Privacy Law Enforcement Flashcards
Disputes between individuals and/or organizations
Civil litigation
Legal punishment of criminal offenses
Criminal litigation
Who are civil litigations initiated by?
Private Party/Government
Who is criminal litigation initiated by?
Government
Civil Punishments
Compensation/Monetary
Criminal Punishment
Fine, restitution, incarceration
Absence of or failure to exercise proper or ordinary care
Negligence
Failure of a seller to fulfill the terms of a promise, claim or representation
Breach of Warranty
False security about the safety of a particular product or service
Misrepresentation
Untruth about another that will harm the reputation of the person defamed
Defamation
Libel - Written
Slander - Oral
Extension of the responsibility of the vendor or manufacturer to all individuals who might be
injured by a product or service
Strict Tort Liability
Action required, permitted or enacted by statute
Statutory Actions
The respondent does not admit fault, but promises
to change its practice and avoids further litigation on the issue
Consent Decree
prohibits, inter alia, “unfair methods of competition.”
Section 5 FTC
Department of Transportation (DOT)
Transportation companies and enforcing violations of EU-US privacy shield
Privacy and security issues for internet-connected cars
Department of Commerce
Play leading role in Federal privacy policy development.
Office of Management and Budget
Lead agency for interpreting Privacy Act of 1974
Issues guidance to agencies and their contractors for privacy program management and other privacy requirements
IRS
Rules revolving around tax records
Department of Homeland Security
E-verify program, immigration, air travelor records
Department of health and human services (HHS)
Plays a role in enforcing HIPAA rules
Works in conjunction with the Department of Justice (DOJ) to refer possible criminal violations of HIPAA
FTCs 2015 privacy and security update. 5 business practices
- Know what data you have and who has a legitimate right or need to access it
- Limit data retained based on legitimate need
- Implement safeguards to protect data
- Dispose of data when no longer needed
- Have a plan for responding to security incidents
many approaches to privacy protection—analogous to the governmental regulation
self-regulatory