Questions Flashcards
Which jurisdiction must courts have in order to hear a particular case?
Personal jurisdiction and subject matter jurisdiction
Which authority supervises and enforces laws regarding advertising to children via the Internet?
A. Office of Civil rights
B. The Federal Trade Commission
C. Dept of Homeland Security
The Federal Trade Commission
According to Section 5 of the FTC Act, self-regulation primarily involves a company’s right to do what?
A. Determine which bodies will be involved in adjudication
B. Decide if any enforcement actions are justified
C. Adhere to its industry’s code of conduct
D. Appeal decisions made against it
Determine which bodies will be involved in adjudication
Which was NOT one of the five priority areas listed by the Federal Trade Commission in its 2012 report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers”?
A. International data transfers
B. Large platform providers
C. Promoting enforceable self-regulatory codes
D. Do Not Track
International data transfers
The “Consumer Privacy Bill of Rights” presented in a 2012 Obama administration report is generally based on?
A. The 1974 Privacy Act
B. Common law principles
C. European Union Directive
D. Traditional fair information practices
European Union Directive
What is a legal document approved by a judge that formalizes an agreement between a governmental agency and an adverse party called?
A. A consent decree
B. Stare decisis decree
C. A judgment rider
D. Common law judgment
A consent decree
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What type of legal choice does not notice provide?
A. Mandatory
B. Implied consent
C. Opt-in
D. Opt-out
A. Mandatory B. implied consent C. Opt -in D. Opt-out
Answer: C. Opt in? *check
Hypo: What is the best reason for Cheryl (owner) to follow Janice’s (lawyer)
suggestion about classifying customer data?
A. It will help employees stay better organized
B. It will help the company meet a federal mandate
C. It will increase the security of customers’ personal information (PI)
D. It will prevent the company from collecting too much personal information (PI)
It will increase the security of customer’s personal information (PI)
What is the most likely risk of Fitness Coach, Inc. adopting Janice’s first draft of the privacy policy?
A. Leaving the company susceptible to violations by setting unrealistic goals
B. Failing to meet the needs of customers who are concerned about privacy
C. Showing a lack of trust in the organization’s privacy practices
D. Not being in standard compliance with applicable laws
Leaving the company susceptible to violations by setting unrealistic goals.
What is the main problem with Cheryl’s (owner) suggested method of communicating the new privacy policy?
A. The policy would not be considered valid if not communicated in full.
B. The policy might not be implemented consistency across departments.
C. Employees would not be comfortable with a policy that is put into action over time.
D. Employees might not understand how the documents relate to the policy as a whole.
Reveal Solution
The policy might not be implemented consistency across departments.
Based on the scenario, which of the following would have helped Janice (lawyer) to better meet the company’s needs?
A. Creating a more comprehensive plan for implementing a new policy
B. Spending more time understanding the company’s information goals
C. Explaining the importance of transparency in implementing a new policy
D. Removing the financial burden of the company’s employee training program
Reveal Solution
Spending more time understanding the company’s information goals
According to the FTC Report of 2012, what is the main goal of Privacy by Design?
A. Obtaining consumer consent when collecting sensitive data for certain purposes
B. Establishing a system of self-regulatory codes for mobile-related services
C. Incorporating privacy protections throughout the development process
D. Implementing a system of standardization for privacy notices
Answer: C. Incorporating privacy protections throughout the development process
What is the main reason some supporters of the European approach to privacy are skeptical about self-regulation of privacy practices?
A. A large amount of money may have to be sent on improved technology and security
B. Industries may not be strict enough in the creation and enforcement of rules
C. A new business owner may not
B. industries may not be strict enough in the creation and enforcement of rules
What is the main purpose of the Global Privacy Enforcement Network?
A. To promote universal cooperation among privacy authorities
B. To investigate allegations of privacy violations internationally
C. To protect the interests of privacy consumer groups worldwide
D. To arbitrate disputes between countries over jurisdiction for privacy laws
answer: A. to promote universal cooperation among privacy authorities
In 2014, Google was alleged to have violated the Family Educational Rights and Privacy Act (FERPA) through its Apps for Education suite of tools. For what specific practice did students sue the company?
