IAPP Glossary for CIPP/E Flashcards
Accountability
Afair information practicesprinciple, it is the idea that whenpersonal informationis to be transferred to another person or organization, the personal information controller should obtain the consent of the individual or exercise due diligence and take reasonable steps to ensure that the recipient person or organization will protect the information consistently with other fair use principles.
Adequate Level of Protection
A label that the EU may apply to third-party countries who have committed to protect data through domestic law making or international commitments. Conferring of the label requires a proposal by theEuropean Commission, anArticle 29 Working GroupOpinion, an opinion of the article 31 Management Committee, a right of scrutiny by theEuropean Parliamentand adoption by the European Commission.
Adverse Action
Under theFair Credit Reporting Act, the term “adverse action” 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. No adverse action 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 of the adverse action with a copy of the credit report leading to the adverse action.
Annual Reports
The requirement under theEuropean Data Protection Directivethat member state data protection authorities report on their activities at regular intervals.
Antidiscrimination Laws
Refers to the right of people to be treated equally.
Article 29 Working Party
AEuropean Unionorganization that functions as an independent advisory body on data protection and privacy. While EU data protection laws are actually enforced by the nationalData Protection Authoritiesof EU member states.
Authentication
The process by which an entity (such as a person or computer system) determines whether another entity is who it claims to be. Authentication identified as an individual based on some credential; i.e. a password,biometrics, etc. Authentication is different fromauthorization. Proper authentication ensures that a person is who he or she claims to be, but it says nothing about theaccess rightsof the individual.
Background Screening/Checks
Verifying an applicant’s ability to function in the working environment as well as assuring the safety and security of existing workers. Background checks range from checking a person’s educational background to checking on past criminal activity.
Behavioral Advertising
The act of tracking users’ online activities and then delivering ads or recommendations based upon the tracked activities. The most comprehensive form of targeted advertising. By building a profile on a user through their browsing habits such as sites they visit, articles read, searches made, ads previously clicked on, etc., advertising companies place ads pertaining to the known information about the user across all websites visited. Behavioral Advertising also usesdata aggregationto place ads on websites that a user may not have shown interest in, but similar individuals had shown interest in.
Binding Corporate Rules
Legally binding internal corporate privacy rules for transferring personal information within a corporate group. BCRs are typically used by corporations that operate in multiple jurisdictions, and they are alternatives to theU.S.-EU Safe Harborand Model Contract Clauses. BCRs must be approved by the EUdata protection authoritiesof the member states in which the corporation operates.
Binding Safe Processor Rules
Self-regulatory principles (similar toBinding Corporate Rules) for processors that are applicable to customer personal data. Once a supplier’s BSPR are approved, a supplier gains ”safe processor” status and its customers would be able to meet theEU Data Protection Directive’srequirements for international transfers in a similar manner as BCR allow. BSPR are currently being considered as a concept by theArticle 29 Working Partyand national authorities.
Biometrics
Data concerning the intrinsic physical or behavioral characteristics of an individual. Examples include DNA, fingerprints, retina and iris patterns, voice, face, handwriting, keystroke technique and gait.
Bodily Privacy
One of the four classes of privacy, along withinformation privacy,territorial privacyandcommunications privacy. It focuses on a person’s physical being and any invasion thereof. Such an invasion can take the form of genetic testing, drug testing or body cavity searches.
Breach Disclosure
The requirement that adata controllernotify regulators and victims of incidents affecting theconfidentialityand security ofpersonal data. It is a transparency mechanism highlights operational failures, this helps mitigate damage and aids in the understanding of causes of failure.
Bundesdatenschutzgesetz
A German national data protection law that including specific requirements for data services outsourcing agreements. The legislation contains ten specific requirements for outsourcing agreements: (1) Subject and duration of work; (2) the extent, type and purpose of data processing; (3) technical and organizational measures to be taken under section 9; (4) the rectification, erasure and blocking of data; (5) the processor’s section 4 obligations, particularly with regard to monitoring; (6) rights regarding subcontracting; (7) the controller’s monitoring rights; (8) the subcontractor’s notification obligations; (9) the extent of the controller’s authority to issue instructions to the processor; (10) the return and/or erasure of data by the processor at the conclusion of the work.
