IAPP Updated CIPP-US Exam Questions and Answers by alisha

 In order for a court to hear a case, it must have both personal jurisdiction and subject matter jurisdiction. Personal jurisdiction refers to the authority of a court over the parties to a case, while subject matter jurisdiction refers to the authority of a court to hear a particular type of case. For example, a federal court may have subject matter jurisdiction over a case involving a federal law, but it may not have personal jurisdiction over a defendant who has no contacts with the state where the court is located. Similarly, a state court may have personal jurisdiction over a resident of the state, but it may not have subject matter jurisdiction over a case involving a foreign treaty. References: [IAPP CIPP/US Study Guide], Chapter 2: Introduction to U.S. Law, p. 25-26; Wex Legal Dictionary, Subject Matter Jurisdiction and Personal Jurisdiction.

According to HIPAA, a business associate is a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information (PHI) on behalf of, or provides services to, a covered entity. A business associate agreement (BAA) is a written contract between a covered entity and a business associate that establishes the permitted and required uses and disclosures of PHI by the business associate, as well as the safeguards that the business associate must implement to protect the PHI. In this scenario, MedApps is a business associate of Miraculous, since it provides a telehealth app that involves the use or disclosure of PHI on behalf of Miraculous. Therefore, HIPAA would require Miraculous and MedApps to enter into a BAA before using the telehealth app. The other options are incorrect because HIPAA does not prohibit the use of cloud hosting services or the hosting of in-person appointment data in the cloud, as long as the appropriate safeguards and agreements are in place. HIPAA also does not require patient consent for the sharing of PHI with third parties for treatment, payment, or health care operations purposes, which would include the use of the telehealth app. References:

• HIPAA and Telehealth - Office for Civil Rights
• HIPAA Rules for telehealth technology - Telehealth.HHS.gov
• Notification of Enforcement Discretion for Telehealth - Office for Civil Rights
• Guidance: How the HIPAA Rules Permit Covered Health Care Providers and Health Plans to Provide Audio-Only Telehealth - Office for Civil Rights
• HIPAA Compliant App - Telehealth.org
• IAPP CIPP/US Certified Information Privacy Professional Study Guide - Chapter 3: HIPAA and HITECH, pages 75-76, 81-82, 86-87.

The Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB) as an independent agency within the Federal Reserve System. The CFPB has the authority to regulate consumer financial products and services, such as mortgages, credit cards, student loans, and payday loans. One of the main objectives of the CFPB is to promote transparency, fairness, and consumer choice in the financial marketplace. The CFPB has issued rules and guidance to require financial institutions to provide clear and accurate information to consumers about the costs, risks, and benefits of their products and services. The CFPB also has the power to enforce consumer protection laws and prohibit unfair, deceptive, or abusive acts or practices by financial institutions123 References: 1: Dodd-Frank Wall Street Reform and Consumer Protection Act, Title X, Subtitle A, Section 1011. 2: Consumer Financial Protection Bureau, Wikipedia. 3: Dodd-Frank Act: What It Does, Major Components, and Criticisms, Investopedia.

 The law that ACME violated by designing the service to prevent access to the information by a law enforcement agency is the Communications Assistance for Law Enforcement Act (CALEA)1. CALEA is a federal law that requires telecommunications carriers and manufacturers of telecommunications equipment to design their equipment, facilities, and services to ensure that they have the necessarysurveillance capabilities to comply with legal requests for interception of communications2. CALEA applies to all commercial messages, including text messages, and gives law enforcement agencies the authority to subpoena the records of such communications from the service providers3. By encrypting its text message records so that only the suspect could access this data, ACME violated CALEA’s duty to cooperate in the interception of communications for law enforcement purposes. References: 1: Communications Assistance for Law Enforcement Act - Wikipedia2: Home | CALEA® | The Commission on Accreditation for Law Enforcement Agencies, Inc.3: Communications Assistance for Law Enforcement Act : IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 6: Law Enforcement and National Security Access, p. 177