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Data Privacy > Flash Cards 2 > Flashcards

Flash Cards 2

1
Q

Consumer report, Furnishers are obligated to..

A

correct and update information, provide notice of disputes, notice of account closures, notice of delinquency within 90 days of being given to collectors, notice of identity theft

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2
Q

Consumer report, Financial institution, negative info to CRA, must also..

A

Give notice to the cusumer within 30 days ; there is a safe harbor if they have reasonable practices for doing so

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3
Q

Consumer report, Furnishers to provide a dispute process to consumers, T or F

A

t

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4
Q

Consumer report, Furnishers, dispute, re-investigation to be completed within..

A

30 days

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5
Q

Consumer report, Furnishers must have this in place, policies…

A

and procedures in place to handle disputes and ensure accuracy and integrity of information provided by CRAs

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6
Q

Who regulates the Consumer Report stuff, FACTA stuff

A

FTC and CFPB

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7
Q

Red Flags rule is for what..

A

Identity theft

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8
Q

Investigative consumer report is what

A

a consumer report that includes information on your character and reputation; done through personal interviews

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9
Q

Investigative consumer reports, consumer has to be notified, and within 3 days of the request, T or F

A

t

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10
Q

Investigative consumer reports, users of it must..

A

must certify to the CRA that disclosures have been made and upon written request by consumer provide them with disclosures

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11
Q

Investigative consumer reports, safe harbor..

A

yes, if they have reasonable procedures in place to comply with the law

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12
Q

Investigative consumer reports, CRAs have to what before they start one..

A

get the required certifications and not violate the equal opportunity laws

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13
Q

Investigative consumer report, CRAs, negative info rules..

A

verify, can’t be included in subsequent reports unless re-verified

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14
Q

FCRA rule making outline

A

Dodd-Frank law transferred rule making to the Consumer Financial Protection Bureau

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15
Q

FCRA enforce outline

A

Enforcement is shared between the Consumer Financial Protection Bureau and the FTC

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16
Q

FCRA may also be enforced by whom

A

Functional regulators

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17
Q

FCRA and State Attorneys General have

A

State attorney generals have investigative and enforcement for consumers in their state

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18
Q

FCRA identity theft pre-emption

A

State laws aren’t pre-emptedy the FCRA for identity theft IF they are consistent with the FCRA

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19
Q

FCRA civil liability

A

yes, if found to knowingly and willingly done it, but Furnishers are generally exempt

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20
Q

What is FERPA

A

Family education rights and privacy act

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21
Q

FERPA is also called what

A

Buckley amendment

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22
Q

FERPA applies to what schools

A

Any school taking federal education funding

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23
Q

FERPA applies to what records

A

Education records

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24
Q

FERPA exceptions

A

Ancillary, Campus Police, Employment, Health Treatment, Alumni, Application, Peer Reviewed Papers

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25
Q

FERPA, access, how many days from the time of the request

A

Access granted within 45 days

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26
Q

FERPA, access exceptions

A

parent’s financial information, letters of recommendation

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27
Q

FERPA, access student signs waiver

A

admission or enrollment at another school, application for employment, honorary recommendation

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28
Q

FERPA, innacurate records to be fixed within..

A

a reasonable time

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29
Q

FERPA, what piece of information is never Directory Information

A

SSN

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30
Q

FERPA, how much time before publishing director information

A

a reasonable period of time

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31
Q

FERPA, directory info of former students may be disclosed without notice, T or F

A

t

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32
Q

FERPA, directory info, pior opt opt wishes to be honored after student graduates, T or F

A

t

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33
Q

FERPA, def of personal info

A

Name, names of family members, student or family addresses, SSN, student Id#, dates of birth, any other info that could be linked to a student with reasonable certainty

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34
Q

FERPA, how to long to maintain records records requesting access

A

for as long as the educational records themselves are maintained

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35
Q

FERPA, notice of rights, how often is the notice sent

A

At least annually

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36
Q

FERPA, who has enforcement authority

A

DOE, department of education

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37
Q

FERPA, funding can be pulled when..

A

compliance can’t be secured by voluntary means

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38
Q

FERPA, where to send complaints

A

Office of the Chief Privacy Officer, within 180 days of the violation

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39
Q

As a general rule, a student’s school health records are subject to FERPA not HIPAA, T or F

A

t

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40
Q

What is the TSR

A

Telemarketing Sales Rule, a phone, interstate call, purchase goods

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41
Q

The telemarketing industry is regulated by both..

