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SCENARIO Please use the following to answer the next question; Jane is a U.S. citizen and a senior software engineer at California-based Jones Labs, a major software supplier to the U.S. Department of Defense and other U.S. federal agencies Jane's manager, Patrick, is a French citizen who has been living in California for over a decade. Patrick has recently begun to suspect that Jane is an insider secretly transmitting trade secrets to foreign intelligence. Unbeknownst to Patrick, the FBI has already received a hint from anonymous whistleblower, and jointly with the National Secunty Agency is investigating Jane's possible implication in a sophisticated foreign espionage campaign Ever since the pandemic. Jane has been working from home. To complete her daily tasks she uses her corporate laptop, which after each togin conspicuously provides notice that the equipment belongs to Jones Labs and may be monitored according to the enacted privacy policy and employment handbook Jane also has a corporate mobile phone that she uses strictly for business, the terms of which are defined in her employment contract and elaborated upon in her employee handbook. Both the privacy policy and the employee handbook are revised annually by a reputable California law firm specializing in privacy law. Jane also has a personal iPhone that she uses for private purposes only. Jones Labs has its primary data center in San Francisco, which is managed internally by Jones Labs engineers The secondary data center, managed by Amazon AWS. is physically located in the UK for disaster recovery purposes. Jones Labs' mobile devices backup is managed by a mid-sized mobile delense company located in Denver, which physically stores the data in Canada to reduce costs. Jones Labs MS Office documents are securely stored in a Microsoft Office 365 data Under Section 702 of F1SA. The NSA may do which of the following without a Foreign Intelligence Surveillance Court warrant?

Question 88 - CIPP-US discussion

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Which federal law or regulation preempts state law?

A.

Health Insurance Portability and Accountability Act

Answers
A.

Health Insurance Portability and Accountability Act

B.

Controlling the Assault of Non-Solicited Pornography and Marketing Act

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B.

Controlling the Assault of Non-Solicited Pornography and Marketing Act

C.

Telemarketing Sales Rule

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C.

Telemarketing Sales Rule

D.

Electronic Communications Privacy Act of 1986

Answers
D.

Electronic Communications Privacy Act of 1986

Suggested answer: A

Explanation:

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a federal law that regulates the privacy and security of health information in the United States.HIPAA preempts state laws that are contrary to its provisions, unless the state laws provide more stringent protections for health information12HIPAA establishes a floor of federal standards for health information privacy and security, but allows states to enact laws that are more protective of individuals' rights34For example, some states may require more specific consent from individuals before disclosing their health information, or impose stricter penalties for violations of health information privacy and security.HIPAA also provides exceptions for certain state laws that serve a compelling public interest, such as public health, safety, or welfare.

Reference: https://www.findlaw.com/litigation/legal-system/the-supremacy-clause-and-the-doctrine-of-preemption.html

https://www.bonalaw.com/insights/legal-resources/when-does-federal-law-preempt-state-law

asked 22/11/2024
Marco Romani
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