A. Scanning emails sent to and received by students
Which venture would be subject to the requirements of Section 5 of the Federal Trade Commission Act?
A. A local nonprofit charity’s fundraiser
B. An online merchant’s free shipping offer
C. A national bank’s no-fee checking promotion
D. A city bus system’s frequent rider program
Answer: B. An online merchant’s free shipping offer.
An organization self-certified under Privacy Shield must, upon request by an individual, do what?
A. Suspend the use of all personal information collected by the organization to fulfill its original purpose.
B. Provide the identities of third parties with whom the organization shares personal information.
C. Provide the identities of third and fourth parties that may potentially receive personal information.
D. Identify all personal information disclosed during a criminal investigation.
Answer:
Provide the identities of third parties with whom the organization shares personal information
Which of the following federal agencies does NOT enforce the Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA)?
A. The Office of the Comptroller of the Currency
B. The Consumer Financial Protection Bureau
C. The Department of Health and Human Services
D. The Federal Trade Commission
Answer: The Dept of Health and Human Services
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 data. 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.
At this stage of the investigation, what should the data privacy leader review first?
A. Available data flow diagrams
B. The text of the original complaint
C. The company’s data privacy policies
D. Prevailing regulation on this subject
Answer: Prevailing regulation on this subject
FROM HYPO
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. Lists of all customers, sorted by country
D. Interviews with key marketing personnel
Answer: Lists of all customers, sorted by country
From hypo above. Under the General Data Protection Regulation (GDPR), how would the U.S.-based startup company most likely be classified?
Answer: Data controller.
Under the GDPR, the complainant’s request regarding her personal information is known as what?
Right to be Forgotten
In which situation would a policy of “no consumer choice” or “no option” be expected
A. When a job applicant’s credit report is provided to an employer
B. When a customer’s financial information is requested by the government
C. When a patient’s health record is made available to a pharmaceutical company
D. When a customer’s street address is shared with a shipping company
Answer: When a customer’s street address is shared with a shipping company.
What is the main challenge financial institutions face when managing user preferences?
A. . Ensuring they are in compliance with numerous complex state and federal privacy laws
B. Developing a mechanism for opting out that is easy for their consumers to navigate
C. Ensuring that preferences are applied consistently across channels and platforms
D. Determining the legal requirements for sharing preferences with their affiliates
Answer: Ensuring that preferences are applied consistently across channels and platforms.
A large online bookseller decides to contract with a vendor to manage Personal Information (PI). What is the least important factor for the company to consider when selecting the vendor?
A. The vendor’s reputation
B. The vendor’s financial health
C. The vendor’s employee retention rates
D. The vendor’s employee training program
Answer: The vendor employee’s retention rates
In which situation is a company operating under the assumption of implied consent?
A. An employer contacts the professional references provided on an applicant’s resume
B. An online retailer subscribes new customers to an e-mail list by default
C. A landlord uses the information on a completed rental application to run a credit report
D. A retail clerk asks a customer to provide a zip code at the check-out counter
Answer A
All of the following are tasks in the “Discover” phase of building an information management program EXCEPT?
A. Facilitating participation across departments and levels
B. Developing a process for review and update of privacy policies
C. Deciding how aggressive to be in the use of personal information
D. Understanding the laws that regulate a company’s collection of information
Answer: Developing a process for review and update of privacy policies
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. Getting accused of discriminatory practices
C. Attracting skepticism from auditors
D. Having a security system failure
Answer: Being more closely scrutinized for any breaches of policy
If an organization certified under Privacy Shield wants to transfer personal data to a third party acting as an agent, the organization must ensure the third party does all of the following EXCEPT?
A. Uses the transferred data for limited purposes
B. Provides the same level of privacy protection as the organization
C. Notifies the organization if it can no longer meet its requirements for proper data handling
D. Enters a contract with the organization that states the third party will process data according to the consent agreement
Answer: Enters a contract with the organization that states the third party will process data according to the consent agreement.
What was the original purpose of the Federal Trade Commission Act?