A

FTC and FCC

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42
Q

TSR, seller definition

A

provides or arranges for others to provide services

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43
Q

TSR, telemarketer

A

initiatives or receives telephone calls

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44
Q

TSR exception

A

A non-profit making calls on its own behalf isn’t subject to the TSR

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45
Q

Telephone solicitation exception

A

someone gave express consent, established business relationship, non profit

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46
Q

Who must access the don not call list

A

both sellers and marketers

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47
Q

Call lists must be updated every x days

A

31 days

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48
Q

TSR, what practice is prohibited

A

abusive

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49
Q

Don not call list exceptions

A

Express consent, Established business relationship

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50
Q

Established business relationship def

A

transaction with 18 months, consumer inquirey or submitted an application within 3 months

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51
Q

Who may access the Do Not Call registry

A

Sellers, Telemarketers, Service Providers, Law Enforcement

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52
Q

TSR does have a safe harbor if..

A

procedures, trained, own DCL, downloaded DLC within 31 days, compliance checks, call made in error

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53
Q

Enforcement of the TSR is done by..

A

FTC at federal level, both private litigants and state attorney general at state level but must notify FTC

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54
Q

What is the TCPA

A

Telephone Consumer Protection Act

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55
Q

TSR, when to call

A

Between 8am - 9pm, unless they have permission/consent to do otherwise

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56
Q

Prompt disclosure

A

idmust be made ad the beginning of the call, entity of the seller, purpose for call, nature of good or service, no purchas necessary if prize involved

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57
Q

Prompt disclosure upsell

A

If upsell happens after the initial transaction, the upsell is considered a new call so all the disclosures have to be said again

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58
Q

Deceptive telemarketing practice if..

A

accept payment without disclosing the terms

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59
Q

Material terms can be communicated how..

A

orally or in writing, must be clear and conspicous

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60
Q

For charitable donations, telemarketers may not misrepresent

A

nature, purpose, mission, tax deductability, contribution, %, prize, affiliations, endorsements

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61
Q

When accepting payment for a charitiable donation other than credit or debit card, you must get ..

A

express verifiable authorization, written or oral, signature, voided check

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62
Q

Abandoned call..

A

live person within 2 seconds

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63
Q

Call abandon safe harbor

A

< 3% of calls abaondon, ring 4 times or 15 seconds, pre-recorded message, maintain records of compliance

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64
Q

TSR prohibits pre-recorded messages called robo calls, T or F

A

TRUE , unless there is express written consent

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65
Q

TSR consent applicability

A

it’s to a specific seller, does not extend to affiliates or marketing partners

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66
Q

Robo calls with epress written consent rules

A

ring 4 times or 15 seconds, recorded message within 2 seconds, opt out mechanism, terminate call once invoked, answering machine or vmail service

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67
Q

Robo call exception

A

made by a covered entity or business associate under HIPAA privacy rule

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68
Q

Robo texts are also prohibited, T or F

A

t

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69
Q

TSR, billing information, consent

A

Billing information can’t be sent without express informed consent

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70
Q

TSR, free to pay rules

A

Telemarketer to get at least 4 digits of the account number to be charged

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71
Q

TSR fradulent practices

A

unencrypted account numbers; payment for repair services unless time has already expired and seller proves results were achieved; payment for asset recovery less than 7 days…; advanced fee loans; payment for debt relief

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72
Q

TSR, caller Id

A

must include accurate caller ID

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73
Q

TSR, deceptive practice, credit card transaction

A

record a credit card not linked to a sale

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74
Q

TSR record keeping requirements

A

keep for a period of 2 years after produced / created

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75
Q

TSR record keeping, how many copies

A

just one, either by seller or telemarketer

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76
Q

TCPA is enforced by

A

FCC at federal level, private litigants and the states attorney general at state level but must notify FCC

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77
Q

State laws are not preempted by TCPA, T or F

A

True, they are not

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78
Q

State laws are not preempted by TSR, T or F

A

True, they are not

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79
Q

The right to financial privacy act doesn’t apply to …

A

Corporations or Partnerships larger than 5 people

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80
Q

The right to financial privacy act is suposed to ..

A

restrict government access to personal financial information

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81
Q

Right to financial privacy disclosure rules

A

consent, subpoena, warrant, formaly request from a federal agency

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82
Q

Right to financial privacy act, consent rules

A

not in excess of 3 months, authorization can be revoked prior to disclosure, to a specific document, identify the government authority, purpose for disclosure, customer’s rights

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83
Q

Right to financial privacy act, subpoena rules

A

quash in 10 days, 14 if mailing, government must have reason to believe the informaiton is relevant to a ligitimate law enforcement inquiry, customer gets a copy

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84
Q

Right to financial privacy act, warrant rules,

A

mail a copy of the search warrant to the customer within 90 days, court may delay the notification for 180 days

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85
Q

Right to financial privacy act, formal written request rules

A

is an option when no summons or subpoena is available

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86
Q

Right to financial privacy act, exemptions that apply to financial institutions

A

the exceptions are called suspicious activty reports (SARs)

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87
Q

Right to financial privacy act, exemptions in addition to SARs

A

A bank can give up your records to perfect a security interest, for bankruptcy, collect a debt, or for a government loan or benefit

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88
Q

The right to financial privacy act was ammended by the US Patriot Act

A
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89
Q

Right to financial privacy act, US Patriot Act, private cause of action heard in what court..

