CIPP-US Glossary Flashcards
This term describes a control on an ACL that is used to prevent unauthorized persons from accessing a particular object.
Access Control Entry (ACE)
Traditionally, this has been an FIPP, that due diligence and reasonable steps will be undertaken to ensure that personal information will be protected and handled consistently with relevant law and other fair use principles.
Accountability
A transfer of personal data from the EU to a third country or an international organization may take place where the European Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organization in question, ensures an ___________ _____________ of ______________, which involves taking into account elements including the rule of law, respect for human rights and fundamental freedoms, both general and sectoral legislation, data protection rules, professional rules and security measures, effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data is being transferred.
Adequate Level of Protection
A transfer of personal data from the EU to a third country or an international organization may take place where the European Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organization in question, ensures an ___________ _____________ of ______________, which involves taking into account elements including the existence and effective functioning of independent supervisory authorities with responsibility for ensuring and enforcing compliance with the data protection rules.
Adequate Level of Protection
A transfer of personal data from the EU to a third country or an international organization may take place where the European Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organization in question, ensures an ___________ _____________ of ______________, which involves taking into account elements including the international commitments the third country or international organization concerned has entered into in relation to the protection of personal data.
Adequate Level of Protection
Under the Fair Credit Reporting Act, the term ___________ _____________ is defined very broadly to include all business, credit and employment actions affecting consumers that can be considered to have a negative impact, such as denying or canceling credit or insurance, or denying employment or promotion.
Adverse Action
No _________ ___________ occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer. Such an action requires that the decision maker furnish the recipient with a copy of the credit report leading to the action.
Adverse Action
______________________________ is a fair information practice principle included in the OECD Guidelines, APEC Privacy Framework, and Madrid Resolution, and includes the due diligence and reasonable steps an organization undertakes to protect an individual’s personal information and handle the information according to relevant laws and fair use principles.
Accountability
A U.S. professional organization of certified public accountants and co-creator of the WebTrust seal program.
American Institute of Certified Public Accountants (AICPA)
A U.S. law that bars discrimination against qualified individuals with disabilities.
Americans with Disabilities Act
________________ includes the organization’s responsibility to maintain accurate data in relation to the purpose for which it is collected and used, as well as its responsibility to respond to record correction requests from data subjects.
Accuracy
A set of laws that are indications of special classes of personal data. If there exists laws protecting against discrimination based on a class or status, it is likely personal information relating to that class or status is subject to more stringent data protection regulation, under the GDPR or otherwise.
Anti-Discrimination Laws
A set of non-binding principles adopted by the Asia-Pacific Economic Cooperative (APEC) that mirror the OECD FIPPs. Though based on OECD Guidelines, they seek to promote electronic commerce throughout the Asia-Pacific region by balancing privacy with business needs.
APEC Privacy Principles
Organizations may want to verify an applicant’s ability to function in the working environment as well as assuring the safety and security of existing workers.
Background Screening / Checks
The implementation of appropriate technical and organizational measures to ensure and be able to demonstrate that the handling of personal data is performed in accordance with relevant law, an idea codified in the EU GDPR and other frameworks, including APEC’s Cross Border Privacy Rules.
Accountability
These range from checking a person’s educational background to checking on past criminal activity. Employee consent requirements for such checks vary by member state and may be negotiated with local work councils.
Background Screening / Checks
A U.S. federal law that requires U.S. financial institutions and money services businesses (MSBs), which are entities that sell money orders or provide cash transfer services, to record, retain and report certain financial transactions to the federal government. This requirement is meant to assist the government in the investigation of money laundering, tax evasion, terrorist financing and various other domestic and international criminal activities.
Bank Secrecy Act (BSA)
Advertising that is targeted at individuals based on the observation of their behaviour over time. Most often done via automated processing of personal data, or profiling. The General Data Protection Regulation requires that data subjects be able to opt-out of any automated processing, to be informed of the logic involved in any automatic personal data processing and, at least when based on profiling, be informed of the consequences of such processing.