Charter of Fundamental Rights
A treaty that consolidates human rights within theEU. The treaty states that everyone has a right to protect theirpersonal data, that data must be processed for legitimate and specified purposes and that compliance is subject to control by an authority.
Children’s Online Privacy Protection Act (COPPA) of 1998
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. COPPA requires these website operators: to post aprivacy policyon the homepage of the website; provide notice about collection practices to parents; obtain verifiable parentalconsentbefore collecting personal information from children; give parents a choice as to whether their child’spersonal informationwill be disclosed to third parties; provide parents access and the opportunity to delete the child’s personal information andopt outof future collection or use of the information, and maintain theconfidentiality, security and integrity of personal information collected from children.
Choice
An individual’s ability to determine whether or how theirpersonal informationmay be used or disclosed by the entity that collected the information. Also, the ability of an individual tolimitcertain uses of their personal information. For example; an individual may have choice about whether to permit a company to contact them or share their data with third parties. Can be express or implied.
Closed Circuit Television
Systems of cameras, monitors and recording equipment that are not used for broadcasting but are connected to a closed network by cables. CCTV is used primarily forvideo surveillanceof premises.
Cloud Computing
The storage of information on the Internet. Although it is an evolving concept, definitions typically include on-demand accessibility, scalability, and secure access from almost any location. Cloud storage presents unique security risks.
Collection Limitation
Afair information practicesprinciple, it is the principle stating there should be limits to the collection ofpersonal data, that any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge orconsentof the data subject.
Commercial Activity
UnderPIPEDA, “commercial activity” means 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.
Communications Privacy
One of the four classes of privacy, along withinformation privacy,bodily privacyandterritorial 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.
Comprehensive Laws
Laws that govern the collection, use and dissemination ofpersonal informationin the public and private sectors.
Computer Forensics
The discipline of assessing and examining an information system for relevant clues even after it has been compromised by an exploit.
Confidentiality
The obligation of an individual, organization or business to protect personal information and not misuse or wrongfully disclose that information.
Consent
This privacy requirement is one of thefair information practices. Individuals must be able to prevent the collection of theirpersonal data, unless the disclosure is required by law. If an individual has choice (seeChoice) about the use or disclosure of his or her information, consent is the individuals’ way of giving permission for the use or disclosure. Consent may be affirmative; i.e.,opt-in; or implied; i.e., the individual didn’topt out. (1) Explicit Consent: A requirement that an individual “signifies” his or her agreement with a data controller by some active communication between the parties. According to theEU Data Protection Directive, explicit consent is required for processing of sensitive information. Further,data controllerscannot infer consent from non-response to a communication. (2) Implicit Consent: Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
Convention 108
The first legally binding international instrument in the area of data protection. It requires signatories to take steps to ensure fundamental human rights with regard to the processing of personal information.
Cookie
A small text file stored on a client machine that may later be retrieved by a web server from the machine. Cookies allow web servers to keep track of the end user’s browser activities, and connect individual web requests into a session. Cookies can also 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 user name and password already. Cookies may be referred to as “first-party” (if they are placed by the website that is visited) or “third-party” (if they are placed by a party other than the visited website). Additionally, they may be referred to as “session cookies” if they are deleted when a session ends, or “persistent cookies” if they remain longer.
Cookie Directive
Additions to the e-Privacy Directive where websites could allow users to opt out of cookies, such as by selecting a setting on their web browsers. Under the revision, member states are required to pass legislation that gives users the ability to opt in before cookies are placed on their computers.
Copland v. United Kingdom
A case in which theEuropean Court of Human Rightsheld that monitoring an applicant’s e-mail at work was contrary to Article 8 of the Convention on Human Rights.
Council of the European Union
The main decision-making body of theEU, it has a central role in both political and legislative decisions. The council was established by the treaties of the 1950s, which laid the foundations for the EU.
