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42. Which of the following would carry the least weight during briefing and oral

ID: 3714618 • Letter: 4

Question

42. Which of the following would carry the least weight during briefing and oral argument at the
International Court of Justice ("ICJ")?
A. Customs relating to territorial discovery.
B. Vienna Convention on Consular Relations.
C. An Advisory Opinion issued by the ICJ.
D. Brownlie's Principles of Public International Law by James Crawforrd.
Questions 43 through 45 pertain to the following fact pattern:
Fox Mulder and Dana Scully go to their neighborhood pharmacy in Quantico, Virginia to fill a
prescription for anti-anxiety medication after years of handling incredibly unusual federal
investigations with the FBI . When asked by Dr. Walter Skinner, Mulder hands him his
prescription and insurance identification card. Dr. Skinner provides Mulder with the proper dose
and type of medication as indicated on the prescription, but inadvertently forgets to give Mulder
back his insurance identification card. One week later, a Cigarette Smoking Man, another patron
of the pharmacy, finds Mulder’s insurance card in his medication bag, calls the pharmacy using
the contact number posted on the pharmacy's website, and returns the insurance identification
card to the pharmacy. The pharmacy promptly returns the card to Mulder during the next
business day before Mulder heads to the Pacific Northwest to investigate a Bigfoot sighting.
43. Has a violation of the Health Insurance Portability and Accountability Act occurred?
A. No, the insurance identification card was safely returned to Mulder within a reasonable
amount of time.
B. No, the insurance identification card does not constitute protected health information.
C. Yes, because any disclosure of protected health information is a violation.
D. Yes, because loss of the insurance identification card created a significant risk of harm to the
patient.
44. Did the pharmacy commit a violation of HIPAA's Privacy Rule?
A. No, the insurance identification card does not constitute protected health information.
B. No, the insurance identification card was disclosed in connection with treatment, payment, or
health care operations.
C. Yes, the pharmacy never has authority to retain an insurance identification card.
D. Yes, the insurance identification card was disclosed to a third party without any facts to
demonstrate Mulder’s authorization.
45. Which of the following is required of the pharmacy by HIPAA?
A. The pharmacy must have a notice on its website informing customers about how they may
file a complaint with the Office for Civil Rights and the Department of Health and Human
Services.
B. The pharmacy must encrypt all protected health information.
C. The pharmacy must notify Mulder within 10 business days of the data breach.
D. The pharmacy must report the data breach to the secretary of Health and Human Services
within 60 days of the discovery of the breach.
46. Which of the following is not a privacy/security law?
A. TCPA
B. HIPPA
C. GLBA
D. FCRA
47. Under the Computer Fraud and Abuse Act, which of the following actions does not
constitute accessing a protected computer without authorization or in excess of authorization?
A. Creating a fictitious social media account using photographs of another person.
B. Stealing the username and password credentials for a competing company’s employee and
using those credentials to enter a company database.
C. Viewing files on an unprotected laptop used by a home healthcare professional during the
professional’s home visit to you.
D. All of the above actions constitute accessing a protected computer without authorization or in
excess of authorization.
48. Although the Video Privacy Protection Act applies explicitly to “video cassette tapes and or
similar audio visual materials,” courts have interpreted the law to apply to which of the following
media?
A. Music exchanges.
B. Video streaming services.
C. E-books.
D. Digital magazine subscriptions.

Explanation / Answer

42. Which of the following would carry the least weight during briefing and oral argument at the
International Court of Justice ("ICJ")?
Answer : C. An Advisory Opinion issued by the ICJ.


43. Has a violation of the Health Insurance Portability and Accountability Act occurred?
Answer : A. No, the insurance identification card was safely returned to Mulder within a reasonable
amount of time.

44. Did the pharmacy commit a violation of HIPAA's Privacy Rule?
Answer : B. No, the insurance identification card was disclosed in connection with treatment, payment, or
health care operations.

45. Which of the following is required of the pharmacy by HIPAA?
Answer: D. The pharmacy must report the data breach to the secretary of Health and Human Services
within 60 days of the discovery of the breach.

46. Which of the following is not a privacy/security law?
A.TCPA
Its a public law

47. Under the Computer Fraud and Abuse Act, which of the following actions does not
constitute accessing a protected computer without authorization or in excess of authorization?
Answer : B. Stealing the username and password credentials for a competing company’s employee and
using those credentials to enter a company database.

48. Although the Video Privacy Protection Act applies explicitly to “video cassette tapes and or
similar audio visual materials,” courts have interpreted the law to apply to which of the following
media?
Answer : D. Digital magazine subscriptions.

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