Federal Vs State Authority

Question 1

Tenth Amendment to the constitution

Answer 1

where federal law does not prevent it, the states have power to make law

Question 2

Two financial privacy laws that preempt most state laws

Answer 2

FACTA and FCRA

Question 3

preempts state law

and states are not allowed to pass stricter laws

Answer 3

Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)

Question 4

Two laws that do not preempt stricter state laws

Answer 4

Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLBA) d

Question 5

State laws that excludes encrypted data from the definition of “breach”

Answer 5

California

Question 6

directly requires businesses to implement information security controls

Answer 6

Massachusetts

Question 7

specific description of “reasonable measures” to protect against unauthorized access to personal information

Answer 7

North Carolina