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NEW QUESTION 55
Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
- A. The only obligations to provide data breach notification are under state law because currently there is no federal law or regulation requiring notice for the breach of personal information.
- B. When providing an individual with required notice of a data breach, you must identify what personal information was actually or likely compromised.
- C. When you are required to provide an individual with notice of a data breach under any state's law, you must provide the individual with an offer for free credit monitoring.
- D. You must notify the Federal Trade Commission (FTC) in addition to affected individuals if over 500 individuals are receiving notice.
Answer: B
NEW QUESTION 56
How did the Fair and Accurate Credit Transactions Act (FACTA) amend the Fair Credit Reporting Act (FCRA)?
- A. It expanded the definition of "consumer reports" to include communications relating to employee investigations
- B. It stipulated the purpose of obtaining a consumer report can only be for a review of the employee's credit worthiness
- C. It increased the obligation of organizations to dispose of consumer data in ways that prevent unauthorized access
- D. It required employers to get an employee's consent in advance of requesting a consumer report for internal investigation purposes
Answer: C
Explanation:
Section: (none)
Explanation
NEW QUESTION 57
What is an exception to the Electronic Communications Privacy Act of 1986 ban on interception of wire, oral and electronic communications?
- A. Where state law permits such interception
- B. Where one of the parties has given consent
- C. If an organization intercepts an employee's purely personal call
- D. Only if all parties have given consent
Answer: C
Explanation:
Explanation/Reference: https://www.sciencedirect.com/topics/computer-science/electronic-communications-privacy-act
NEW QUESTION 58
How did the Fair and Accurate Credit Transactions Act (FACTA) amend the Fair Credit Reporting Act (FCRA)?
- A. It expanded the definition of "consumer reports" to include communications relating to employee investigations
- B. It stipulated the purpose of obtaining a consumer report can only be for a review of the employee's credit worthiness
- C. It increased the obligation of organizations to dispose of consumer data in ways that prevent unauthorized access
- D. It required employers to get an employee's consent in advance of requesting a consumer report for internal investigation purposes Section: (none) Explanation
Answer: C
NEW QUESTION 59
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. Lost company property such as a computer or flash drive.
- B. Fraud involving credit card theft at point-of-service terminals.
- C. Unintended disclosure of information shared with a third party.
- D. Mishandling of information caused by lack of access controls.
Answer: D
NEW QUESTION 60
Which of the following types of information would an organization generally NOT be required to disclose to law enforcement?
- A. Personal health information under the HIPAA Privacy Rule
- B. Information about workspace injuries under OSHA requirements
- C. Money laundering information under the Bank Secrecy Act of 1970
- D. Information about medication errors under the Food, Drug and Cosmetic Act
Answer: A
NEW QUESTION 61
Which federal act does NOT contain provisions for preempting stricter state laws?
- A. The Children's Online Privacy Protection Act (COPPA)
- B. The Telemarketing Consumer Protection and Fraud Prevention Act
- C. The CAN-SPAM Act
- D. The Fair and Accurate Credit Transactions Act (FACTA)
Answer: B
Explanation:
Explanation
NEW QUESTION 62
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 contain the number to which calls can be made 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 state the times when calls can be made to the consumer and must be signed
- D. The consent must be in writing, must have an end data and must state the times when calls can be made
Answer: B
NEW QUESTION 63
Which of the following does Title VII of the Civil Rights Act prohibit an employer from asking a job applicant?
- A. Questions about a national origin
- B. Questions about intended pregnancy
- C. Questions about a disability
- D. Questions about age
Answer: A
NEW QUESTION 64
Which law provides employee benefits, but often mandates the collection of medical information?
- A. The Americans with Disabilities Act.
- B. The Occupational Safety and Health Act.
- C. The Employee Medical Security Act.
- D. The Family and Medical Leave Act.
Answer: A
NEW QUESTION 65
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. Having a security system failure
- C. Getting accused of discriminatory practices
- D. Attracting skepticism from auditors
Answer: A
NEW QUESTION 66
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.
Under the General Data Protection Regulation (GDPR), how would the U.S.-based startup company most likely be classified?
- A. As a data processor
- B. As a data supervisor
- C. As a data controller
- D. As a data manager
Answer: B
NEW QUESTION 67
What is the main challenge financial institutions face when managing user preferences?
- A. Determining the legal requirements for sharing preferences with their affiliates
- B. Ensuring they are in compliance with numerous complex state and federal privacy laws
- C. Developing a mechanism for opting out that is easy for their consumers to navigate
- D. Ensuring that preferences are applied consistently across channels and platforms
Answer: D
NEW QUESTION 68
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. Integrating privacy protections during product development.
- D. Allowing consumers to opt in before collecting any data.
Answer: A
NEW QUESTION 69
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 network?" 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. Disregarding the privacy policy of the children's marketing industry.
- B. Intruding upon the privacy of a family with young children.
- C. Collecting information from a child under the age of thirteen.