Behavioral Advertising
aka Online Behavioral Advertising (OBA); Behavioral Targeting
If cookies are used to store or access information for the purposes of this type of advertising, the ePrivacy Directive requires that data subjects provide consent for the placement of such cookies, after having been provided with clear and comprehensive information.
Behavioral Advertising
aka Online Behavioral Advertising (OBA); Behavioral Targeting
An appropriate safeguard allowed by the General Data Protection Regulation to facilitate cross-border transfers of personal data between the various entities of a corporate group worldwide. They do so by ensuring that the same high level of protection of personal data is complied with by all members of the organizational group by means of a single set of binding and enforceable rules.
Binding Corporate Rules (BCRs)
__________ _________ _______ compel organizations to be able to demonstrate their compliance with all aspects of applicable data protection legislation and are approved by a member state data protection authority. To date, relatively few organizations have had these approved.
Binding Corporate Rules (BCRs)
Previously, the EU distinguished between Binding Corporate Rules for controllers and __________ _________ ___________ ________ for processors. With the General Data Protection Regulation, there is now no distinction made between the two in this context and Binding Corporate Rules are appropriate for both.
Binding Safe Processor Rules (BSPRs)
What does the acronym AICPA stand for?
American Institute of Certified Public Accountants
The requirement that an organization notify regulators and/or victims of incidents affecting the confidentiality and security of personal data. The requirements in this arena vary wildly by jurisdiction. It is a transparency mechanism that highlights operational failures, which helps mitigate damage and aids in the understanding of causes of failure.
Breach Disclosure
Use of employees’ own personal computing devices for work purposes.
Bring Your Own Device (BYOD)
A California state law that requires employers to notify applicants and employees of their intention to obtain and use a consumer report.
California Investigative Consumer Reporting Agencies Act (CICRAA)
Principles of law that have been established by judges in past decisions. When similar issues arise again, judges look to the past decisions as precedents and decide the new case in a manner that is consistent with past decisions.
Case Law
The ____________ Privacy Principles is a set of non-binding principles similar to the OECD FIPs.
APEC
Originally an acronym for “closed circuit television,” this term has come to be shorthand for any video surveillance system. Originally, such systems relied on coaxial cable and were truly only accessible on premise. Today, most surveillance systems are hosted via TCP/IP networks and can be accessed remotely, and the footage much more easily shared, eliciting new and different privacy concerns.
CCTV
The acronym APEC stands for _______________ - ______________ _______________ _____________________.
Asian-Pacific Economic Cooperative
A U.S. federal law that applies to the operators of commercial websites and online services that are directed to children under the age of 13. It also applies to general audience websites and online services that have actual knowledge that they are collecting personal information from children under the age of 13.
Children’s Online Privacy Protection Act (COPPA) of 1998
This federal law requires website operators to post a privacy notice on the homepage of their website; provide notice about collection practices to parents; obtain verifiable parental consent before collecting personal information from children; give parents a choice as to whether their child’s personal information will be disclosed to third parties; provide parents access and the opportunity to delete the child’s personal information and opt out of future collection or use of the information, and maintain the confidentiality, security and integrity of personal information collected from children.
Children’s Online Privacy Protection Act (COPPA) of 1998
In the context of consent, this refers to the idea that consent must be freely given and that data subjects must genuinely have this to decide as to whether to provide personal data or not. If this is not in place, it is unlikely the consent will be deemed valid under the General Data Protection Regulation.
Choice
The provision of information technology services over the Internet. These services may be provided by a company for its internal users in a “private cloud” or by third-party suppliers. The services can include software, infrastructure (i.e., servers), hosting and platforms (i.e., operating systems). This technology has numerous applications, from personal webmail to corporate data storage, and can be subdivided into different types of service models.
Cloud Computing
A fair information practices principle, it is the principle stating there should be limits to the collection of personal data, that any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
Collection Limitation
Any form of electronic messaging, including e-mail, SMS text messages and messages sent via social networking about which it would be reasonable to conclude its purpose is to encourage participation in a commercial activity. Examples include electronic messages that offer to purchase, sell, barter or lease products, goods, services, land or an interest or right in land; offers to provide a business, investment or gaming opportunity; advertises or promotes anything previously mentioned.