Court of Justice of the European Union
The Court of Justice is the judicial body of theEUthat makes decisions on issues of EU law and enforces European decisions either in respect to actions taken by theEuropean Commissionagainst a member state or actions taken by individuals to enforce their rights under EU law. The court is the judicial body of the EU that makes decisions on issues of EU law and enforces European decisions. Based in Luxembourg, the Court was set up in 1951, and was originally named the Court of Justice of the European Communities. The court is frequently confused with theECHR, which oversees human rights laws across Europe, including in many non-EU countries, and is not linked to the EU institutions.
Customer Access
A customer’s ability to access thepersonal informationcollected on them as well as review, correct or delete any incorrect information.
Customer Information
In contrast toemployee information, customer 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.
Data Breach
The unauthorized acquisition of computerized data that compromises the security,confidentiality, or integrity ofpersonal informationmaintained by a data collector. Breaches do 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 Controller
An entity that has the authority over the processing ofpersonal information. This entity is the focus of most obligations under privacy and data protection laws. It controls the use of personal data by determining the purposes for its use and the manner in which the data will be processed. The data controller may be an individual or an organization that is legally treated as an individual, such as a corporation or partnership.
Data Elements
The different types ofpersonal informationprocessed bydata processors. Typical data elements include name, date of birth and numerical identifiers. Organizational data elements tied to both individuals as well as organizations include business addresses, business phone numbers, business e-mail addresses and related information.
Data Processing
Any operation or set of operations which is performed onpersonal data, such as collecting; recording; organizing; storing; adapting or altering; retrieving; consulting; using; disclosing by transmission, dissemination or otherwise making the data available; aligning or combining data, or blocking, erasing or destroying data. Not limited to automatic means.
Data Processor
An individual or organization that processes data on behalf of thedata controller. Although they are oftenthird-party providers, a data controller can also be a data processor.
Data Protection Authority
An official or body that ensures compliance with data protection laws and investigates alleged breaches of the laws’ provisions.
Data Protection Commissioner
The person responsible for the enforcement and monitoring of compliance with data protection legislation, including Data Protection Acts. Commissioners are also responsible for investigating breaches of the legislation and prosecuting the senders of spam e-mails and text messages pursuant to SI 535/2003. Only one such prosecution has occurred to date. In the UK, this function is carried out by the Information Commissioner.
Data Protection Directive
See EU Data Protection Directive
Data Quality
A fair information practices principle, it is the principle thatpersonal datashould 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. The quality of data is judged by four criteria: Does it meet the business needs?; Is it accurate?; Is it complete?, and is it recent? Data is of an appropriate quality if these criteria are satisfied for a particular application.
Data Recipient
A natural or legal person, public authority, agency or any other body which processespersonal dataon behalf of thedata controller.
Data Retention Directive
This directive is designed to align the rules on data retention across theEUmember states. It applies to traffic and location data but not to the actual content of communications of both individuals and organizations.
Data Subject
The individual about whom information is being processed, such as the patient at a medical facility, the employee of a company or the customer of a retail store.
De-identification
An action that one takes to remove identifying characteristics from data. De-identified data is information that does not actually identify an individual.Some laws require specific identifiers to be removed (SeeHIPAA 165.514(b)(2)).Hashingis not enough to de-identify data
Derogation
The action by which anEUmember state may deviate from certain directives, instead relying upon the domestic laws of member states.
Direct Marketing
When the seller directly contacts an individual, in contrast to marketing through mass media such as television or radio.
Do Not Track
A proposed regulatory policy, similar to the existingDo Not Call Registryin the United States, which would allow consumers toopt outof web-usage tracking.
Durant v. Financial Services Authority
A court case in which the Court of Appeal of the United Kingdom narrowed the definition of personal data. It established a two-stage test; the information must be biographical in a significant sense and the individual must be the focus of the information.
Electronic Communications Data
Consists of three main categories of personal data: the content of a communication,traffic data, and location data.
Electronic Communications Network
Transmission systems, and, where applicable, switching or routing equipment and other resources that permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks; fixed and mobile terrestrial networks; electricity cable systems, to the extent that they are used for the purpose of transmitting signals; networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed.
Electronic Communications Service
Any service which provides to users thereof the ability to send or receive wire or electronic communications.