- D. Failing to notify of a breach of children's private information.
Answer: A
Explanation:
Explanation/Reference: https://www.ftc.gov/system/files/2012-31341.pdf
NEW QUESTION 70
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.
Which of the following would be HealthCo's best response to the attorney's discovery request?
- A. Turn over all of the compromised patient records to the plaintiff's attorney
- B. Respond with a request for satisfactory assurances such as a qualified protective order
- C. Respond with a redacted document only relative to the plaintiff
- D. Reject the request because the HIPAA privacy rule only permits disclosure for payment, treatment or healthcare operations
Answer: A
NEW QUESTION 71
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. Maine
- B. California
- C. New York
- D. Florida
Answer: D
NEW QUESTION 72
The Video Privacy Protection Act of 1988 restricted which of the following?
- A. When downloading of copyrighted audio visual materials is allowed
- B. When a user's viewing of online video content can be monitored
- C. Who advertisements for videos and video games may target
- D. Which purchase records of audio visual materials may be disclosed
Answer: D
Explanation:
Explanation/Reference: https://searchcompliance.techtarget.com/definition/Video-Privacy-Protection-Act-of-1988
NEW QUESTION 73
California's SB 1386 was the first law of its type in the United States to do what?
- A. Require state attorney general enforcement of federal regulations against unfair and deceptive trade practices
- B. Require notification of non-California residents of a breach that occurred in California
- C. Require commercial entities to disclose a security data breach concerning personal information about the state's residents
- D. Require encryption of sensitive information stored on servers that are Internet connected
Answer: C
NEW QUESTION 74
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. State the privacy policy to the patient verbally
- B. Confirm that patients are given the privacy notice on their first visit
- C. Direct patients to the correct area of the hospital website
- D. Post the privacy notice in a prominent location instead
Answer: C
Explanation:
Section: (none)
Explanation
NEW QUESTION 75
SCENARIO
Please use the following to answer the next QUESTION:
Cheryl is the sole owner of Fitness Coach, Inc., a medium-sized company that helps individuals realize their physical fitness goals through classes, individual instruction, and access to an extensive indoor gym. She has owned the company for ten years and has always been concerned about protecting customer's privacy while maintaining the highest level of service. She is proud that she has built long-lasting customer relationships.
Although Cheryl and her staff have tried to make privacy protection a priority, the company has no formal privacy policy. So Cheryl hired Janice, a privacy professional, to help her develop one.
After an initial assessment, Janice created a first of a new policy. Cheryl read through the draft and was concerned about the many changes the policy would bring throughout the company. For example, the draft policy stipulates that a customer's personal information can only be held for one year after paying for a service such as a session with personal trainer. It also promises that customer information will not be shared with third parties without the written consent of the customer. The wording of these rules worry Cheryl since stored personal information often helps her company to serve her customers, even if there are long pauses between their visits. In addition, there are some third parties that provide crucial services, such as aerobics instructors who teach classes on a contract basis. Having access to customer files and understanding the fitness levels of their students helps instructors to organize their classes.
Janice understood Cheryl's concerns and was already formulating some ideas for revision. She tried to put Cheryl at ease by pointing out that customer data can still be kept, but that it should be classified according to levels of sensitivity. However, Cheryl was skeptical. It seemed that classifying data and treating each type differently would cause undue difficulties in the company's day-to-day operations. Cheryl wants one simple data storage and access system that any employee can access if needed.
Even though the privacy policy was only a draft, she was beginning to see that changes within her company were going to be necessary. She told Janice that she would be more comfortable with implementing the new policy gradually over a period of several months, one department at a time. She was also interested in a layered approach by creating documents listing applicable parts of the new policy for each department.
What is the main problem with Cheryl's suggested method of communicating the new privacy policy?
- A. The policy might not be implemented consistency across departments.
- B. Employees would not be comfortable with a policy that is put into action over time.
- C. The policy would not be considered valid if not communicated in full.
- D. Employees might not understand how the documents relate to the policy as a whole.
Answer: A
NEW QUESTION 76
Which act violates the Family Educational Rights and Privacy Act of 1974 (FERPA)?
- A. A university posts a public student directory that includes names, hometowns, e-mail addresses, and majors
- B. 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
- C. University police provide an arrest report to a student's hometown police, who suspect him of a similar crime
- D. A newspaper prints the names, grade levels, and hometowns of students who made the quarterly honor roll
Answer: B
NEW QUESTION 77
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 network?" 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.
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 failed to identify himself and indicate the purpose of the messages
- D. The marketer seems to have distributed his son's information without Matt's permission
Answer: A
NEW QUESTION 78
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. Notifies the organization if it can no longer meet its requirements for proper data handling
- B. Provides the same level of privacy protection as the organization
- C. Enters a contract with the organization that states the third party will process data according to the consent agreement
- D. Uses the transferred data for limited purposes
Answer: C
NEW QUESTION 79
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
NEW QUESTION 80
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