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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 When storing Jane's fingerprint for remote authentication. Jones Labs should consider legality issues under which of the following9



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 tliehealth 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 teleheaith 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 MedAppsa If MedApps receives an access request under CCPAfrom a California-based app user, how should It handle the request?

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 teleheaith 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 teleheaith 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 is the most practical action Riya can take to minimize the privacy risks of using an app for telehealth appointments?

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 pnvacy 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 Which of the following would accurately describe the relationship of the parties if they enter into a contract for use of the app?



Question 177 - CIPP-US discussion

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Under the EU-US Data Privacy Framework, what must participating organizations provide to individuals in regard to complaints and disputes?

A.

An independent recourse mechanism.

Answers
A.

An independent recourse mechanism.

B.

A copy 01 the individual's personal data

Answers
B.

A copy 01 the individual's personal data

C.

A description of the organization's data processing policies

Answers
C.

A description of the organization's data processing policies

D.

A means of communicating with the organization's privacy team.

Answers
D.

A means of communicating with the organization's privacy team.

Suggested answer: A

Explanation:

Under the EU-US Data Privacy Framework (DPF), organizations that participate in the framework must provide individuals with a way to resolve complaints and disputes about how their personal data is handled. Specifically, organizations are required to offer an independent recourse mechanism to ensure compliance with the principles of the framework. This mechanism enables individuals to bring their complaints forward and have them addressed through an impartial and accessible process.

The independent recourse mechanism is critical to the DPF as it reinforces accountability and builds trust in cross-border data transfers. Organizations must select a third-party dispute resolution provider (such as an alternative dispute resolution body or a regulatory body) and disclose this mechanism in their privacy policies. The mechanism must be provided free of charge to the individual.

Explanation of Options:

A . An independent recourse mechanism: This is the correct answer, as it is explicitly required under the EU-US Data Privacy Framework for resolving disputes and complaints related to data privacy.

B . A copy of the individual's personal data: While data access rights are part of broader privacy regulations (e.g., GDPR), this is not specific to the EU-US DPF's requirements regarding complaint handling.

C . A description of the organization's data processing policies: While transparency about data processing is an important requirement under the DPF, it does not address the need for a formal dispute resolution mechanism.

D. A means of communicating with the organization's privacy team: While communication channels are essential, they do not meet the requirement for an independent recourse mechanism as stipulated by the DPF. Reference from CIPP/US Materials: EU-US Data Privacy Framework Principles: Specifically, the 'Recourse, Enforcement, and Liability' principle requires participating organizations to provide an independent recourse mechanism for complaints. IAPP CIPP/US Certification Textbook: Discusses dispute resolution and redress mechanisms as a cornerstone of international data transfer agreements. US Department of Commerce Privacy Shield Program Website: Similar requirements under the now-replaced Privacy Shield have been carried over to the DPF, ensuring individuals have access to independent redress mechanisms.

asked 22/11/2024
Suraj Porwal
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