Employee Personal Data
A high level of protection is required for employeepersonal datain theEU. The notice and choice principles of theEU Directiveshould be honored for all employee data, meaning that an employee should be given notice of the company’s intent to share the information and give the employee the choice not to share this information.
Encryption
The process of obscuring information, often through the use of acryptographicscheme in order to make the information unreadable without special knowledge; i.e., the use of code keys.
Established Service Provider
Under the E-Commerce Directive, an established service provider is a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider.
EU Data Protection Directive
Several directives deal with personal data usage in the EU, but the most overarching is the general policy approved by the European Commission in 1995 (95/46EC) which protects individuals’ privacy and personal data use. The Directive was adopted in 1995, became effective in 1998 and protects individuals’ privacy and personal data use. The Directive recognizes the European view that privacy is a fundamental human right and establishes a general comprehensive legal framework that is aimed at protecting individuals and promoting individual choice regarding the processing of personal data. The Directive imposes an onerous set of requirements on any person that collects or processes data pertaining to individuals in their personal or professional capacity. It is based on a set of data protection principles, which include the legitimate basis,purpose limitation,data quality,proportionalityandtransparencyprinciples, data security andconfidentiality,data subjects’rights of access,rectification, deletion and objection, restrictions on onwards transfers, additional protection where special categories of data anddirect marketingare involved and a prohibition on automated individual decisions. The Directive applies to all sectors of industry, from financial institutions to consumer goods companies, and from list brokers to any employer. The Directive’s key provisions impose severe restrictions onpersonal dataprocessing, grant individual rights to “data subjects” and set forth specific procedural obligations including notification to national authorities. This was followed in 1997 by a more specific directive for the telecom sector (97/66/EC), which was replaced in mid-2002 by the European institutions to adapt it to new technologies and business practices (2002/58/EC). The Directive has been supplemented by additional directives including a specific provision for e-commerce.
This directive will be replaced by the General Data Protection Regulation.
EU Data Retention Directive
SeeData Retention Directive
European Commission
The executive body of theEuropean Union. Its main function is to implement the EU’s decisions and policies, along with other functions. It is also responsible for making adequacy determinations with regard todata transfersto third-party countries.
European Convention for the Protection of Human Rights and Fundamental Freedoms
A European convention that sought to secure the recognition and observance of the rights enunciated by the United Nations. The Convention provides that “(e)veryone has the right to respect for his private and family life, his home and his correspondence.” Article 8 of the Convention limits a public authority’s interference with an individual’s right to privacy, but acknowledges an exception for actions in accordance with the law and necessary to preserve a democratic society.
European Convention on Human Rights
An international treaty among European states to protect human rights and fundamental freedoms. It applies only to member states.
European Council
A forum where heads of state meet four times a year to define priorities and set political direction for the EU.
European Court of Human Rights
An international court that oversees theEuropean Convention on Human Rights and Fundamental Freedomsof 1950. The court is based in Strasbourg, France, and was set up in 1959.
European Data Protection Supervisor
The EDPS is the data protection regulator for theEUas an entity. Established by EU regulation, the EDPS ensures that the institutions of the EU; i.e., the commission, council, Parliament, etc., respect the fundamental rights and freedoms of individuals, particularly theirrights to privacy. Specifically, the job of the EDPS is to ”monitor the application of the provisions of this Regulation to all processing operations carried out by a Community institution or body.”
European Economic Area
An economic region that includes theEuropean Union(EU) and Iceland, Norway and Liechtenstein—which are not official members of the EU but are closely linked by economic relationship. Non-EU countries in the EEA are required to adopt EU legislation regarding the single market.
European Economic Community
Created by theTreaty of Rome, the EEC was a predecessor to theEuropean Unionthat promoted a single economic market across Europe.
European Parliament
The onlyEUinstitution whose members are directly elected by member states, Parliament has four responsibilities—legislative development, supervisory oversight of other institutions, democratic representation and budget development.
European Union
The European Union replaced theEEC, created by theTreaty of Rome, the EEC promoted a single economic market across Europe. The EU is comprised of 28 member states including Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Candidates include the Former Yugoslav Republic of Macedonia, Iceland, Montenegro, Serbia and Turkey.
