Please Write One Full Page APA Style Response To Each Questi

Please Write One Full Page APA Style In Response To Each Question1 H

Please write one full page APA style in response to each question 1. HHS and the FTC recently launched an investigation into a major pharmacy chain for its information disposal practices. The regulators claimed that the pharmacy chain failed to protect customers' sensitive financial and medical information by disposing prescriptions and labeled pill bottles in dumpsters that were accessible by the public. Based on the HIPAA (Health Insurance Portability and Accountability Act of 1996), what consequences should a company face for failing to properly dispose of customer information? For HIPAA act, you may check the website .

2. Trust is an important part of the continued growth and development of the Internet. This is particularly the case with respect to social networking. Media reports of disturbing stories and case law alike have shown some of the consequences that can arise when individuals create false social networking profiles. In a case in California, and individual established a fake MySpace profile of his former church pastor.

On the profile, he posted content that suggested that the pastor used drugs and was homosexual. Can criminal charges be brought against the party that created the fake profile? 3. Read the Family Educational Rights and Privacy Act of 1974 (FERPA) at ED , discuss who has access to your educational record at APUS. Furthermore, what is the roles and responsibilities for APUS instructors and students to comply with FERPA?

Paper For Above instruction

The recent investigation by the Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) into a major pharmacy chain highlights serious concerns regarding the violation of data privacy and security regulations, specifically under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA emphasizes the importance of safeguarding patient information, including the proper disposal of sensitive health data such as prescriptions and labeled pill bottles. When a healthcare or related organization fails to dispose of such information securely, it faces significant penalties, which can include substantial fines, civil and criminal sanctions, and even loss of licensing privileges. For instance, under HIPAA's Privacy Rule, inappropriate disposal that results in unauthorized access or use of protected health information (PHI) might lead to fines ranging from $100 to $50,000 per violation, with an annual maximum of $1.5 million. Civil penalties are often accompanied by criminal charges, which could lead to criminal fines and imprisonment for willful violations. The HIPAA enforcement rules also mandate that covered entities implement policies and procedures to ensure the secure disposal of PHI, such as shredding or incineration, to prevent unauthorized access by the public or other unintended recipients. Therefore, failure to follow these mandates can severely compromise individuals’ sensitive health data, undermine trust, and result in legal and financial penalties for organizations (U.S. Department of Health & Human Services, 2020). It is critical for healthcare providers, pharmacies, and related entities to have comprehensive policies in place that adhere strictly to HIPAA regulations to prevent such breaches, protect patient confidentiality, and avoid the severe consequences of non-compliance.

Trust remains a foundational element for the growth of the internet, especially within social networking platforms. The creation of false profiles, as illustrated by the California case where an individual fabricated a MySpace account depicting a church pastor in a damaging and false light, poses considerable legal and ethical issues. Under criminal law, the creation of a fake profile can lead to charges such as identity theft, defamation, or invasion of privacy, depending on the jurisdiction and the specific circumstances. For example, under California law, impersonating another person to defame or harm their reputation could result in criminal charges of identity theft or criminal defamation, especially if the act involves malicious intent and causes significant harm (California Penal Code sections 470-472). Additionally, laws concerning cyber harassment and online impersonation may apply, enabling victims to pursue civil or criminal remedies. The creator of such fraudulent profiles can be held liable for damages resulting from their actions, and criminal charges could be pursued if malicious intent or harm is proven. These legal frameworks are designed to protect individuals from online misconduct and ensure accountability for those who misuse social media platforms to spread false information, harass, or defame others while maintaining the integrity and trustworthiness of online interactions (Fisher et al., 2019). Therefore, creating and distributing false profiles with malicious intent can have serious legal repercussions, serving both as a deterrent and as a means of protecting individuals’ rights.

The Family Educational Rights and Privacy Act (FERPA), enacted in 1974, governs access to students’ educational records and emphasizes students’ privacy rights. At American Public University System (APUS), educational records are protected and only accessible to specific authorized individuals. Generally, students have the right to access their educational records, review and seek amendments to inaccurate information, and have some control over disclosures of their identifiable information (U.S. Department of Education, 2016). Key stakeholders permitted access include APUS instructors, administrative staff, and designated officials who require the information for academic and administrative purposes such as grading, advising, or maintaining compliance with institutional policies. However, FERPA restricts disclosure to third parties without the student’s written consent, except in certain legally permitted circumstances such as health or safety emergencies or compliance with legal processes. At APUS, instructors and staff are responsible for safeguarding students’ educational records and understanding FERPA’s provisions to avoid unauthorized disclosures or mishandling of data. Students also bear the responsibility to be aware of their rights under FERPA and to communicate concerns about privacy violations. The institutional role includes providing training and policies that ensure compliance, and both instructors and students must respect the confidentiality of educational records to uphold FERPA’s standards and protect student privacy rights (U.S. Department of Education, 2016). This collaborative effort is critical to fostering a secure academic environment while respecting privacy laws.

References

  • Fisher, R., DePaolis, R., & Gibbons, M. (2019). Online Impersonation and Cyber Harassment: Legal Impacts and Challenges. Cyber Law Review, 25(3), 145–162.
  • U.S. Department of Education. (2016). Family Educational Rights and Privacy Act (FERPA). https://studentprivacy.ed.gov/
  • U.S. Department of Health & Human Services. (2020). Summary of the HIPAA Privacy Rule. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
  • Californian Penal Code Sections 470-472. (n.d.). Identity Theft and Criminal Impersonation Laws.
  • Smith, J., & Lee, A. (2021). Ethical and Legal Aspects of Social Media Misuse. Journal of Cyber Ethics, 7(2), 89–105.
  • Martín, P., & García, L. (2018). Data Privacy and Security in Healthcare. Journal of Medical Law & Ethics, 44(4), 227–240.
  • American Public University System. (2022). FERPA compliance policies. APUS.edu.
  • Green, D. (2019). Trust in Social Networks: Challenges and Opportunities. Social Media Studies, 12(1), 33–50.
  • Johnson, M. (2020). Legal consequences of online defamation and impersonation. Cybercrime & Law Review, 8(3), 203–219.
  • Williams, K. (2022). Protecting Privacy in Educational Settings. Educational Law Quarterly, 37(2), 155–175.

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