A

Federal court

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90
Q

Katz v. United States

A

warrant for a wire tap

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91
Q

Plamondon (Keith case)

A

4th ammendment warrant requirements intersected with national security

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92
Q

Artical II Constitution, President has …

A

Plenary power or foreign affairs

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93
Q

Domestic surveillance is subject to what..

A

4th amendment warrant requirements, only applies to US citizens

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94
Q

What is FISA

A

Foreign intelligence serveillance act, engage in surveillance for national security

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95
Q

FISA revised by US Patriot Act

A

to fight terrorism, demanded more detailed reporting, more transparency

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96
Q

Edward Snowden released documents led to what..

A

US Freedom Act which ended bulk record collecting

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97
Q

FISC is what

A

Foreign intelligence surveillance court

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98
Q

FISC is composed of what

A

11 judges appointed by the chief justice, judges serve for 7 years

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99
Q

FISC friend of the cour

A

amicus curiae, US Freedom Act

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100
Q

Attorney General to review every application for what

A

a FISA order before it is submitted to the FISC

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101
Q

FISA order needs what to be issued

A

probable cause, foreign power or agent of a foreign power

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102
Q

FISA application process

A

minimization procedures, significant purpose

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103
Q

FISA order also permit..

A

pen registers, trap and trace

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104
Q

FISA application denials can be appealed to ..

A

court of review, if that is denied then the supreme court

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105
Q

Color of law is what..

A

appearance of lawful power when you don’t have it, it’s a criminal offense

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106
Q

US Patriot Act, any tangible thing

A

anyting that would advance the investigation into foreign intelligence

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107
Q

Any tangible thing, recipients of the order..

A

are prohibited to disclose they have the order

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108
Q

Any tangible thing,

A

people complying are immune from liability

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109
Q

US Patriot Act, intercept computer communications if..

A

owner gives consent, official investigation, content relevant to investigation, interception doesn’t get comms other than those transmitted

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110
Q

Foreign intelligence info of persons outside the US..

A

Can be done, 1 year, Attorney General and Dir of National Intelligence must authorize it

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111
Q

Foreign intelligence info of persons outside the US, once approved..

A

FISC to review and approve, has to meet minimization and targeting rules

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112
Q

Upstream surveillance is what

A

information from internet backbone, the physical infrastructure

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113
Q

PRISM or Downstream surveillance is what

A

information from internet companies

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114
Q

After the fact surveillance disclosures aren’t permitted, T or F

A

t

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115
Q

Amicus curiae from the US Patriot Act was permitted to what..

A

increase transparency

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116
Q

Surveillance reporting…

A

Congress mandated a bunch of reporting around the number of FISA orders and NSLs; this was added as a requirement to the US Freedom Act

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117
Q

Civil proceedings rules are called..

A

Federal Rules of Civil Procedure (FRCP)

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118
Q

Discovery devices

A

Requests for production, Depositions, Interrogatories, Requests for admission, Subpoena

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119
Q

Subpoena must have

A

the court, title, person, rules to challenge

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120
Q

All discovery devices must be personally served, T or F

A

T

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121
Q

What is privilege

A

Not to disclose information

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122
Q

Discovery rule changes.. why

A

for electronic information

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123
Q

New discovery rules now include what

A

emails, databases, server logs, text messages, voicemails, thumb drives, etc.

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124
Q

Sedona conference

A

best practices for e-discovery, data management, data retention, information governance

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125
Q

Aerospaciale, comity analysis

A

importance, specificity, originated in the U.S., alternative means, non compliance undermine U.S. interests

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126
Q

Filing suite in a U.S. court means..

A

subject yourself to U.S. rules

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127
Q

Sedona conference, act in good faith

A

get out of jail free card

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128
Q

Lewy v. Remington Arms

A

Sedona conference, good example of good faith

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129
Q

Sedona conf, business judgement rule

A

corp decisions are made in the best interests of the corporation

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130
Q

Attorney’s eyes only

A

prevent private information from being disclosed

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131
Q

What is a protective order

A

prevents information disclosure

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132
Q

Rule 26 of Federal Rules of Civil Procedure (FRCP)

A

permits a protective order, annoyance, embarrassment, etc.