EU-U.S. Safe Harbor Agreement
An agreement between the EU and U.S. under which data may be exported to the U.S. in compliance with the EU Directive on Data Protection. Within a safe harbor agreement a data processor must abide by seven principles that and self-certify the compliance with to the Department of Commerce. These principles are notice, choice, consent to onward transfer, security, integrity, access, and enforcement. Certifying oneself as abiding by the Safe Harbor Framework without full compliance may be considered a deceptive trade practice under section 5 of the FTC Act.
In 2015, the European Court of Justice invalidated Safe Harbor. The EU and the U.S. have a new agreement called the EU-U.S. Privacy Shield.
Reference(s) in IAPP Certification Textbooks: F39-41; US19; C114; E295
Factortame
A 1989 case brought before theEuropean Court of Justicewhich established the precedence ofEUlaw over national laws of member states in areas where the EU has competence.
Fair Credit Reporting Act, The
One of the oldest U.S. federal privacy laws still in force today. It was enacted in 1970 to mandate accurate and relevant data collection, give consumers the ability access and correct their information, and limit the use of consumer reports to permissible purposes, such as employment and extension of credit or insurance.
Fairness
One of two requirements established by theEU Data Protection Directivefor the processing ofpersonal data. In order to be considered fair, thedata controllermust provide specific information to thedata subjectprior to processing.
Federal Trade Commission
The United States’ primary consumer protection agency, the FTC collects complaints about companies, business practices and identity theft under the FTC Act and other laws that they enforce or administer. Importantly, the FTC brings actions under Section 5 of the FTC Act, which prohibits unfair and deceptive trade practices.
Four Classes of Privacy
Four main areas of privacy are of particular interest with regard to data protection and privacy laws and practices:information privacy,bodily privacy,territorial privacy, andcommunications privacy.
Freely-Given Consent
Consentthat is given when thedata subjecthas a genuine choice and there is no risk of coercion, deception, or intimidation if the data subject does not consent.
Gaskin v. United Kingdom
A court case in which it was decided the restriction of an applicant’s access to their file was contrary to article 8 of the European Convention on Human Rights.
GET Method
The GET and POSTHTMLmethod attributes specify how form data is sent to a web page. The GET method appends the form data to theURLin name/value pairs allowing passwords and other sensitive information collected in a form to be visible in the browser’s address bar, and is thus less secure than the POST method.
Global Privacy Enforcement Network
GPEN aims to promote cross-border information sharing as well as investigation and enforcement cooperation among privacy authorities around the world. Another cross-border enforcement cooperation effort is the Asia-Pacific Economic Cooperation
Haralambie v. Romania
A court case claiming that the Romanian government violated Article 8 of theEuropean Convention on Human Rightsby placing of obstacles in the way of an applicant when he sought access to the file on him drawn up by the Communist government’s secret service.
Individual Participation
Afair information practicesprinciple, it is the principle that an individual should have the right: a) to obtain from adata controller, or otherwise, confirmation of whether or not the data controller has data relating to him; b) to have data relating to him communicated to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner, and in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and d) to challenge data relating to him and, if the challenge is successful, to have the data erased, rectified, completed or amended.
Information Life Cycle
Collection,processing, use, disclosure,retention, and destruction.
Information Privacy
One of the four classes of privacy, along withterritorial privacy,bodily privacy, andcommunications privacy. The claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about them is communicated to others.
Information Security
The protection of information for the purposes of preventing loss, unauthorized access and/or misuse. It is also the process of assessing threats and risks to information and the procedures and controls to preserveconfidentiality, integrity and availability of information.
International Data Transfers
The transmission ofpersonal informationfrom one jurisdiction to another. Many jurisdictions, most notably theEuropean Union, place significant restrictions on such transfers. The EU requires that the receiving jurisdiction be judged to have “adequate” data protection practices.
Internet Service Provider
A company that provides Internet access to homes and businesses through modem dial-up, DSL, cable modem broadband, dedicated T1/T3 lines or wireless connections.
ISO 27002
The ISO (International Organization for Standardization) 27002 standard is a code of practice forinformation securitywith hundreds of potential controls and control mechanisms. The standard is intended to provide a guide for the development of “organizational security standards and effective security management practices and to help build confidence in inter-organizational activities”.
