IAPP CIPP-US Dumps Questions Answers

The GLBA prohibits financial institutions from disclosing a consumer’s account number or similar form of access number or access code to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. This restriction is intended to prevent unauthorized access to a person’s bank account by third parties who may use the account number to initiate fraudulent transactions or identity theft. The GLBA also requires financial institutions to implement safeguards to protect the security, confidentiality, and integrity of customer information, and to notify customers and regulators in the event of a security breach involving such information. References:

• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 2: Limits on Private-sector Collection and Use of Data, Section 2.3: Financial Privacy, p. 49-50
• IAPP CIPP/US Body of Knowledge, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financial institutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 14
• IAPP CIPP/US Exam Blueprint, Domain II: Limits on Private-sector Collection and Use of Data, Objective II.C: Identify the privacy requirements for financialinstitutions, Subobjective II.C.2: Identify the restrictions on disclosure of account numbers, p. 5

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, such as the birth or adoption of a child,the serious health condition of the employee or a family member, or a qualifying exigency arising from the employee’s spouse, child, or parent being on covered active duty or call to covered active duty status in the Armed Forces. The FMLA also provides eligible employees with up to 26 weeks of unpaid, job-protected leave per year to care for a covered service member with a serious injury or illness if the employee is the spouse, child, parent, or next of kin of the service member. The FMLA applies to all public agencies, including state, local, and federal employers, and local education agencies (schools), and to private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year.

The FMLA often requires employers to collect medical information from employees who request FMLA leave or from their health care providers to certify the need for leave, the duration of leave, and the employee’s ability to return to work. The FMLA regulations specify the type and amount of information that employers may request and require for different types of FMLA leave, such as:

• Basic medical facts, such as the diagnosis, symptoms, hospitalization, doctor visits, whether medication has been prescribed, and any referrals for evaluation or treatment, for the employee’s own serious health condition or that of a family member.
• Information on the medical necessity of intermittent leave or reduced schedule leave and the expected frequency and duration of such leave, for the employee’s own serious health condition or that of a family member, or for planned medical treatment.
• A statement of the facts regarding the qualifying exigency, such as the type of military duty, the dates of the covered active duty, and the contact information of the military member, for leave due to a qualifying exigency arising from the employee’s spouse, child, or parent being on covered active duty or call to covered active duty status in the Armed Forces.
• Information on the medical condition, treatment, and recovery of the covered service member, such as the date of injury or onset of illness, the current medical status, the prognosis, and the estimated time of treatment, for leave to care for a covered service member with a serious injury or illness.

The FMLA also imposes certain obligations on employers to protect the privacy and security of the medical information they collect from employees or their health care providers. For example, employers must:

• Maintain records and documents relating to medical certifications, recertifications, or medical histories of employees or employees’ family members as confidential medical records in separate files/records from the usual personnel files, and if the Americans with Disabilities Act (ADA) applies, such records must be maintained in conformance with ADA confidentiality requirements.
• Ensure that any electronic systems used to maintain such records meet the confidentiality requirements of the FMLA and the ADA, and that only authorized persons have access to such records.
• Limit the disclosure of such records to supervisors and managers who need to know about an employee’s FMLA leave, first aid and safety personnel when an employee’s medical condition might require emergency treatment, and government officials investigating compliance with the FMLA.
• Comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule when requesting medical information from an employee’s health care provider, such as obtaining a valid authorization from the employee or using a HIPAA-compliant certification form.
• Refrain from requesting more information than allowed by the FMLA regulations, such as asking for an employee’s complete medical records or information unrelated to the FMLA leave request.
• Respect the employee’s right to revoke a medical authorization or challenge a medical certification, and follow the procedures for resolving disputes over the validity or sufficiency of such documents.

References:

• The Family and Medical Leave Act (FMLA)
• FMLA Employee Guide
• FMLA Employer Guide
• FMLA Regulations
• FMLA Forms

The FCRA requires that an employer who takes an adverse action against an applicant or employee based on information in a consumer report must provide a notice of the adverse action to the individual. The notice must include the name, address, and phone number of the CRA that supplied the report; astatement that the CRA did not make the decision and cannot explain why the adverse action was taken; a notice of the individual’s right to dispute the accuracy or completeness of the information in the report; and a notice of the individual’s right to obtain a free copy of the report from the CRA within 60 days12. References:

• CIPP/US Practice Questions (Sample Questions), Question 141, Answer A, Explanation A.
• IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 4, Section 4.2, p. 101-102.
• Fair Credit Reporting Act (FCRA), Section 615, Subsection (a).