A. To ensure privacy rights of U.S. citizens
B. To protect consumers
C. To enforce antitrust laws
D. To negotiate consent decrees with companies violating personal privacy
Answer: TO enforce antitrust laws
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 questions about my opinions.”
“Let me see,” Matt said, and began reading the list of questions 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 questions 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.
Based on the incident, the FTC’s enforcement actions against the marketer would most likely include what violation?
A. Intruding upon the privacy of a family with young children.
B. Collecting information from a child under the age of thirteen.
C. Failing to notify of a breach of children’s private information.
D. Disregarding the privacy policy of the children’s marketing industry.
Answer: Collecting information from a child under the age of thirteen.
Same scenario as above.
How does Matt come to the decision to report the marketer’s activities?
A. The marketer failed to make an adequate attempt to provide Matt with information
B. The marketer did not provide evidence that the prize books were appropriate for children
C. The marketer seems to have distributed his son’s information without Matt’s permission
D. The marketer failed to identify himself and indicate the purpose of the messages
Answer: The marketer failed to make an adequate attempt to provide Matt with information
Scenario above Matt and his son
How could the marketer have best changed its privacy management program to meet COPPA “Safe Harbor” requirements?
A. By receiving FTC approval for the content of its emails
B. By making a COPPA privacy notice available on website
C. By participating in an approved self-regulatory program
D. By regularly assessing the security risks to consumer privacy
Answer: C. By participating in an approved self-regulatory program
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. Make electronic health records (EHRs) part of regular care
B. Bill the majority of patients electronically for their health care
C. Send health information and appointment reminders to patients electronically
D. Keep electronic updates about the Health Insurance Portability and Accountability Act
Answer: Make electronic health records (EHRs) part of regular care
All of the following organizations are specified as covered entities under the Health Insurance Portability and Accountability Act (HIPAA) EXCEPT?
A. Healthcare information clearinghouses
B. Pharmaceutical companies
C. Healthcare providers
D. Health plans
Answer: Pharmaceutical companies
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. Department of Health and Human Services
B. The affected individuals
C. The local media
D. Medical providers
Answer:
D. Medical Providers
What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?
A. The ability for the consumer to correct inaccurate credit report information
B. The truncation of account numbers on credit card receipts
C. The right to request removal from e-mail lists
D. Consumer notice when third-party data is used to make an adverse decision
Answer: The truncation of account numbers on credit card receipts
Who has rulemaking authority for the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA)?
A. State Attorneys General
B. The Federal Trade Commission
C. The Department of Commerce
D. The Consumer Financial Protection Bureau
A. State Attorneys General
B. The Federal Trade Commission
C. The Department of Commerce
D. The Consumer Financial Protection Bureau
Answer: The Consumer Financial Protection Bureau
Under the Fair and Accurate Credit Transactions Act (FACTA), what is the most appropriate action for a car dealer holding a paper folder of customer credit reports?
A. To follow the Disposal Rule by having the reports shredded
B. To follow the Red Flags Rule by mailing the reports to customers
C. To follow the Privacy Rule by notifying customers that the reports are being stored
D. To follow the Safeguards Rule by transferring the reports to a secure electronic file
Answer: To follow the Disposal Rule by having the reports shredded.
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 in.
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 out.
D. After disclosing marketing practices to customers and after giving them an opportunity to opt out.
A. After disclosing information-sharing practices to customers and after giving them an opportunity to opt in.
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 out.
D. After disclosing marketing practices to customers and after giving them an opportunity to opt out.
Answer: C. After disclosing information-sharing practices to customers and after giving them an opportunity to opt out.
What are banks required to do under the Gramm-Leach-Bliley Act (GLBA)?
A. Conduct annual consumer surveys regarding satisfaction with user preferences
B. Process requests for changes to user preferences within a designated time frame
C. Provide consumers with the opportunity to opt out of receiving telemarketing phone calls
D. Offer an Opt-Out before transferring PI to an unaffiliated third party for the latter’s own use
Answer: D. Offer an Opt-Out before transferring PI to an unaffiliated third party for the latter’s own use.
