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Questions # 21:

What privacy concept grants a consumer the right to view and correct errors on his or her credit report?

Options:

A.

Access.

B.

Notice.

C.

Action.

D.

Choice.

Expert Solution
Questions # 22:

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)?

Options:

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

Expert Solution
Questions # 23:

Which of the following types of information would an organization generally NOT be required to disclose to law enforcement?

Options:

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 workspace injuries under OSHA requirements

D.

Personal health information under the HIPAA Privacy Rule

Expert Solution
Questions # 24:

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procedures for purging and destroying outdated data. 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.

Which principle of the Consumer Privacy Bill of Rights, if adopted, would best reform the company’s privacy program?

Options:

A.

Consumers have a right to exercise control over how companies use their personal data.

B.

Consumers have a right to reasonable limits on the personal data that a company retains.

C.

Consumers have a right to easily accessible information about privacy and security practices.

D.

Consumers have a right to correct personal data in a manner that is appropriate to the sensitivity.

Expert Solution
Questions # 25:

SCENARIO

Please use the following to answer the next QUESTION

Felicia has spent much of her adult life overseas, and has just recently returned to the U.S. to help her friend Celeste open a jewelry store in California. Felicia, despite being excited at the prospect, has a number of security concerns, and has only grudgingly accepted the need to hire other employees. In order to guard against the loss of valuable merchandise, Felicia wants to carefully screen applicants. With their permission, Felicia would like to run credit checks, administer polygraph tests, and scrutinize videos of interviews. She intends to read applicants’ postings on social media, ask QUESTION NO:s about drug addiction, and solicit character references. Felicia believes that if potential employees are serious about becoming part of a dynamic new business, they will readily agree to these requirements.

Felicia is also in favor of strict employee oversight. In addition to protecting the inventory, she wants to prevent mistakes during transactions, which will require video monitoring. She also wants to regularly check the company vehicle’s GPS for locations visited by employees. She also believes that employees who use their own devices for work-related purposes should agree to a certain amount of supervision.

Given her high standards, Felicia is skeptical about the proposed location of the store. She has been told that many types of background checks are not allowed under California law. Her friend Celeste thinks these worries are unfounded, as long as applicants verbally agree to the checks and are offered access to the results. Nor does Celeste share Felicia’s concern about state breach notification laws, which, she claims, would be costly to implement even on a minor scale. Celeste believes that

even if the business grows a customer database of a few thousand, it’s unlikely that a state agency would hassle an honest business if an accidental security incident were to occur.

In any case, Celeste feels that all they need is common sense – like remembering to tear up sensitive documents before throwing them in the recycling bin. Felicia hopes that she’s right, and that all of her concerns will be put to rest next month when their new business consultant (who is also a privacy professional) arrives from North Carolina.

Based on Felicia’s Bring Your Own Device (BYOD) plan, the business consultant will most likely advise Felicia and Celeste to do what?

Options:

A.

Reconsider the plan in favor of a policy of dedicated work devices.

B.

Adopt the same kind of monitoring policies used for work-issued devices.

C.

Weigh any productivity benefits of the plan against the risk of privacy issues.

D.

Make employment decisions based on those willing to consent to the plan in writing.

Expert Solution
Questions # 26:

SCENARIO -

Please use the following to answer the next question:

Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering telehealth appointments, where patients can have virtual appointments with on-site doctors via a phone app.

For this new initiative, Miraculous is considering a product built by MedApps, a company that makes quality telehealth apps for healthcare practices and licenses them to be used with the practices’ branding. MedApps provides technical support for the app, which it hosts in the cloud. MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service.

Riya is the Privacy Officer at Miraculous, responsible for the practice's compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place. She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices, as well as negotiating the terms of vendor agreements. Riya is currently reviewing the suitability of the MedApps app from a privacy perspective.

Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps’ optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedApps.

What HIPAA compliance issue would Miraculous have to consider before using the telehealth app?

Options:

A.

HIPAA does not permit healthcare providers to use cloud hosting services.

B.

HIPAA does not permit in-person appointment data to be hosted in the cloud.

C.

HIPAA would require Miraculous and MedApps to enter into a Business Associate Agreement.

D.

HIPAA would require Miraculous to obtain patient consent before in-person appointment data can be shared with third parties.

Expert Solution
Questions # 27:

In which situation is a company operating under the assumption of implied consent?

Options:

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

Expert Solution
Questions # 28:

Due to cookie deprecation, businesses will be required to simplify their tracking practices by doing what?

Options:

A.

Ensuring only registered users are tracked.

B.

Running analytics only in dedicated sandboxes

C.

Purging existing IDs that identify visitors by browser.

D.

Deleting their existing data sets of any third-party cookies

Expert Solution
Questions # 29:

The use of cookies on a website by a service provider is generally not deemed a ‘sale’ of personal information by CCPA, as long as which of the following conditions is met?

Options:

A.

The third party stores personal information to trigger a response to a consumer’s request to exercise their right to opt in.

B.

The analytics cookies placed by the service provider are capable of being tracked but cannot be linked to a particular consumer of that business.

C.

The service provider retains personal information obtained in the course of providing the services specified in the agreement with the subcontractors.

D.

The information collected by the service provider is necessary to perform debugging and the business and service provider have entered into an appropriate agreement.

Expert Solution
Questions # 30:

A law enforcement subpoenas the ACME telecommunications company for access to text message records of a person suspected of planning a terrorist attack. The company had previously encrypted its text message records so that only the suspect could access this data.

What law did ACME violate by designing the service to prevent access to the information by a law enforcement agency?

Options:

A.

SCA

B.

ECPA

C.

CALEA

D.

USA Freedom Act

Expert Solution
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