CIPP-US VCE Exam Download

Phishing is a form of social engineering that involves sending fraudulent emails or other messages that appear to come from a legitimate source, but are designed to trick recipients into revealing sensitive information, such aspasswords, account numbers, or personal identifiers1. Phishing is one of the most common and effective methods of cyberattacks, and it can lead to data breaches, identity theft, ransomware infections, or other serious consequences2. Therefore, training on how to recognize and avoid phishing attempts is crucial for any organization that handles sensitive data, especially ePHI, which is subject to strict regulations under HIPAA3. Training on techniques for identifying phishing attempts can help employees to spot the signs of a phishing email, such as:

Sender’s address or domain name that does not match the expected source or contains spelling errors4

Generic salutations or impersonal tone that do not address the recipient by name or use proper grammar4

Urgent or threatening language that creates a sense of pressure or fear and asks the recipient to take immediate action, such as clicking on a link, opening an attachment, or providing information4

Suspicious links or attachments that may contain malware or lead to fake websites that mimic the appearance of a legitimate site, but have a different URL or request login credentials or other data4

Requests for sensitive information that are unusual or out of context, such as asking for passwords, account numbers, or personal identifiers that the sender should already have or should not need4

Training on techniques for identifying phishing attempts can also help employees to learn how to respond to a phishing email, such as:

Not clicking on any links or opening any attachments in the email4

Not replying to the email or providing any information to the sender4

Reporting the email to the IT department or security team and deleting it from the inbox4

Verifying the legitimacy of the email by contacting the sender directly using a different channel, such as phone or another email address4

Updating the antivirus software and scanning the device for any malware infection4

Training on techniques for identifying phishing attempts is the most effective kind of training that CloudHealth could have given its employees to help prevent this type of data breach, because it would have enabled them to recognize the phishing email that compromised the PHI of more than 10,000 HealthCo patients, and to avoid falling victim to it. Training on the terms of the contractual agreement with HealthCo, the difference between confidential and non-public information, or CloudHealth’s HR policy regarding the role of employees involved in data breaches, while important, would not have been as effective in preventing this specific type of data breach, because they would not have addressed the root cause of the breach, which was the phishing email.

References:

1: IAPP, Phishing, https://iapp.org/resources/glossary/phishing/

2: SpinOne, The Top 5 Phishing Awareness Training Providers 2023, https://spinbackup.com/blog/phishing-awareness-training-best-providers/

3: IAPP, HIPAA, https://iapp.org/resources/glossary/hipaa/

4: Expert Insights, The Top 11 Phishing Awareness Training and Simulation Solutions, https://expertinsights.com/insights/the-top-11-phishing-awareness-training-and-simulation-solutions/

The Telemarketing Sales Rule (TSR) is a federal regulation that applies to telemarketing calls, which are defined as "a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call."1 The TSR requires telemarketers to make specific disclosures, prohibit misrepresentations, limit the times and number of calls, and set payment restrictions for the sale of certain goods and services. TheTSR also gives consumers the right to opt out of receiving telemarketing calls by registering their phone numbers on the National Do Not Call Registry.2

The TSR applies to both for-profit and not-for-profit organizations, but there are some exemptions and partial exemptions for certain types of entities, calls, and transactions. For example, the TSR does not apply to nonprofit organizations calling on their own behalf, as they are not considered to be engaged in telemarketing. However, if a nonprofit organization hires a for-profit telemarketer or telefunder to solicit charitable contributions on its behalf, the for-profit entity must comply with the TSR, as it is engaged in telemarketing. Similarly, the TSR does not apply to for-profit organizations calling businesses when a binding contract exists between them, as they are not considered to be inducing the purchase of goods or services. However, if a for-profit organization calls businesses to sell additional services to established customers, the TSR applies, as it is considered to be inducing the purchase of goods or services.3

Therefore, among the four options, only for-profit organizations and for-profit telefunders regarding charitable solicitations must comply with the TSR, as they are engaged in telemarketing and do not fall under any of the exemptions or partial exemptions. References: 1: eCFR :: 16 CFR Part 310 – Telemarketing Sales Rule3, Section 310.22: Telemarketing Sales Rule | Federal Trade Commission1, Rule Summary3: Complying with the Telemarketing Sales Rule - Federal Trade Commission2, Exemptions to the TSR.

According to the FTC report, the most important directive for businesses is to adopt a “privacy by design” approach, which means integrating privacy protections throughout the entire product lifecycle, from initial design to disposal. This includes implementing reasonable security measures, collecting only the data needed for a specific purpose, retaining data only as long as necessary, and safely disposing of data that is no longer needed. The FTC report also recommends that businesses provide clear and transparent privacy notices, offer consumers meaningful choices about how their data is used, and increase their accountability for data practices. References: FTC Report, IAPP CIPP/US Study Guide (p. 32-33)

When selecting a vendor to manage personal information, the company should consider various criteria, such as the vendor’s reputation, financial health, employee training program, privacy policies, security practices, compliance record, contractual terms, and service quality. However, the vendor’s employee retention rates may not be as important as the other factors, as they do not directly affect the vendor’s ability to protect and process the personal information entrusted to them. While high employee turnover may indicate some issues with the vendor’s management or culture, it may not necessarily impact the vendor’s performance or reliability, as long as the vendor has adequate measures to ensure continuity, accountability, and confidentiality of the personal information they handle. References:

Vendor Selection Process: a Step-by-Step Guide, section “Step 2: Define the vendor selection criteria”

[IAPP CIPP/US Study Guide], p. 81-82, section 3.4.1

[IAPP CIPP/US Body of Knowledge], p. 18-19, section C.2.a