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 checkin
B. By speaking to a painful without authorization
C. By ignoring the conversation about a potential breach
D. By following his plans for his upcoming paper.
D. By following his plans for his upcoming paper.
Scenario above.
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. State the privacy policy to the patient verbally
B. Post the privacy notice in a prominent location instead
C. Direct patients to the correct area of the hospital website
D. Confirm that patients are given the privacy notice on their first visit
Answer: C. Direct patients to the correct area of the hospital website
Scenario above.
Although Declan’s day ended with many questions, he was pleased about his new position.
Based on the scenario, what is the most likely way Declan’s supervisor would answer his question about the hospital’s use of a billing company?
A. By suggesting that Declan look at the hospital’s publicly posted privacy policy
B. By assuring Declan that third parties are prevented from seeing Private Health Information (PHI)
C. By pointing out that contracts are in place to help ensure the observance of minimum security standards
D. By describing how the billing system is integrated into the hospital’s electronic health records (EHR) system
Answer: C. By pointing out that contracts are in place to help ensure the observance of minimum security standards
Which entities must comply with the Telemarketing Sales Rule?
A. For-profit organizations and for-profit telefunders regarding charitable solicitations
B. Nonprofit organizations calling on their own behalf
C. For-profit organizations calling businesses when a binding contract exists between them
D. For-profit and not-for-profit organizations when selling additional services to establish customers
Answer: A. For-profit organizations and for-profit telefunders regarding charitable solicitations
Under the Telemarketing Sales Rule, what characteristics of consent must be in place for an organization to acquire an exception to the Do-Not-Call rules for a particular consumer?
A. The consent must be in writing, must state the times when calls can be made to the consumer and must be signed
B. The consent must be in writing, must contain the number to which calls can be made and must have an end date
C. The consent must be in writing, must contain the number to which calls can be made and must be signed
D. The consent must be in writing, must have an end date and must state the times when calls can be made
Answer: C. The consent must be in writing, must contain the number to which calls can be made and must be signed
When does the Telemarketing Sales Rule require an entity to share a do-not-call request across its organization?
A. When the operational structures of its divisions are not transparent
B. When the goods and services sold by its divisions are very similar
C. When a call is not the result of an error or other unforeseen cause
D. When the entity manages user preferences through multiple platforms
Answer: C. When a call is not the result of an error or other unforeseen cause.
Within what time period must a commercial message sender remove a recipient’s address once they have asked to stop receiving future e-mail?
A. 7 days
B. 10 days
C. 15 days
D. 21 days
Answer: 10 days
A student has left high school and is attending a public postsecondary institution. Under what condition may a school legally disclose educational records to the parents of the student without consent?
A. If the student has not yet turned 18 years of age
B. If the student is in danger of academic suspension
C. If the student is still a dependent for tax purposes
D. If the student has applied to transfer to another institution
Answer: C. If the student is still a dependent for tax purposes
In what way does the “Red Flags Rule” under the Fair and Accurate Credit Transactions Act (FACTA) relate to the owner of a grocery store who uses a money wire service?
A. It mandates the use of updated technology for securing credit records
B. It requires the owner to implement an identity theft warning system
C. It is not usually enforced in the case of a small financial institution
D. It does not apply because the owner is not a creditor
Answer: D. It does not apply because the owner is not a creditor.
Which of the following is an important implication of the Dodd-Frank Wall Street Reform and Consumer Protection Act?
A. Financial institutions must avoid collecting a customer’s sensitive personal information
B. Financial institutions must help ensure a customer’s understanding of products and services
C. Financial institutions must use a prescribed level of encryption for most types of customer records
D. Financial institutions must cease sending e-mails and other forms of advertising to customers who opt out of direct marketing
Answer: B. Financial institutions must help ensure a customer’s understanding of products and services
Which act violates the Family Educational Rights and Privacy Act of 1974 (FERPA)?