Commercial Electronic Message
Under Canada’s PIPEDA, this refers to any particular transaction, act or conduct, or any regular course of conduct, that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists. Non-profit associations, unions and private schools are likely to be found to exist outside of this definition.
Commercial Activity
Unwritten legal principles that have developed over time based on social customs and expectations.
Common Law
One of the four classes of privacy, along with information privacy, bodily privacy and territorial privacy. It encompasses protection of the means of correspondence, including postal mail, telephone conversations, electronic e-mail and other forms of communicative behavior and apparatus.
Communications Privacy
Laws that govern the collection, use and dissemination of personal information in the public and private sectors.
Comprehensive Laws (aka Omnibus Laws)
The discipline of assessing and examining an information system for relevant clues even after it has been compromised by an exploit.
Computer Forensics
Data should be protected against unauthorized or unlawful processing. The General Data Protection Regulation requires that an organization be able to ensure the ongoing __________, integrity, availability and resilience of processing systems and services as part of its requirements for appropriate security.
Confidentiality
The GDPR requires that persons authorized to process the personal data have committed themselves to, or are under an appropriate statutory obligation of, ______________.
Confidentiality
An email approach where email marketers send a confirmation email requiring a response from the subscriber before the subscriber receives the actual marketing e-mail.
Confirmed Opt-In
aka Double Opt-In
This privacy requirement is one of the fair information practices. Individuals must be able to prevent the collection of their personal data, unless the disclosure is required by law. If an individual has choice about the use or disclosure of his or her information, this is the individual’s way of giving permission for the use or disclosure. It may be affirmative; i.e., opt-in; or implied; i.e., the individual didn’t opt out.
Consent
A requirement that an individual ““signifies”” his or her agreement with a data controller by some active communication between the parties.
Affirmative/Explicit Consent
Arises where agreement may reasonably be inferred from the action or inaction of the individual.
Implicit Consent
aka Implied Consent
A judgment entered by consent of the parties. Typically, the defendant agrees to stop alleged illegal activity and pay a fine, without admitting guilt or wrongdoing. This legal document is approved by a judge and formalizes an agreement reached between a U.S. federal or state agency and an adverse party.
Consent Decree
Created by the Dodd-Frank Act, this entity is intended to consolidate the oversight of the financial industry.
Consumer Financial Protection Bureau (CFPB)
An independent entity within the Federal Reserve which took rule-making authority over FCRA and GLBA regulations from the FTC and Financial Industry Regulators.
Consumer Financial Protection Bureau (CFPB)
This entity’s enforcement powers include authority to take action against “abusive acts and practices” as specified by the Dodd-Frank Act.
Consumer Financial Protection Bureau (CFPB)
Any person or entity that complies or evaluates personal information for the purpose of furnishing consumer reports to third parties for a fee.
Consumer Reporting Agency
A small text file stored on a client machine that may later be retrieved by a web server from the machine.
Cookie
Allows web servers to keep track of the end user’s browser activities, and connect individual web requests into a session.
Cookie
May be used to prevent users from having to be authorized for every password protected page they access during a session by recording that they have successfully supplied their username and password already.
Cookie
A small text file stored on a client machine that may be referred to as “first-party” (if it is placed by the website that is visited) or “third-party” (if it is placed by a party other than the visited website).
Cookie
A type of cookie that may be deleted when a session ends.
Session Cookie
A type of cookie that remains on the client machine for a long period of time after the session ends. This category of cookies is listed as “cookie identifiers” by the GDPR, and is considered an example of personal information.
Persistent Cookie
Provisions regarding the use of cookies in the GDPR and the ePrivacy Directive.
Cookie Directive
A consumer-initiated security measure which locks an individual’s data at consumer reporting agencies. Is used to prevent identity theft, as it disallows both reporting of data and issuance of new credit.
Credit Freeze
A customer’s ability to access the personal information collected on them as well as review, correct or delete any incorrect information.
Customer Access
In contrast to employee information, this type of information includes data relating to the clients of private-sector organizations, patients within the healthcare sector and the general public within the context of public-sector agencies that provide services.