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133
Q

Rule 5.2 of Federal Rules of Civil Procedure (FRCP)

A

Redaction of specific information

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134
Q

At will

A

relationship between employee and employer

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135
Q

At will, can be modified with

A

a contract

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136
Q

Contract between the employer and the labor union

A

collective bargaining agreement

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137
Q

Governament employers have to worry about

A

constitutional provisions in the workplace

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138
Q

SEC law, disclose salaries of..

A

certain C-level executives, public companies

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139
Q

Consumer reports and the workplace…

A

Fair and Accurate Credit Transactions Act (FACTA), how consumer reports are used

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140
Q

Background checks are included in what law

A

Fair Credit Reporting Act (FCRA), regulated by the FTC

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141
Q

Depart of Labor (DOL) developed what..

A

welfare of the wage

142
Q

Department of Labor (DOL) rule making for

A

Fair Labor Standards Act (FLSA), Employment Retirement Income Security Act (ERISA), Occupational Safety and Health Administration (OSHA)

143
Q

Equal Employment Opportunity Commission (EEOC)

A

Antidiscrimination laws, Title VII of Civil Rights Act, American Disabilities Act, Age Discrimination Employment Act,

144
Q

Equal Employment Opportunity Commission (EEOC) stats

A

5 members, no more than 3 of the same political party, appointed by the President for no more than 5 years, separate General Counsel serves 4 years and conducts litigation

145
Q

National Labor Relations Board (NLRB) does what

A

Right to join unions, negotiates collective bargaining agreements

146
Q

Title VII Civil Rights Act significan revisions

A

Civil Rights Act of 1991 and Lilly Ledbetter Fair Pay Act

147
Q

Equal Employment Opportunity Commission (EEOC) applies to companies with how many employees

A

15 or more

148
Q

Title VII Civil Rights Act created what

A

Equal Employment Opportunity Commission (EEOC)

149
Q

EEOC has broad authority to prohibit what

A

unlawful employment practices, given to them by Title VII

150
Q

EEOC, how many days to serve a charge

A

10 days

151
Q

EEOC investigative threshold

A

reasonable cause

152
Q

EEOC may file a civil action, T or F

A

T

153
Q

EEOC general public importance, how many judges

A

3

154
Q

American Disabilities Act (ADA) applies to what companies

A

15 or more people

155
Q

Civil Rights Act Title I does what

A

Covered entities can’t discriminate based on disability

156
Q

ADA, Toyota v. Williams

A

carpal tunnel not a disability

157
Q

ADA, Sutton v. United Airlines

A

Myopia not a disability

158
Q

ADA, medical exams

A

can be required as a condition of a job offer if, all entering employees are subject to it, medical condition results are kept separate, results only used in accordance with the ADA

159
Q

ADA, medical exams .. another fact

A

medical exams are permitted if both job related and consistent with business necessity

160
Q

ADA, drug testing is not considered a medical exam, T or F

A

T

161
Q

Genetic Information Nondiscrimination Act (GINA) is overseen by

A

HHS

162
Q

GINA is tied to what other laws

A

Employement Retirement Income Security Act (ERISA), Social Security Act, HIPAA

163
Q

GINA protected under Chapter 21 of Title 42 which is enforced by

A

EEOC

164
Q

Civil Rights Act Title II and GINA

A

prohibits discrimination for genetic info, but age and sex are excluded

165
Q

GINA, Employers requesting info, exceptions, they can request if

A

inadvertent, voluntary wellness program, to comply with Family Medical Leave Act, commercially publically available, for law enforcement

166
Q

GINA rules also apply to

A

employment agencies, labor unions, training programs

167
Q

GINA info has to be kept…

A

in a separate file and treated as confidential medical information

168
Q

Places with laws about automated employment decision tools

A

Illinois, Maryland, New York City

169
Q

Automated employment tooling, Illinois

A

Video Interview Act

170
Q

Automated employment tooling, Maryland

A

Facial recognition

171
Q

Automated employment tooling, New York City

A

Bias audit

172
Q

ADA issues, automated employment tooling

A

reasonable accommodations, screens out poeple with disabilities,

173
Q

ADA guidance, automated employement tooling

A

transparent, provide notice, essential functions, a company’s vendors comply with the same guidance

174
Q

EEOC, iTutor Group, automated employment tooling

A

excluded females over 55, men over 60

175
Q

National Child Protection Act permits access to the National Crime Information Center… why

A

Background checks

176
Q

Why do background checks

A

protects the employer

177
Q

ADA medical testing in Pre Offer stage is

A

prohibitted

178
Q

Far reaching law impacting hiring process

A

Fair Credit Reporting Act (FCRA) , governs the use of Consumer Reports

179
Q

FCRA left certain state laws in place

A

California Investigative Consumer Reporting Agencies Act which limits the use of credit information

180
Q

9 states that copied Californias ICRAA

A

Colorado, Connecticut, Hawaii, Illinois, Maryland ,Nevada, Oregon, Vermont, Washington; and DC, Chicago, NYC, and Philadelphia