Law Enforcement Authority
A body sanctioned by local, regional or national governments to enforce laws and apprehend those who break them. In Europe, public law enforcement authorities are governed by strict rules of criminal procedure designed to protect the fundamental human right to privacy enshrined in Article 8 of theEuropean Convention on Human Rights(ECHR).
Lawfulness
According to theEU Data Protection Directive, processing ofpersonal datamust meet two specific requirements; fairness and lawfulness. Lawfulness suggests a community-wide set of norms enforceable by the intervention of the state. In order to be lawful, processing must meet all legal requirements.
Layered Notice
Aprivacy noticedesigned to respond to problems with a excessively long notices. A short notice—the top layer—provides a user with the key elements of the privacy notice. The full notice—the bottom layer—covers all the intricacies in full. In Europe, theArticle 29 Working Partyrecommends three layers: a short notice, a condensed notice and a full notice.
Layered Security Policy
A layered approach defines three levels of security policies. The top layer is a high-level document containing the controller’s policy statement. The next layer is a more detailed document that sets out the controls that will be implemented to achieve the policy statements. The third layer is the most detailed and contains the operating procedures, which explain how the policy statements will be achieved in practice.
Legitimate Interests of Controller
One of several legitimate processing criteria required by theEU Data Protection Directive. This rather broad criteria states “Processing is necessary for the purposes of the legitimate interests pursued by thecontrolleror by the third party or parties to whom the data is disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subject, which require protection under Article 1(1).”
Legitimate Processing Criteria
To process data in compliance with EU data protection law, a controller must be able to base the processing activity on at least one legitimate criteria derived from theData Protection Directive. These criteria are consent, necessity, contract requirement, legal obligation, protection ofdata subject, public interest andlegitimate interests of the controller.
Lindqvist Judgement
A case in which theEuropean Court of Justiceruled that a woman who identified and included information about fellow church volunteers on her website was in breach of theData Protection Directive95/46/EC. The ECJ held that the creation of a personal website was not a personal activity allowing the woman to be exempted from the data protection rules.
Location-Based Service
Services that utilize information about location to deliver, in various contexts, a wide array of applications and services, including social networking, gaming and entertainment. Such services typically rely upon GPS,RFIDor similar technologies in which geolocation is used to identify the real-world geographic location of an object, such as a cell phone or an Internet-connected computer terminal.
Madrid Resolution
A resolution that was adopted by theInternational Conference of Data Protection and Privacy Commissioners, consisting of 80 data protection authorities from 42 countries around the world, including members of theArticle 29 Working Party. Principles include:lawfulnessandfairness; purpose specification;proportionality;data quality;openness;accountability.
Members of the European Parliament
MEPs have the right to propose written and oral questions to theEuropean Counciland theEuropean Commissionproviding another layer of oversight in the legislative process.
Multi-Factor Authentication
Theauthenticationof a user by multiple means. This is typically accomplished by a requirement for both a password and at least one other form of authentication such as a pass card,biometricscan or an “out of band” means such as a phone call.
Notification (EU)
(Three-fold purpose) The process by which information aboutdata controllersand theirpersonal dataprocessing operations comes to be included in a publicly-accessible register maintained by the relevant nationalDPA.
OECD Guidelines
(1)TheCollection LimitationPrinciple. There should be limits to the collection ofpersonal dataand any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge orconsentof thedata subject. (2)TheData QualityPrinciple. Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date. (3)ThePurpose SpecificationPrinciple. The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose. (4)TheUse LimitationPrinciple. Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 8 (below) except a) with the consent of the data subject; or b) by the authority of law. (5)TheSecurity SafeguardsPrinciple. Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data. (6)TheOpennessPrinciple. There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of thedata controller. (7)TheIndividual ParticipationPrinciple. An individual should have the right: a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him; b) to have data relating to him communicated to him, within a reasonable time, at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial, and d) to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.(8) TheAccountabilityPrinciple. A data controller should be accountable for complying with measures which give effect to the principles stated above.
Omnibus Laws
Laws in which the government has defined requirements throughout the economy including public-sector, private-sector and health-sector.
