ANSWERS GRADED A+
✔✔constitutions - ✔✔Federal - "The supreme law of the land" in the United States,
drafted originally by the Constitutional Convention in 1787. It does not contain the word
privacy.
State - Is a sources of law and may create stronger rights than are provided at the
federal level. Example - California expressly recognizes a right to privacy.
✔✔legislation (statutes) - ✔✔The act of making or enacting laws
✔✔regulations and rules - ✔✔Issued by regulatory agencies, required by certain laws.
✔✔contract law - ✔✔Law that refers to a legally binding agreement enforceable in a
court of law. A binding contract must include an offer (terms of agreement), acceptance,
consideration (money, property, services).
✔✔case law - ✔✔Final court case decisions made by judges in court cases.
✔✔common law - ✔✔Legal principles that have developed over time in judicial
decisions (court law), often drawing on social customs and expectations.
✔✔consent decrees - ✔✔Judgement entered by the consent of the parties whereby the
defendant agrees to stop alleged illegal activity, typically without admitting guilt or
wrongdoing.
✔✔tort law - ✔✔Civil wrongs recognized by law as the grounds for lawsuits.
✔✔intentional tort - ✔✔These are wrongs that the defendant knew or should have
known would occur through their actions or inactions.
✔✔negligent tort - ✔✔These occur when the defendant's actions were unreasonably
unsafe.
✔✔strict liability tort - ✔✔Wrongs that do not depend on the degree of carelessness by
the defendant but are established when a particular action causes damage.
✔✔person - ✔✔Any entity with legal rights including an individual (a "natural person") or
a corporation (a "legal person").
✔✔private right of action - ✔✔The ability of an individual harmed by a violation of law to
file a lawsuit against the violator.
,✔✔jurisdiction - ✔✔The authority of a court to hear a particular case. A court must have
jurisdiction over both the type of dispute ("subject matter jurisdiction") and the parties
("personal jurisdiction").
✔✔general authority - ✔✔Blanket authority to regulate a field of activity.
✔✔specific authority - ✔✔Targeted at singular activities, which are outlined by
legislation.
✔✔preemption - ✔✔A superior government's ability to have its laws supersede those of
an inferior government. Federal law can preempt state law but state law cannot preempt
federal law.
✔✔notice - ✔✔A description of an organization's information management practices.
They have two purposes: consumer education and corporate accountability. They tell an
individual what information is collected, how the information is used and disclosed, how
to exercise any choices about uses or disclosures, and whether the individual can
access or update the information.
✔✔choice - ✔✔The ability to specify whether personal information will be collected
and/or how it will be used or disclosed. Can be express or implied.
✔✔access - ✔✔The ability to view personal information held by an organization.
✔✔opt-in - ✔✔Affirmative indication of choice based on an express act of the person
giving the consent.
✔✔opt-out - ✔✔A choice can be implied by the failure of the person to object to the use
or disclosure.
✔✔OECD Guidelines (1980) - ✔✔(1) Collection Limitation Principle
(2) Data Quality Principle
(3) Purpose Specification Principle
(4) Use Limitation Principle
(5) Security Safeguards Principle
(6) Openness Principle
(7) Individual Participation Principle
(8) Accountability Principle
✔✔Federal Trade Commission (FTC) - ✔✔A federal agency that has the authority to
enforce against unfair and deceptive trade practices.
✔✔U.S Health, Education and Welfare FIPs (1973) - ✔✔1) There must be no personal
data record-keeping systems whose very existence is secret
,2) There must be a way for a person to find out what information about the person is in
a record and how it is used
3) There must be a way for a person to prevent information about the person that was
obtained for one purpose from being used or made available for other purposes without
the individual's consent
4) There must be a way for a person to correct or amend a record of identifiable
information about the person
5) Any organization creating, maintaining, using or disseminating records of identifiable
personal data must assure the reliability of the data for its intended use and must take
precautions to prevent misuse of the data
✔✔Council of Europe Convention (1981) - ✔✔Protection of individuals with regard to
automatic processing of personal data.
Basic Principles:
1) Quality of data
2) Special categories of data
3) Data security
4) Transborder data flows
✔✔Collection Limitation Principle - ✔✔There should be limits to the collection of
personal data and any such data should be obtained by lawful and fair means and,
where appropriate, with the knowledge or consent of the data subject.
✔✔Data Quality Principle - ✔✔Personal data should be relevant to the purposes for
which they are to be used, and, to the extent necessary for those purposes, should be
accurate, complete and kept up-to-date.
✔✔Purpose Specification Principle - ✔✔The purposes for which personal data are
collected should be specified not later than at the time of data collection and the
subsequent use limited to the fulfillment of those purposes or such others as are not
incompatible with those purposes and as are specified on each occasion of change of
purpose.
✔✔Use Limitation Principle - ✔✔Personal data should not be disclosed, made available
or otherwise used for purposes other than those specified in accordance with Paragraph
8 (below) except a) with the consent of the data subject; or b) by the authority of law.
✔✔Security Safeguards Principle - ✔✔Personal data should be protected by
reasonable security safeguards against such risks as loss or unauthorized access,
destruction, use, modification or disclosure of data.
✔✔Openness Principle - ✔✔There should be a general policy of openness about
developments, practices and policies with respect to personal data. Means should be
readily available of establishing the existence and nature of personal data, and the main
purposes of their use, as well as the identity and usual residence of the data controller.
, ✔✔Individual Participation Principle - ✔✔An individual should have the right
a) to obtain from a data controller, or otherwise, confirmation of whether or not the data
controller has data relating to him;
b) to have data relating to him communicated to him, within a reasonable time, at a
charge, if any, that is not excessive; in a reasonable manner; and in a form that is
readily intelligible to him;
c) to be given reasons if a request made under subparagraphs (a) and (b) is denied,
and to be able to challenge such denial, and
d) to challenge data relating to him and, if the challenge is successful to have the data
erased, rectified, completed or amended.
✔✔Accountability Principle - ✔✔A data controller should be accountable for complying
with measures which give effect to the principles stated above.
✔✔APEC Privacy Framework (2004) - ✔✔A framework to enable regional data
transfers to benefit consumers, businesses, and governments.
1) Preventing Harm
2) Notice
3) Collection Limitation
4) Use of Personal Information
5) Choice
6) Integrity of Personal Information
7) Security Safeguards
8) Access and Correction
9) Accountability
✔✔Madrid Resolution (2009) - ✔✔Approved by the independent data protection and
privacy commissioners at the Annual International Conference of Data Protection and
Privacy Commissioners in Madrid, Spain. A set of principles and rights guaranteeing the
effective and internationally uniform protection of privacy with regard to the processing
of personal data and the facilitation of the international flows of personal data needed in
a globalized world.
1) Principle of lawfulness and fairness
2) Purpose specification principle
3) Proportionality principle
4) Data quality
5) Openness principle
6) Accountability
✔✔offer - ✔✔The proposed language to enter into a bargain. An offer must be
communicated to another person and it remains open until it is accepted, rejected,
retracted, or has expired.
✔✔acceptance - ✔✔The assent or agreement by the person to whom the offer was
made that the offer is accepted.