181
Q

Methods of pre-employment screening

A

Personality, Psychological Evals, Polygraph

182
Q

ADA, some psychological testing may be considered a medical eval, T or F

A

t

183
Q

Employee Polygraph Protection Act (EPPA) does what

A

Employers prohibited from using lie detctor test unless, government, national defense, business provides security, transport of certain types of goods, companies that make or distribut controlled substances, investigations for economic loss, injury, theft

184
Q

EPPA, keep statements for how long

A

3 years

185
Q

EPPA, adverse action

A

brief the employee, give a copy of the results and questions asked, results only disclosed to the person, employer, or the court

186
Q

EPPA, rule making authority

A

Secretary of Labor, also has subpoena power for investigations

187
Q

Drug testing, Government employers, which ammendment

A

Fourth

188
Q

Drug testing, private sector, which law

A

ADA

189
Q

States, drug testing, reasonable suspicion

A

Iowa, Minnesota, Connecticut

190
Q

Social media privacy

A

as long as the employee’s actions don’t negatively impact the employer

191
Q

Employee monitoring written policy

A

purpose, what’s monitored, how, what’s info is stored, how being used, who disclosed to

192
Q

Multi national companies may need different monitoring policies, T or F

A

t

193
Q

Wiretap Act, Eletronic Communication Privacy Act (ECPA) enforce what

A

employee monitoring

194
Q

One party consent

A

Wiretap Act, one party has to agree to being recorded

195
Q

Two party consent

A

Wiretap Act, both parties on the call have to agree to being recorded

196
Q

CCTV doesn’t record audio so it’s not subject to what

A

Wiretap act

197
Q

State that prohibits CCTV

A

Michigan

198
Q

Eletronic Communication Privacy Act (ECPA) Title II is what act

A

Stored Communication Act (SCA), email monitoring

199
Q

Email monitoring is illegal unless

A

The person or entity providing the email service agrees

200
Q

Two states with strict employer communication laws (email, phone, etc)

A

Deleware, Connecticut

201
Q

When is mail considered delivered

A

when it reaches the business

202
Q

GPS monitoring guidelines

A

during business hours, for business purposes, monitoring has been disclosed

203
Q

States with additional GPS monitoring laws

A

California, Minnesota, Tennessee, Texas

204
Q

BYOD can create what

A

security vulnerabilities

205
Q

Data loss prevention (DLP) is a strategy for

A

unauthorized access or misuse of sensitive data

206
Q

Collective bargaining agreements can

A

modify the obligations an employer has on its workforce

207
Q

National Labor Relations Board (NLRB), Colgate

A

video surveillance

208
Q

National Labor Relations Board (NLRB), Purple Communications

A

email monitoring, union organizing

209
Q

Investigating employee misconduct guidelines

A

take seriously, fairness, follow laws and company policies, documentation

210
Q

Important aspect of employmee investigation policies is

A

ensure a company properly documents employee performance problems

211
Q

Fair Credit Reporting Act (FCRA) and employee misconduct investigations

A

If the investigation involves a consumer report, FTC provided an opinion in the Vail Letter

212
Q

FTC Vail Letter said what

A

Third party investigations of employees were subject to the Fair Credit Reporting Act (FCRA) and needed to disclose this to the employee

213
Q

FACTA and Vail Letter

A

Fair and Accurate Credit Transaction Act (FACTA) ammended FCRA, employers don’t need to disclose they are conducting an employee investigation

214
Q

FACTA employee investigation disclosure rules

A

don’t need to disclose if investigating employee misconduct, related to compliance with laws or company policies, not investigating credit worthiness, communication only proivded to employer or agent, government, regulatory authority, required by law

215
Q

HIPAA excludes what records

A

employment records held by a covered entity

216
Q

Who enforces the Family Medical Leave Act

A

Department of Labor

217
Q

HIPAA, employment records, ADA, GINA, FMLA stuff must be kept

A

All kept away from each other in separate files

218
Q

State with a law to provide a reference after termination

A

Kansas

219
Q

After termination

A

Restrict access, keep employee records, maintain good will

220
Q

Jurisdictional nexus

A

Activities of the business or person and the intersect with the state

221
Q

Tenth ammendment and state law

A

Tenth ammendment gives states the right to pass laws

222
Q

What do federal regulations streamline

A

nationwide baseline compliance

223
Q

State unfair and deceptive acts and practices (UDAP) and AG’s

A

UDAP give state attorney gernals authority to bring enforcement actions

224
Q

Federal law can limit state law through..