A. A K-12 assessment vendor obtains a student’s signed essay about her hometown from her school to use as an exemplar for public release
B. A university posts a public student directory that includes names, hometowns, e-mail addresses, and majors
C. A newspaper prints the names, grade levels, and hometowns of students who made the quarterly honor roll
D. University police provide an arrest report to a student’s hometown police, who suspect him of a similar crime
Answer: A K-12 assessment vendor obtains a student’s signed essay about her hometown from her school to use as an exemplar for public release
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 would not reveal a student’s student identification number
C. If the disclosure is to practitioners who are involved in a student’s health care
D. If the disclosure is to provide transcripts to a school where a student intends to enroll
Answer: D If the disclosure is to provide transcripts to a school where a student intends to enroll
What is the main purpose of the CAN-SPAM Act?
A. To diminish the use of electronic messages to send sexually explicit materials
B. To authorize the states to enforce federal privacy laws for electronic marketing
C. To empower the FTC to create rules for messages containing sexually explicit content
D. To ensure that organizations respect individual rights when using electronic advertising
Answer: D. To ensure that organizations respect individual rights when using electronic advertising
The Video Privacy Protection Act of 1988 restricted which of the following?
A. Which purchase records of audio visual materials may be disclosed
B. When downloading of copyrighted audio visual materials is allowed
C. When a user’s viewing of online video content can be monitored
D. Who advertisements for videos and video games may target
Answer: A. Which purchase records of audio visual materials may be disclosed
The Cable Communications Policy Act of 1984 requires which activity?
A. Delivery of an annual notice detailing how subscriber information is to be used
B. Destruction of personal information a maximum of six months after it is no longer needed
C. Notice to subscribers of any investigation involving unauthorized reception of cable services
D. Obtaining subscriber consent for disseminating any personal information necessary to render cable services
Answer: A. Delivery of an annual notice detailing how subscriber information is to be used
What is the main purpose of requiring marketers to use the Wireless Domain Registry?
A. To access a current list of wireless domain names
B. To prevent unauthorized emails to mobile devices
C. To acquire authorization to send emails to mobile devices
D. To ensure their emails are sent to actual wireless subscribers
Answer: B. To prevent unauthorized emails to mobile devices
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. Because HealthCo did not conduct due diligence to verify or monitor CloudHealth’s security measures
ou 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.
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 techniques for identifying phishing attempts
B. Training on the terms of the contractual agreement with HealthCo
C. Training on the difference between confidential and non-public information
D. Training on CloudHealth’s HR policy regarding the role of employees involved data breaches
Answer: A training on techniques for identifying phishing attempts
ou 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.
Of the safeguards required by the HIPAA Security Rule, which of the following is NOT at issue due to HealthCo’s actions?
A. Administrative Safeguards
B. Technical Safeguards
C. Physical Safeguards
D. Security Safeguards
Answer: C. Physical Safeguards
ou 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.
Which of the following would be HealthCo’s best response to the attorney’s discovery request?
A. Reject the request because the HIPAA privacy rule only permits disclosure for payment, treatment or healthcare operations
B. Respond with a request for satisfactory assurances such as a qualified protective order
C. Turn over all of the compromised patient records to the plaintiff’s attorney
D. Respond with a redacted document only relative to the plaintiff
Answer: B. Respond with a request for satisfactory assurances such as a qualified protective order
Which of the following types of information would an organization generally NOT be required to disclose to law enforcement?
A. Information about medication errors under the Food, Drug and Cosmetic Act
B. Money laundering information under the Bank Secrecy Act of 1970
C. Information about workplace injuries under OSHA requirements
D. Personal health information under the HIPAA Privacy Rule
Answer: D. Personal health information under the HIPAA Privacy Rule
A law enforcement agency 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. SCA
B. ECPA
C. CALEA
D. USA FREEDOM Act
Answer: C. CALEA
What practice do courts commonly require in order to protect certain personal information on documents, whether paper or electronic, that is involved in litigation?
A. Redaction
B. Encryption
C. Deletion
D. Hashing
Answer: A Redaction
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. Where state law permits such interception
C. If an organization intercepts an employee’s purely personal call
D. Only if all parties have given consent
Answer: A. Where one of the parties has given consent
What was the original purpose of the Foreign Intelligence Surveillance Act?
