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The Certified Information Privacy Professional/United States (CIPP/US) Certification Exam is a highly regarded certification program administered by the International Association of Privacy Professionals (IAPP). Certified Information Privacy Professional/United States (CIPP/US) certification is designed to assess the knowledge and expertise of individuals in the field of information privacy law and practices in the United States. CIPP-US Exam covers a wide range of topics related to privacy laws and regulations, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Health Insurance Portability and Accountability Act (HIPAA).

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The IAPP CIPP-US exam covers a broad range of topics related to U.S. privacy laws and regulations, including the Federal Trade Commission (FTC) Act, the Children's Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), and the Gramm-Leach-Bliley Act (GLBA). CIPP-US Exam also covers topics such as data breach notification laws, privacy policies and notices, and the General Data Protection Regulation (GDPR).

IAPP Certified Information Privacy Professional/United States (CIPP/US) Sample Questions (Q81-Q86):

NEW QUESTION # 81
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. Common law judgment
  • D. A judgment rider

Answer: A

Explanation:
A consent decree is a legal document that resolves a dispute between a governmental agency and an adverse party without admission of guilt or liability by either side. It is approved by a judge and has the force of a court order. A consent decree may include terms such as compliance, monitoring, reporting, or remediation. A consent decree is often used to settle civil enforcement actions brought by federal agencies such as the Federal Trade Commission (FTC), the Environmental Protection Agency (EPA), or the Department of Justice (DOJ).


NEW QUESTION # 82
According to FERPA, when can a school disclose records without a student's consent?

  • A. If the disclosure would not reveal a student's student identification number
  • B. If the disclosure is not to be conducted through email to the third party
  • C. If the disclosure is to provide transcripts to a school where a student intends to enroll
  • D. If the disclosure is to practitioners who are involved in a student's health care

Answer: C

Explanation:
According to FERPA, a school may disclose personally identifiable information (PII) from an eligible student's education records without consent if the disclosure meets one of the exceptions in 34 CFR ?99.. One of these exceptions is for disclosures to other schools to which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes related to the student's enrollment or transfer (34 CFR ?99.31(a)(2)). This exception allows schools to disclose transcripts, recommendations, or other information that may facilitate the student's admission or enrollment at another school. However, the school must make a reasonable attempt to notify the student of the disclosure, unless the student initiated the disclosure, and must provide the student with a copy of the records that were disclosed upon request (34 CFR ?99.34(a)(1)).


NEW QUESTION # 83
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. Direct patients to the correct area of the hospital website
  • C. Post the privacy notice in a prominent location instead
  • D. Confirm that patients are given the privacy notice on their first visit

Answer: D

Explanation:
HIPAA requires covered entities to provide a notice of privacy practices (NPP) to individuals who receive health care services from the covered entity. The NPP must describe how the covered entity may use and disclose protected health information (PHI), the individual's rights with respect to their PHI, and the covered entity's obligations to protect the privacy of PHI. The NPP must be provided to the individual no later than the date of the first service delivery, either in person or electronically. The covered entity must also make the NPP available on request and post it on its website if it has one. The covered entity must also make a good faith effort to obtain a written acknowledgment from the individual that they received the NPP. If the individual refuses to sign the acknowledgment, the covered entity must document the attempt and the reason for the refusal.
The other options are not sufficient to comply with HIPAA. Stating the privacy policy verbally (option A) does not provide the individual with a written or electronic copy of the NPP that they can keep for future reference. Posting the privacy notice in a prominent location (option B) does not ensure that the individual receives the NPP or has an opportunity to review it before receiving services. Directing patients to the correct area of the hospital website (option C) does not provide the individual with the NPP at the time of service delivery, unless the individual agrees to receive the NPP electronically and has access to the website at that time. References:
* Notice of Privacy Practices for Protected Health Information
* Model Notices of Privacy Practices
* Sample Notice: Availability of Notice of Privacy Practices
* Notice of Privacy Practices
* Notice of Privacy Practices (NPP) Distribution and Acknowledgement


NEW QUESTION # 84
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 tohire 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 questions 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.
Regarding credit checks of potential employees, Celeste has a misconception regarding what?

  • A. Employment-at-will rules.
  • B. Disclosure requirements.
  • C. Records retention policies
  • D. Consent requirements.

Answer: D

Explanation:
Celeste has a misconception regarding the consent requirements for conducting credit checks of potential employees in California. She thinks that verbal consent from the applicants is sufficient, and that they only need to be offeredaccess to the results. However, under the California Consumer Credit Reporting Agencies Act (CCRAA), employers who want to obtain a consumer credit report for employment purposes must comply with the following consent and disclosure requirements12:
* Before requesting a consumer credit report, the employer must provide the applicant with a clear and conspicuous written disclosure that informs them of the following:
* The specific purpose for obtaining the report.
* The source of the report.
* The applicant's right to obtain a free copy of the report from the source within 60 days.
* The applicant's right to dispute the accuracy or completeness of any information in the report.
* The employer must also obtain the applicant's written authorization to obtain the report.
* If the employer intends to take an adverse action based on the report, such as denying employment, the employer must provide the applicant with a copy of the report and a summary of their rights under the CCRAA before taking the action.
* After taking the adverse action, the employer must provide the applicant with a notice that includes the following:
* The name, address, and telephone number of the source of the report.
* A statement that the source of the report did not make the decision and cannot explain why the decision was made.
* A statement that the applicant has the right to obtain another free copy of the report from the source within 60 days.
* A statement that the applicant has the right to dispute the accuracy or completeness of any information in the report.
Therefore, Celeste is wrong to assume that verbal consent and optional access to the results are enough to comply with the CCRAA. She should follow the written consent and disclosure requirements to avoid violating the law and potentially facing civil penalties or lawsuits. References:
* California Consumer Credit Reporting Agencies Act
* Employment Credit Checks: What You Need to Know | Nolo


NEW QUESTION # 85
According to FERPA, when can a school disclose records without a student's consent?

  • A. If the disclosure would not reveal a student's student identification number
  • B. If the disclosure is not to be conducted through email to the third party
  • C. If the disclosure is to provide transcripts to a school where a student intends to enroll
  • D. If the disclosure is to practitioners who are involved in a student's health care

Answer: C


NEW QUESTION # 86
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