A

preemption and limiting where federal claims may be filed

225
Q

Federal courts hear cases about what

A

the constitution or federal law

226
Q

State courts hear cases about what

A

states have a general jurisdiction

227
Q

Removal jurisdiction

A

moving a case from state court to have it heard in federal court

228
Q

States with laws like TCPA, TSR, CAN-SPAM

A

Alabama, plus all states got together to in-act 8 anti-robocall principles

229
Q

California Online Privacy Protection Act (CalOPPA) requires ..

A

website operators to conspiciously post its privacy policy on websites and mobile apps; also Do Not Track policy

230
Q

States allow a free credit report more frequently

A

Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, Vermont

231
Q

States with laws about how credit scores are utilized

A

California, Colorado

232
Q

California Financial Information Privacy Act did what

A

Called California SB-1, consumers to opt-in in writing, entitled to opt out

233
Q

One entity with jurisdiction over many financial institutions

A

NYDFS, new york dept of financial services

234
Q

NYDFS has strict cybersecurity requirements..

A

most strict of all states, far beyond GLBA

235
Q

FTC upgraded the GLBA safeguards to match what..

A

NYDFS, new york dept of financial services cybersecurity requirements

236
Q

There is no federal law that governs data security or imposes universal security standards, T or F

A

t

237
Q

HIPAA governs what market sector

A

Healthcare

238
Q

GLBA governs what market sector

A

Finance

239
Q

FTC can bring enforcement for failure to adopt..

A

adequate security measures… under section 5 of unfair or deceptive trade

240
Q

FTC enforcement, failure to adopt adequate security, against who

A

Uber, Lenovo, D-Link

241
Q

NYDFS has become the ..

A

gold standard for government mandated security practices

242
Q

Massachusetts minimum security standards

A

one employee to maintain an infosec program, risk mgmt, policies, disciplinary measures, terminated employee no access, vendor mgmt, physical access controls, monitoring, incident mgmt

243
Q

What state codified PCI-DSS into law

A

Washington, similar to what Minnesota did

244
Q

SSN Confidentiality Act did what

A

federal law, prohibits SSNs from being visible in the envelope window

245
Q

California SSN law

A

Probhibit SSN from public display, printed on access cards, requiring it be transmitted over the internet, requiring it to be used to access a website, it being on printed materials mailed to homes, selling it

246
Q

Colorado data destruction law

A

businesses using documents containing persnal information must develop data destruction and disposal policies

247
Q

States require the implementation of minimum security standards, T or F

A

t

248
Q

North Carolina data destruction law

A

defines reasonable data destruction measures as, can’t be read or reconstructed,

249
Q

Subcontracting data destruction is permitted, T or F

A

True, think Iron Mountain

250
Q

Vermont started to make data brokers register annually, why

A

to regulate them, California and Illinois are following suite

251
Q

States that have cookie and online tracking laws

A

California and Virginia

252
Q

Key definitions for data breach laws

A

who is covered, the term personal information, the term data breach

253
Q

Data breach definition

A

When personal information is accessed or acquired without authorization

254
Q

After a breach is determined, what is the next step

A

determine what notification obligations exist

255
Q

State data breach notification laws require what..

A

any state resident that is affected be notified

256
Q

If a data processor is breached they must what..

A

disclose the breach to the owner or licensee of the data

257
Q

Data breach, States also require notification to govt agencies, california..

A

California Dept of Health Services

258
Q

Data breach, States, also require notification to..

A

Attorney General, and Credit Reporting Agencies

259
Q

Data breach, notification timing, common phrase..

A

the most expeditious time possible and without unreasonable delay, 8 states say within 45 days

260
Q

Data breach, notification timing, Puerto Rico

A

10 days, then 24 hours

261
Q

Data breach, notification standard, which state

A

North Carolina

262
Q

Data breach, notification template

A

description, information type, steps to protect info,

263
Q

Can a company draft one breach notice and send it nationwide

A

No, certain states have certain requirements

264
Q

Is a written breach notice required to inform consumers in every state

A

No, some states allow for electronic communication if there is prior consent

265
Q

Breach notification exceptions

A

Where more stringent law applies, an organization follows it’s own breach notification procedures, when data was encrypted, redacted, or otherwise unusable

266
Q

Data breach notification enforement, State Attorney’s General

A

Can get involved when an organization fails to comply with the law

267
Q

Data breach private cause of action

A

is possible under UDAP statutes in some states

268
Q

Which state first adopted data breach notification law

A

California SB-1386

269
Q

What is the first comprehensive data protection law in the U.S.