Customer Information
The unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a data collector. This does not include good faith acquisitions of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector—provided the personal information is not used for a purpose unrelated to the data collector’s business or subject to further unauthorized disclosure.
Data Breach
A scheme that provides the basis for managing access to, and protection of, data assets.
Data Classification
The natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by EU or member state law, the _____________ or the specific criteria for its nomination may be provided for by EU or member state law.
Data Controller
A unit of data that cannot be broken down further or has a distinct meaning. This may be a date of birth, a numerical identifier, or location coordinates.
Data Element
In the context of data protection, it is important to understand that ______ _______ in isolation may not be personal data but, when combined, become personally identifiable and therefore personal data.
Data Elements
An activity that involves comparing personal data obtained from a variety of sources, including personal information banks, for the purpose of making decisions about the individuals to whom the data pertains.
Data Matching
Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data Processing
A natural or legal person (other than an employee of the controller), public authority, agency or other body which processes personal data on behalf of the controller. An organization can be both a controller and a processor at the same time, depending on the function the organization is performing.
Data Processor
A fair information practices principle, it is the principle that personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.
Data Quality
This is judged by four criteria: Does it meet the business needs?; Is it accurate?; Is it complete?, and is it recent? It is considered appropriate if these criteria are satisfied for a particular application.
Data Quality
A natural or legal person, public authority, agency or another body, to which personal data is disclosed, whether a third party or not. Excludes public authorities that receive personal data in the framework of a particular inquiry in accordance with EU or member state law. However, the processing of that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Data Recipient
An identified or identifiable natural person.
Data Subject
In the context of U.S. federal law, a term associated with corporate entities who mislead or misrepresent products or services to consumers and customers. These practices are regulated in the U.S. by the Federal Trade Commission at the federal level and typically by an attorney general or office of consumer protection at the state level. Law typically provides for both enforcement by the government to stop the practice and individual actions for damages brought by consumers who are hurt by the practices.
Deceptive Trade Practices
Common law tort that focuses on a false or defamatory statement, defined as a communication tending “so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.”
Defamation
The use of log files to identify a website visitor. It is often used for security and system maintenance purposes.
Digital Fingerprinting
Log files that generally include: the IP address of the visitor; a time stamp; the URL of the requested page or file; a referrer URL, and the visitor’s web browser, operating system and font preferences. In some cases, combining this information can be used to identify a device. This more detailed information varies enough among computing devices that two devices are unlikely to be the same.
Digital Fingerprint
Used as a security technique by financial institutions and others initiating additional security assurances before allowing users to log on from a new device. Some privacy enforcement agencies; however, have questioned what would constitute sufficient notice and consent for these techniques to be used for targeted advertising.
Digital Fingerprinting
A means for ensuring the authenticity of an electronic document, such as an e-mail, text file, spreadsheet or image file. If anything is changed in the electronic document after this is attached, it is rendered invalid.
Digital Signature
When the seller directly contacts an individual, in contrast to marketing through mass media such as television or radio.
Direct Marketing
A proposed regulatory policy, similar to the existing Do-Not-Call Registry in the United States, which would allow consumers to opt out of web-usage tracking.
Do Not Track
Grants the authority to the FTC to create the National Do-Not-Call Registry in the United States. The registry is open to all consumers, allowing them to place their phone numbers on a national list which makes it illegal for telemarketers to make unsolicited calls to those numbers, the only exceptions being for political activities and non-profit organizations.
Do-Not-Call Implementation Act of 2003
Originally consumers would have to re-register their numbers on the DNC Registry every five years for continued prevention, but this act extended registration indefinitely. Violations can be enforced by the FTC, Federal Communications Commission, and State Attorneys General with up to a $16,000 fine per violation.
Do-Not-Call Improvement Act of 2007
This act amended the U.S. Do-Not-Call Implementation Act of 2003 to remove the re-registration requirement. Originally registration with the National Do-Not-Call Registry ended after five years, but with this act the registrations became permanent.
Do-Not-Call Improvement Act of 2007