WEEK-1 Flashcards
Exam Preparation
Constitutional Law
Developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits
Statutory Law
Passed by a legislative branch of government, be it the U.S. Congress or a local city council.
Administrative Law
Power of government-sponsored agencies to enforce behaviors through administrative rulemaking
Case Law
Originates from the judicial branch of government: judges decide on the applicability of laws and regulations.
Preemption
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution
Private Right of Action
Allows private parties to bring a lawsuit, even though no such remedy is explicitly provided for in the law.
Law of Evidence
Rules and legal principles that govern the proof of facts in a legal proceeding
Tort
An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability
Injury
Describes the invasion of any legal right
Harm
Describes a loss or detriment in fact that an
individual suffers
Standing
The ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party seeking to demonstrate standing must be able to show sufficient connection to and harm from the law or action challenged.
Remedy
The form of court enforcement of a legal right resulting from a successful civil lawsuit
Damages
A legal remedy, damages are the sum of money the law imposes for a breach of some duty or violation of some right.
Injunction
Court order requiring a person to do or cease doing a specific action
Privacy Protection in Tort Law
- Public disclosure of Private Facts – disclosure of private matter that is highly offensive to a reasonable person and is not of legitimate concern to the public
- Intrusion upon Seclusion – intruding upon the solitude of seclusion of another or his private affairs or concerns if the intrusion is highly offensive to a reasonable person
- False Light – disclosure of a matter that places a person in a false light that is highly offensive to a reasonable person
- Appropriation – appropriation to his own use or benefit the name or likeness of the plaintiff
First Amendment
- Right to speak anonymously;
- Freedom of association, which protects privacy of one’s associations;
Third Amendment
Protection of the home from the quartering of troops
Fourth Amendment
Protection to be secure in in their persons, houses, papers, and effects, against unreasonable searches and seizures;
Fifth Amendment
Privilege against self-incrimination
Code of Fair Information Practices established in 1973
-No personal-data record-keeping systems whose existence is secret
• There must be a way for an individual to find out what information about him is in a record and how it is used
• There must be a way for an individual to prevent information about him obtained for one purpose from being used or made available for other purposes w/o consent
• There must be a way for an individual to correct or amend a record of identifiable information about him
• Any organization creating, maintaining, using, or disseminating records of identifiable personal data must ensure the reliability of the data for their intended use and must take reasonable precautions to prevent misuse of data
Fair Credit Reporting Act
Provides citizens with rights regarding use and disclosure of their personal information by credit reporting agencies
Privacy Act
Provides individuals with a number of rights concerning their personal information maintained in gov’t record systems
Right to Financial Privacy Act
Requires subpoena or search warrant for law enforcement officials to obtain financial records
Family Educational Rights and Privacy Act
Protects privacy of school records
Foreign Intelligence Surveillance Act
Regulates foreign intelligence gathering within the US
Privacy Protection Act
Restricts gov’t ability to search and seize the work product of the press and media
Cable Communications Policy Act
Mandates privacy protection for records maintained by cable companies
Electronic Communications Privacy Act
Updates federal electronic surveillance law to respond to new developments in technology
Computer Matching and Privacy Protection
Regulates automated investigations conducted by gov’t agencies comparing computer files
Employee Polygraph Protection
Governs use of polygraphs by employers
Video Privacy Protection Act
Protects privacy of video tape rental information
Telephone Communication Protection Act
Provides certain remedies from repeat phone calls by telemarketers
Driver’s Privacy Protection
Restricts states from disclosing or selling personal info in their motor vehicle records
HIPAA
Gives HHS authority to promulgate regulations governing privacy of medical records
Identity Theft and Assumption Deterrence
Criminalizes transfer or use of fraudulent identification with intent to commit unlawful activity
Children’s Online Privacy Protection
Restricts use of info gathered from children under age 13 by internet websites
Gramm-Leach-Bliley
Hint -SPF
Requires privacy notices and provides opt-out rights when financial institutions seek to disclose personal data to other companies
CAN-SPAM
Provides penalties for transmission of unsolicited email
Fair and Accurate Credit Transactions Act
Updates Fair Credit Reporting
Act, providing additional protections against identity theft
Video Voyeurism Prevention Act
Criminalizes the capturing of nude images of people (when on federal property) under circumstances where they have reasonable expectation of privacy
Health Information Technology for Economic and Clinical Health Act
Expands HIPAA coverage, strengthens penalties for HIPAA violations and provides data breach notification under HIPAA
Bank Secrecy Act
Some statutes mandated government collection of sensitive personal data
Requires banks to maintain reports of people’s financial transactions to facilitate gov’t white collar investigations
USA-PATRIOT Act
Some statutes mandated government collection of sensitive personal data
Amends a number of electronic surveillance statutes and others to facilitate law enforcement investigations and access to information
Personal Responsibility and Work Opportunity Reconciliation Act
(Some statutes mandated government collection of sensitive personal data)
Requires collection of personal info (SSNs, addresses, & wages) of all people who obtain a new job anywhere in the nation, which will be placed in a national database to help track deadbeat parents
Communication Assistance for Law Enforcement Act
Some statutes mandated government collection of sensitive personal data
Requires telecommunication providers to facilitate gov’t interceptions of communications and surveillance
4 Types of Laws?
Constitutional, Statutory, Administritive and Case or Common
C-S-A-C
1.1. (True/False) US cyber laws begin with the notion of privacy.
TRUE
1.2. Why are consumers concerned with sharing personal information? A. Data may be stolen B. Data may be improperly disclosed C. Data may be lost D. All the above
D. All of the above
1.3.The Four types of laws are Constitutional, statutory, administrative, and __________.
Ans: Case
The four sources of laws are constitutional, statutory, administrative, and case.
1.4. Describe the repercussions a company may experience following a data breach.
Ans: Customer turnover and increased customer acquisition activities; reputation loss and information loss; and class-action litigation
