Understanding HIPAA, FERPA, and Data Privacy Regulations
School
American Military University**We aren't endorsed by this school
Course
ITMG 281
Subject
Law
Date
Dec 11, 2024
Pages
4
Uploaded by Jamesparker0610
1Assignment #7Assignment #7Tracey FosterAmerican Military UniversityITMG281: Law, Privacy and Digital DataDr. Sang NgunyenNovember 24, 2024
2Assignment #7Chapter 12Inadequate disposal of consumer data in accordance with HIPAA may result in severe repercussions for organizations. The OCR under the Health and Human Services Act may levy civil fines between $100 to $50,000 for each infraction, with a maximum annual cap of 1.5 million dollars for repeated offenses (HIPAA Compliance and Enforcement, 2017). Deliberate negligence or deliberate abuse of PHI may incur legal penalties, including fines of as much as $250,000 along with incarceration for a maximum of 10 years. Additionally, organizations could be required to execute corrective measures plans, which might include policy revisions, employee education, and audits of compliance to rectify any flaws (HIPAA Compliance and Enforcement, 2017).Improper management of customer data might result in consequences beyond just economic and legal consequences. It may also damage the image of a business and result in a decline of client trust and revenue. Furthermore, impacted consumers may choose to pursue compensation via civil litigation. Should a pharmacy company under scrutiny by HHS and the FTC (Federal Trade Commission) turn out to be in violation of the laws governing HIPAA because of improperly disposing of prescriptions and accessible identified pill containers, it might be subject to these severe penalties.Chapter 13Indeed, criminal charges may be filed against the person who created the fraudulent profile. California has several laws that may pertain to such conduct. Defamation, characterized by the dissemination of false assertions that harm an individual's reputation, may be prosecuted criminally, while it is often addressed as a civil issue. Identity theft, as delineated in California
3Assignment #7Penal Code Section 530.5, is the unauthorized use of an individual's personal identifying information for illicit purposes (Cal. Penal Code § 530.5, n.d.). Establishing a fraudulent profile using the pastor's identification and disseminating detrimental information may constitute identity theft (California Legislative Information, n.d.). California Penal Code Section 646.9 addresses harassment and cyberstalking, including electronic harassment that causes substantial emotional distress (Cal. Penal Code § 646.9, n.d.). Establishing a fraudulent profile including detrimental assertions may lead to prosecution under these statutes. FERPAStudents in the American Public University System (APUS) have the right to access and seek modifications to their educational records in accordance with the Family Educational Rightsand Privacy Act of 1974 (FERPA | Protecting Student Privacy, n.d.), while retaining authority over disclosure. Student records are accessible to students, school administrators with genuine educational interests, parents of dependent students, and other parties with student agreement, subject to certain legal exclusions. APUS teachers are responsible for safeguarding confidentiality, effectively overseeing requests for information, completing FERPA training, and ensuring accurateness of documentation. Students must understand their rights, agree with data sharing, and protect their confidential data in order to comply with FERPA (FERPA | Protecting Student Privacy, n.d.).
4Assignment #7ReferenceCal. Penal Code § 530.5. (n.d.). https://california.public.law/codes/ca_penal_code_section_530.5Cal. Penal Code § 646.9. (n.d.). https://california.public.law/codes/ca_penal_code_section_646.9FERPA | Protecting Student Privacy. (n.d.). https://studentprivacy.ed.gov/ferpaHIPAA Compliance and Enforcement. (2017, July 25). U.S. Department of Health And Human Services. https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/index.html