Cipp/Us

3 branches of US Gov't & functions - Answer-Legislative - make laws Executive - enforce laws Judicial - interpret laws What state constit explicitly recognizes rt to privacy? - Answer-California 10th Amdmt - Answer-Where no fed law prevents it, states may make law. Federal Preemption? - Answer-A superior govt's ability to have its laws supersede those of an inferior govt. CAN-SPAM FCRA (?) Not preempted - Answer-HIPAA data breach notification (gen) stare decisis = - Answer-let the (past) decision stand Examples of common law of privacy - Answer-doctor/patient priv attny/client priv Agency-created law - Answer-Consent decrees (judgment w/ force of law) Opinions/guidance K law needs: - Answer-Offer, Acceptance, & Consideration Torts in privacy - Answer-Intentional, Negligent, Strict Liability Since 1890's: Intrusion on seclusion Public revelation of private facts Interfering with someone's rt to publicity Casting person in a false light (DEFENSE: just free speech) Newer: negligent failure to use adequate safeguards Person = - Answer-Any entity with legal rights Natural *or* Legal person Private right of action - Answer-Right of an individual harmed under law to sue. Function of notice = - Answer-(1) consumer education; (2) corporate accountability "privacy notice" is external-facing document, the promises in which are legally enforceable by FTC. Types of choice - Answer-Express *OR* Implied. Opt-in: express act of consent. Opt-out: Implied by failure to object to the use/disclosure. "Meaningful" choice = based on understanding. Access = - Answer-Ability to view personal info held by an org. May be supplemented by allowing updates or corrections.