Privacy & Laws Flashcards
This act regulates the operations of credit reporting bureaus, including how they collect, store, and use credit information.
It’s enforced by the Federal Trade Commission.
Fair Credit Reporting Act
This act protects the records of financial institution customers from unauthorized scrutiny by the federal government. Under this act, a customer must receive written notice if a federal agency is seeking their records along with an explanation of why.
Right to Financial Privacy Act
This act repealed the Glass-Steagall law, which prohibited a single institution from offering investment, commercial banking, and insurance services. Under Glass-Steagall, they could only provide one of these services. However, now banks can provide all three!
Gramm-Leach-Bliley Act (GLBA)
aka The Financial Services Modernization Act
This act, from 2003, allows customers to receive a free credit report once yearly from each of the 3 primary consumer credit reporting companies (Equifax, Experian, and TransUnion).
Fair and Accurate Credit Transactions Act
This act was designed to improve the portability and continuity of health insurance coverage; to reduce fraud, waste, and abuse in health insurance and healthcare delivery.
Health Insurance Portability and Accountability Act (HIPAA)
This act includes the Health Information Technology for Economic and Clinical Health Act (HITECH), which offers strong privacy provisions for electronic health records. It bans the sale of health info, promotes audit trails, and provides access right for patients.
American Recovery and Reinvestment Act
This law provides rights to parents regarding their children’s educational records, they transfer to the individual at age 18. Provides rights to access, disclose, and amend these records.
Family Educational Rights and Privacy Act (FERPA)
With this act, any website that caters to children must offer privacy policies, notify parental guardians about data collection practices, and receive parental consent before collecting information from children under 13.
Children’s Online Privacy Protection Act (COPPA)
This law regulates the interception of wire (telephone) and oral communications. State and federal law enforcement can wiretap only with warrant from judge.
Title 3 of the Omnibus Crime Control and Safe Streets Act
aka the “Wiretap Act”
This act describes procedures for the electronic surveillance of foreign intelligence information in communications between foreign powers and their agents. Uses a secret court to approve the surveillance.
Foreign Intelligence Surveillance Act (FISA)
This legal order allows intelligence-gathering agencies to collect information, including messages, obtained in the course of lawful foreign intelligence, counterintelligence, international drug, or international terrorism investigation.
Executive Order 12333 by Ronald Reagan
This act offers protection of communications while in transfer to sender/receiver and electronic storage. Also, it prohibits devices from recording without a search warrant or National Security Letter (NSL). When legally approved, pen registers or trap-and-trace devices may be used by law enforcement.
Electronic Communications Privacy Act (ECPA)
This act maintains that a court order to intercept electronic communication can only be obtained if it is shown that a crime is being committed, that the communications about the crime will be intercepted, and the equipment being tapped is being used by the suspect. This act amended both Wiretap Act and ECPA.
Communications Assistance for Law Enforcement Act (CALEA)
This act was passed after 9/11, expanding abilities of both domestic law enforcement and US intelligence agencies to search telephone, email, medical, financial, and other records. Also eased restrictions on gathering foreign intelligence.
USA Patriot Act
This act was signed by the president following 9/11, granting the NSA’s ability to collect (without court-approved warrants) international communications as they flow through US telecommunications equipment.
FISA Amendments Act of 2008