A. To further define what information can reasonably be under surveillance in public places under the USA PATRIOT Act, such as Internet access in public libraries.
B. To further clarify a reasonable expectation of privacy stemming from the Katz v. United States decision.
C. To further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution.
D. To further clarify when a warrant is not required for a wiretap performed internally by the telephone company outside the suspect’s home, stemming from the Olmstead v. United States decision.
Answer: C. To further define a framework for authorizing wiretaps by the executive branch for national security purposes under Article II of the Constitution.
What practice does the USA FREEDOM Act NOT authorize?
A. Emergency exceptions that allow the government to target roamers
B. An increase in the maximum penalty for material support to terrorism
C. An extension of the expiration for roving wiretaps
D. The bulk collection of telephone data and internet metadata
D. The bulk collection of telephone data and internet metadata
Why was the Privacy Protection Act of 1980 drafted?
A. To respond to police searches of newspaper facilities
B. To assist prosecutors in civil litigation against newspaper companies
C. To assist in the prosecution of white-collar crimes
D. To protect individuals from personal privacy invasion by the police
Answer: A. To respond to police searches of newspaper facilities
The rules for “e-discovery” mainly prevent which of the following?
Answer: B. The loss of information due to poor data retention practices
What do the Civil Rights Act, Pregnancy Discrimination Act, Americans with Disabilities Act, Age Discrimination Act, and Equal Pay Act all have in common?
A. They require employers not to discriminate against certain classes when employees use personal information
B. They require that employers provide reasonable accommodations to certain classes of employees
C. They afford certain classes of employees’ privacy protection by limiting inquiries concerning their personal information
D. They permit employers to use or disclose personal information specifically about employees who are members of certain classes
Answer: A. They require employers not to discriminate against certain classes when employees use personal information
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. Ordinary course of business exception
D. Internet calls exception
Answer: C. Ordinary course of business exception
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 media. 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 enforceability of local law
C. The strict nature of state law
D. The definition of tort law
Answer: A. The applicability of federal law
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 media. 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.
Based on the way he uses social media, Evan is susceptible to a lawsuit based on?
A. Defamation
B. Discrimination
C. Intrusion upon seclusion
D. Publicity given to private life
Answer: B. Discrimination
Same scenario as above.
Larry wants to take action, but is uncertain how to proceed.
Which act would authorize Evan’s undercover investigation?
A. The Whistleblower Protection Act
B. The Stored Communications Act (SCA)
C. The National Labor Relations Act (NLRA)
D. The Fair and Accurate Credit Transactions Act (FACTA)
Answer: B. The Stored Communications Act (SCA)
Same scenario as above.
In regard to telemarketing practices, Evan the supervisor has a misconception regarding?
Answer: D. The relationship of state law to federal law
Which of the following best describes private-sector workplace monitoring in the United States?
A. Employers have broad authority to monitor their employees
B. U.S. federal law restricts monitoring only to industries for which it is necessary
C. Judgments in private lawsuits have severely limited the monitoring of employees
D. Most employees are protected from workplace monitoring by the U.S. Constitution
Answer: A. Employers have broad authority to monitor their employees
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. Amendments one, four, and five of the U.S. Constitution
D. The U.S. Department of Health and Human Services (HHS)
A. State law, contract law, and tort law
B. The Federal Trade Commission Act (FTC Act)
C. Amendments one, four, and five of the U.S. Constitution
D. The U.S. Department of Health and Human Services (HHS)
Answer: A. State law, contract law, and tort law
What role does the U.S. Constitution play in the area of workplace privacy?
A. It provides enforcement resources to large employers, but not to small businesses
B. It provides legal precedent for physical information security, but not for electronic security
C. It provides contractual protections to members of labor unions, but not to employees at will
D. It provides significant protections to federal and state governments, but not to private-sector employment
A. It provides enforcement resources to large employers, but not to small businesses
B. It provides legal precedent for physical information security, but not for electronic security
C. It provides contractual protections to members of labor unions, but not to employees at will
D. It provides significant protections to federal and state governments, but not to private-sector employment
Answer: D. It provides significant protections to federal and state governments, but not to private-sector employment
