Ch. 4 Flashcards
Information privacy is the combination of
communications privacy
data privacy
The Fourth Amendment reads
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Right to Financial Privacy Act
protects the financial records of financial institution customers from unauthorized scrutiny by the federal government.
The Fair and Accurate Credit Transaction Ac
llows consumers to request and obtain a free credit report each year from each of the three consumer credit reporting agencies.
The American Recovery and Reinvestment Act
included strong privacy provisions for EHRs, including banning the sale of health information, promoting the use of audit trails and encryption, and providing rights of access for patients. It also mandated that each individual whose health information has been exposed be notified within 60 days after discovery of a data breach.
FERPA (Family Educational Rights and Privacy Act)
provides students and their parents with specific rights regarding the release of student records.
COPPA (Children’s Online Privacy Protection Act)
equires websites that cater to children to offer comprehensive privacy policies, notify parents or guardians about their data collection practices, and receive parental consent before collecting any personal information from children under the age of 13.
Foreign Intelligence Surveillance Act (FISA) Court
describes procedures for the electronic surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers.
Executive Order 12333
identifies the various government intelligence-gathering agencies and defines what information can be collected, retained, and disseminated by the agencies. It allows for the tangential collection of U.S. citizen data—even when those citizens are not specifically targeted.
ECPA (Electronic Communications Privacy Act)
deals with the protection of communications while in transit from sender to receiver; the protection of communications held in electronic storage; and the prohibition of devices from recording dialing, routing, addressing, and signaling information without a search warrant.
CALEA (Communications Assistance for Law Enforcement Act)
requires the telecommunications industry to build tools into its products that federal investigators can use—after gaining a court order—to eavesdrop on conversations and intercept electronic communications.
The USA PATRIOT Act
modified 15 existing statutes and gave sweeping new powers both to domestic law enforcement and to international intelligence agencies, including increasing the ability of law enforcement agencies to eavesdrop on telephone communication, intercept email messages, and search medical, financial, and other records; the act also eased restrictions on foreign intelligence gathering in the United States.
The Foreign Intelligence Surveillance Act Amendments Act of 2004
authorized intelligence gathering on individuals not affiliated with any known terrorist organization
The Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
granted the NSA expanded authority to collect, without court-approved warrants, international communications as they flow through the U.S. telecommunications equipment and facilities.
The PATRIOT Sunsets Extension Act
granted a four-year extension of provisions of the USA PATRIOT Act that allowed roving wiretaps and searches of business records
