CISSP-ISSMP Question #35: Real Exam Question with Answer & Explanation

Question

Which of the following acts is a specialized privacy bill that affects any educational institution to accept any form of funding from the federal government?

Options

• AHIPAA
• BCOPPA
• CFERPA
• DGLBA

Explanation

The Family Educational Rights and Privacy Act (FERPA) is a United States federal law. The regulations provide that educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education must provide students with access to their education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. This privacy policy also governs how state agencies transmit testing data to federal agencies. FERPA specifically excludes employees of an educational institution if they are not students. The act is also referred to as the Buckley Amendment, named for one of its proponents, Senator James L. Buckley of New York. Answer option A is incorrect. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was enacted by the U.S. Congress in 1996. According to the Centers for Medicare and Medicaid Services (CMS) Website, Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. This is intended to help people keep their information private, though in practice it is normal for providers and health insurance plans to require the waiver of HIPAA rights as a condition of service. The Administration Simplification provisions also address the security and privacy of health data. The standards are meant to improve the efficiency and effectiveness of the nation's health care system by encouraging the widespread use of electronic data interchange in the U.S. health care system. Answer option D is incorrect. The Gramm-Leach-Bliley Act (GLBA) is also known as the Financial Services Modernization Act of 1999. It is an act of the 106th United States Congress (1999-2001) signed into law by President Bill Clinton which repealed part of the Glass-Steagall Act of 1933, opening up the market among banking companies, securities companies and insurance companies. The Gramm-Leach-Bliley Act allowed commercial banks, investment banks, securities firms, and insurance companies to consolidate. This law also provides regulations regarding the way financial institutions handle private information belongings to their clients. Answer option B is incorrect. The Children's Online Privacy Protection Act is a United States federal law. This law applies to the online collection of personal information by persons or entities under U.S. jurisdiction from children under 13 years of age. It details what a Website operator must include in a privacy policy, when and how to seek verifiable consent from a parent or guardian, and what responsibilities an operator has to protect children's privacy and safety online including restrictions on the marketing to those under 13. The Federal Trade Commission has the authority to issue regulations and enforce COPPA. Also under the terms of COPPA, the FTC designated 'safe harbor' provision is designed to encourage increased industry self-regulation.

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