A

California Consumer Protection Act (CCPA)

270
Q

Which law expands upon the California Consumer Protection Act (CCPA)

A

California Privacy Rights Act (CPRA)

271
Q

California’s definition of personal information

A

First name and last name, or first initial and last name, in combination with other stuff

272
Q

California’s data breach encryption exception

A

notification to consumers is necessary only if the data isn’t encrypted

273
Q

California’s data breach notification timing

A

most expedient time without unreasonable delay, consistent with the legitimate needs of law enforcement

274
Q

California’s data processor notification requirements

A

are placed on the data controller

275
Q

California’s data breach notification content

A

disclosures in plain language, specificity, and a bunch of stuff

276
Q

Any data breach disclosure complying with federal law will satisfy California requirement

A

t

277
Q

California allows for both written and electronic data breach notificaitons

A

t

278
Q

California data breach notification, if over 500K people

A

a substitute notice may be used

279
Q

California data security law excludes what data

A

publically available and encrypted data

280
Q

California data security law, disposal of data

A

shredding, erasing, make unreadable or undecipherable

281
Q

Scope of California Consumer Protection Act (CCPA)

A

> 25M in revenue, personal info of 50K people, get 50% of its revenue from selling personal info

282
Q

California Consumer Privacy Act (CCPA), Third Parties

A

Third parties are prohibited from selling personal information unless the consumer receives notice and the opportunity to opt out

283
Q

The definition of a consumer under the CCPA

A

Any natural person who is a California resident

284
Q

The California Consumer Privacy Act does not apply to what type of information

A

deidentified or aggregated information

285
Q

The term Sale in the context of personal information

A

it’s a long definition but ends with “for monetary or other valuable consideration”

286
Q

California Consumer Privacy Act (CCPA) and notice

A

provide notice at or before collection, what’s collected, how used, categories, rights, how to exercise the rights, etc.

287
Q

California Consumer Privacy Act (CCPA) consumer rights

A

Notice, Opt Out, Request Disclosure, Access, Deletion, Not to be dscriminated against

288
Q

Who enforces the CCPA

A

California attorney general

289
Q

CCPA does provide a private cause of action for what

A

Data breach

290
Q

What did the California Privacy Rights Act (CPRA) create

A

the California Privacy Protection Agency (CPPA)

291
Q

California Privacy Protection Agency (CPPA) stats

A

5 member board, enforcement authority transferred from California Attorney General to the CPPA

292
Q

California Privacy Protection Agency (CPPA) board members need

A

qualifications in privacy and technology

293
Q

California Privacy Rights Act (CPRA) includes sensitive information

A

t

294
Q

California Privacy Rights Act (CPRA) includes public records made available by the government

A

t

295
Q

What did the California Privacy Rights Act (CPRA) strengthen

A

transparency and accountability requirements under the CCPA

296
Q

California Privacy Rights Act (CPRA) security requirement

A

CPRA incorporated security requirements into the CCPA

297
Q

California Privacy Rights Act (CPRA) mandates that controllers..

A

enter into written contracts with 3rd party data vendors

298
Q

California Privacy Rights Act (CPRA) broadened rights

A

correct information, use of sensitive info, automated decision making, delete info, expanded access, expanded opt out

299
Q

California Age Appropriate Design Code Act (AADC)

A

Prohibits advertising directed at children, profiling of children, dark patterns

300
Q

California Age Appropriate Design Code Act (AADC) defines children as

A

anyone under 18

301
Q

States adopting laws similar to the CCPA

A

Virginia, Colorado, Utah, Connecticut

302
Q

Virginia Consumer Data Protection Act (VCDPA)

A

makes Virginia the only state to implement comprehensive privacy laws

303
Q

Who is exempt from the Virginia Consumer Data Protection Act (VCDPA)

A

GLBA, HIPPA, and non profits

304
Q

Virginia Consumer Data Protection Act (VCDPA) is close to the GDPR

A

t

305
Q

Virginia Consumer Data Protection Act (VCDPA) time to respond to data subject request

A

without undue delay, no later than 45 days

306
Q

Virginia Consumer Data Protection Act (VCDPA) private cause of action

A

No

307
Q

Virginia Consumer Data Protection Act (VCDPA) enforced by

A

State attorney general

308
Q

Virginia Consumer Data Protection Act (VCDPA) rule making authority

A

No rule making authority, Data Controllers have to rely on the text of the statute

309
Q

Colorado Privacy Act (CPA) doesn’t include

A

HIPPA, GLBA, COPPA, FERPA

310
Q

Colorado Privacy Act (CPA) includes what.. that no one else does

A

It applies to non profits

311
Q

VCDPA and the CPA have a controller / processor framework and the CCPA has a

A

business / affiliate framework

312
Q

Colorado Privacy Act (CPA) codifies that

A

a person not limitted in processing or fails to follow the instructions of the controller, now is considered the controller

313
Q

Colorado Privacy Act (CPA), processors can use subcontractors

A

No

314
Q

Colorado Privacy Act (CPA) calls for adoption of

A

appropropriate technical and organizational safegaurds, data processing contracts, controllers to conduct data protection assessments where there is a hightened risk of harm