Online Behavioral Advertising
Websites or online advertising services that engage in the tracking or analysis of search terms, browser or user profiles, preferences, demographics, online activity, offline activity, location data, etc., and offer advertising based on that tracking.
Openness
Afair information practicesprinciple, it is the principle that there should be a general policy of openness about developments, practices and policies with respect topersonal data. Means should be readily available to establish the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of thedata controller.
Opinion 1/2003
AnArticle 29 Working Partyopinion on the storage of traffic data for billing purposes that recommends that telecommunications service providers ordinarily store personal traffic data for a maximum period of three to six months, except for disputed cases, where data may be processed for longer.
Link to text of:Opinion 1/2003
Opinion 1/2008
Reference(s) in I
APP Certification Textbooks: E91
Opinion 1/2010
Link to text of:Opinion 1/2003
Opinion 2/2010
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Opinion 4/2007
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Opt-Out
Opinion 1/2008
Outsourcing
AnArticle 29 Working Partyopinion that advises search engine providers to keep data for a maximum period of six months and to provide justifications for such retention periods. Therefore, when search engine providers intend to keep data for longer than six months, the Article 29 Working Party recommends they demonstrate comprehensively that it is strictly necessary for the service.
Perimeter Controls
Reference(s) in IAPP Certification Textbooks: E91
Personal Data
Link to text of:Opinion 1/2008
Personal Information
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Policy Framework
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Postal Marketing
Opinion 1/2010
Privacy by Design
A 2010Article 29 Working Partyopinion on the concepts of “controller”and “processor”that provides assistance to organisations operating in theEuropean Unionwhen engaging service providers and when acting as a service provider. The distinction between controller and processor is crucial as it determines who is responsible for compliance with data protection law and dealing with data subjects’ rights, the applicable law and the enforcement actions ofdata protection authorities.
Privacy Notice
Link to text of:Opinion 1/2010
Privacy Officer
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Privacy Policy
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Public Law Enforcement Authorities
Opinion 2/2010
Purpose Limitation
AnArticle 29 Working Partyon onlinebehavioural advertisingadopted on 22 June 2010, the Article 29 Working Party states that Article 6(1)(e) requires data to be deleted when it is no longer necessary for the purpose for which the data was collected. Compliance with this principle requires limiting the storage of information. Accordingly, it states that companies must specify and respect express timeframes under which data will be retained. Pursuant to this, information about users’ behaviour has to be eliminated if it is no longer needed for the development of a profile.
Purpose Specification
Reference(s) in IAPP Certification Textbooks: E91
Radio-Frequency Identification
Link to text of:Opinion 2/2010
Rectification
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Re-identification
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Right Not To Be Subject to Fully Automated Decisions
Opinion 4/2007
Right To Be Forgotten
AnArticle 29 Working Groupopinion the concept of personal data, theEuropean Unionaimed for a ‘wide notion’ of the concept ofpersonal dataso as to include all information concerning an identifiable individual. On that basis, the concept embraces considerable amounts of information, even where the link between such information and an identifiable individual is tenuous.
Right to Object
Link to text of:Opinion 4/2007
Right to Rectification, Erasure or Blocking
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Safe Harbor
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Security Safeguards
Opt-In
Six Major European Union Institutions, The
One of two central concepts of choice. It means an individual makes an active affirmative indication of choice; i.e., checking a box signaling a desire to share his or her information with third parties.
SPAM
Reference(s) in IAPP Certification Textbooks: F16; US38-40; C116-117; E136; G171
Special Categories of Data
Associated term(s):Choice;Consent;Opt-Out
Standard Model Clauses
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Traffic Data
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Transit
Opt-Out
Treaty of Lisbon
One of two central concepts of choice. It means that an individual’s lack of action implies that a choice has been made; i.e., unless an individual checks or unchecks a box, his or her information will be shared with third parties.
Unambiguous Consent
Reference(s) in IAPP Certification Textbooks: F16; US38-40; C116-117; E136
Universal Declaration of Human Rights
Associated term(s):Choice;Consent;Opt-In
Use Limitation
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WebTrust
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Works Councils
Organization for Economic Cooperation and Development
