence how readily the data might be moved to another provider. However, this is less influential than the format and structure of the data; option A is preferable to option B.
Storage space has little to do with vendor lock-in; option C is incorrect. A list of OSs the provider offers might be influential for the customer’s decision of which provider to select, but it is not typically a constraining factor that would restrict portability.
Option D is incorrect.