Module #2: Structure of U.S. Law Flashcards
Branches of US Government are?
Executive
Legislative
Judicial
What is covered by the executive branch
enforces laws.
It is made up by the
-president
appoints federal judges
and can veto laws
passed by Congress.
- vice president
- cabinet
-federal agencies.
agencies implement and
enforce laws.
What is covered by the legislative branch
makes and passes laws and can override presidential vetoes.
is made up of:
- Congress
- The House of Representatives
- Senate.
confirms presidential
appointees.
What is covered by judicial branch
interprets the law and determines whether the laws are constitutional.
is made up of:
- Federal courts,
- the U.S. Supreme Court
- the Court of Appeals
- circuit and district courts
Sources of Law
- Constitutions
- Legislation
- Regulations and Rules
- Case Law
- Common Law
- Consent decree
- Contract Law
- Tort Law
Constitutions
- is the supreme law in the US.
- privacy is not directly mentioned by is implied by the fourth amendment.
- state constitutions are also sources of law and can create stronger rights than those provided by the US Constitution
Fourth Amendment
right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
privacy and security laws have been passed by both federal and state legislatures
legislation
are implemented across numerous industries, from healthcare and education to finance and surveillance
state legislation may be stricter than national legislation, and in other cases, federal law overrides state laws, as with HIPPA and CAN-SPAM
Regulations and Rules
- issue regulations and rules that place compliance expectations on industries, such as marketing
- Regulatory agencies
- FTC
- Federal Communications Commission
when final decisions are made by judges in court cases
Case Law
often judges will look to past decisions and decide how to rule in the new case in a manner that was consistent with a past decision
these precedents do change, however, as technological and societal changes in values and laws evolve over time
refer to the principles that have developed over time thru judicial decisions and contrast with statutory laws
Common Law
- social customs and expectations confidentiality
- doctor-patient confidentiality
attorney-client confidentiality
agreements or settlements that resolve a dispute between 2 parties without admission of guilt or liability.
Consent decree
Thru a legal document approved by a judge, the defendant may have to take a specific action, such as agreeing to stop the alleged illegal activity or pay money to the government and agree to not violate the relevant law in the future
A legally binding contract that must include an offer, such as terms of the agreement, acceptance by the person to whom the offer was made, and consideration, which is the bargained-for exchange, as in money, property or services.
Contract law
civil wrongs recognized by laws as having the grounds for lawsuits. the primary goal of the lawsuit is to provide relief for damages incurred and deter others from committing the same wrongs.
Tort Law
The ability of an individual harmed by a violation of a law to file a lawsuit against the violator
Private right of action
A superior government’s ability to have its laws supersede those of an inferior government
Preemptive
Permission to regulate a field of activity or a singular activity, which is outlined by legislation
Authority
The authority of a court to hear a particular case
Jurisdiction
Person
can refer to an individual or an entire organization
6 Questions to Understand a Law
1) Who is covered by the law
2) What type of info and what uses of info are covered
3) What exactly is required or prohibited?
4) Who enforces the law?
5) What happens if I don’t comply?
6) Why does this law exist?
Who is covered by the law?
identifies an organization or person
What types of info and what uses of info are covered?
explains the scope of the law; suggest good practices or trends
What exactly is required or prohibited?
How one must comply with the law?
Who enforces the law?
Assesses the risk of failing to comply with the law
What happens if I don’t comply?
Assess the risk of failing to comply with the law
Why does this law exist?
fosters understandings and improvements of the law
- has the general authority to enforce rules against unfair and deceptive _____ practices.
- includes the power to bring deceptive enforcement actions where an organization has broken a privacy promise.
- has statutory responsibility for issues such as children’s online privacy and commercial email marketing and have been instrumental in developing U.S. privacy standards
Federal Trade Commission (FTC)
places significant compliance regulations on the marketplace.
governs communication industries such as tv, radio & telemarketing, online marketing laws such as:
- telemarketing sales rules
- controlling the assault of non-solicited pornography and marketing act (CAN-SPAM)
Federal Communications Commission (FCC)
- plays a leading role in federal privacy policy development and administers the Privacy Shield framework between the US and EU.
US Dept of Commerce (DOC)
created regulations to protect the privacy and security of healthcare info. responsible for HIPPA laws.
Dept of Health & Human Services (HHS)
enforces provisions by specific financial mandates, such as the Gramm-Leach-Bliley Act (or GLBA)
related to financial privacy and oversees the relationship between consumers and financial product and service providers
Federal Reserve Board
independent bureau of the US Dept of Treasury.
regulates and supervises all national and federal banks and savings institutions, including foreign banks
Office of the Comptroller of the Currency (OCC)
chief legal advisor to the state government, as well as the state’s chief law enforcement officer.
take enforcement action on a state’s unfair and deceptive practice laws, HIPPA, GLBA, the Telemarketing Sales Rule and violations of breach notification laws
State Attorney general
refers to many approaches to privacy protection. many industry groups create and monitor their own privacy guidelines and practices.
Government agencies, such as FTC, may be involved in enforcement and adjudication (for example, PCI DSS). Organizations may also adopt the guidelines of a third party and have that third party monitor and enforce compliance, as in third-party seal and certification programs, such as TrustArc and the BBB
Self-regulatory programs and trust marks