315
Q

Colorado Privacy Act (CPA) rights

A

opt out, access, correct, delete, portability

316
Q

Colorado Privacy Act (CPA) private cause of action

A

No

317
Q

Colorado Privacy Act (CPA) enforcement

A

State attorney general, local district attorneys, covered under the state UDAP

318
Q

Colorado Privacy Act (CPA) rule making

A

lies with the State attorney general

319
Q

Utah Consumer Privacy Act (UCPA) excludes what from personal data

A

aggregated data

320
Q

Utah Consumer Privacy Act (UCPA) enforcement

A

State attorney general

321
Q

Utah Consumer Privacy Act (UCPA) time to fix a violation

A

30 days

322
Q

Connecticut Personal Data Privacy and Online Monitoring Act does not apply to

A

publically available info and personal data solely used for payment transactions, i.e. completing a sale

323
Q

Connecticut Personal Data Privacy and Online Monitoring Act list of rights

A

access, correct, delete, portability, universal opt out signals

324
Q

Connecticut Personal Data Privacy and Online Monitoring Act enforcement

A

Attorney general, no private cause of action

325
Q

Connecticut Personal Data Privacy and Online Monitoring Act days to fix a problem

A

60 days

326
Q

California Electronic Communications Privacy Act

A

can’t search phones or online accounts without a court order or consent or an emergency

327
Q

Deleware Online Personal Privacy Protection Act DOPPA)

A

Deleware’s version of COPPA but childeren are anyone under 18

328
Q

Deleware Online Personal Privacy Protection Act DOPPA) advertising..

A

Prohibits ads for tobacco, firearms, tanning equipment..

329
Q

Nevada Privacy of Information Collected on the Internet from Consumers Act SB 538 exemptions

A

FCRA, fraud prevention, publically available, drivers privacy protection act, GLBA

330
Q

Nevada Privacy of Information Collected on the Internet from Consumers Act SB 538 primary requirement

A

to provide an online notice and designated request address to no sell data, have 60 days to process it

331
Q

Nevada Privacy of Information Collected on the Internet from Consumers Act SB 538 time to fix issues

A

30 days

332
Q

Nevada Privacy of Information Collected on the Internet from Consumers Act SB 538 “sale” extends to

A

data brokers

333
Q

Illinois Geolocation Privacy Protection Act and Right to Know Act

A

Vetoed by the governor, affirmative express consent before getting geolocation info from a consumer’s device

334
Q

New Jersey Personal Information and Privacy Protection Act

A

when retailers can scan a person’s identification card, sale of the data is prohibited

335
Q

Washington state Biometric Privacy Law

A

can’t put biometric data into a database for commercial purposes without adequate notice, consent obtained, and can prevent subsequent use

336
Q

New York’s SHIELD Act expands

A

private information and data breach

337
Q

New York’s SHIELD Act private information is

A

biometric data, account number, user names

338
Q

New York’s SHIELD Act data breach..

A

when private information is accessed without authorization

339
Q

New York’s SHIELD Act data breach exemption

A

when it was accessed by accident

340
Q

New York’s SHIELD Act also requires

A

develop, implement, maintain reasonable safeguards to protect security and disposal

341
Q

New York’s SHIELD Act requires safegaurds in line with a company’s

A

size and complexity

342
Q

Illinois Student Online Personal Protection Act (SOPPA)

A

most comprehensive privacy for student records, info is called covered info, any personally identifiable information

343
Q

Illinois Student Online Personal Protection Act (SOPPA) operators..

A

are prohibited from advertising, profiling, selling, or disclosing covered information

344
Q

Illinois Student Online Personal Protection Act (SOPPA) school requirements and state board of education requirements

A

no selling, or disclosing, there are some exceptions, and the school needs a privacy officer

345
Q

Tennessee SB 2005 data breach notification

A

encrypted data is no longer an excluded, you have to notify consumers

346
Q

Illinois HB 1260 data breach notification

A

encrypted data is not excluded if there is a risk the key was compromised

347
Q

Illinois HB 1260 data breach medical information

A

medical info, biometric info, health insurance info now in scope

348
Q

Illinlois HB 1260 data breach notification to attorney general

A

HIPPA regulated entities have to notify the attorney general now if there is a breach

349
Q

New Mexico HB 15 data breach laws

A

apply to encrypted and non encrypted data, biometric data, personal health information

350
Q

South Dakota data breach law

A

don’t need to notify if there is no harm to consumers but you must notifiy the attorney general

351
Q

Massachusetts HB 4806 data breach law

A

similar to the Fair Credit Reporting Act (FCRA) requirements, the data breach laws regulate the credit reporting agencies

Data Privacy (2 decks)

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