CIPP-US > Legal Foundations > Flashcards

Legal Foundations Flashcards

Understand the key sources of U.S. privacy law, including constitutional principles, statutes, and common law. (101 cards)

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1
Q

What are the three branches of the U.S. federal government?

A
  1. Legislative
  2. Executive
  3. Judicial
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2
Q

What is the main function of the Legislative branch?

A

They are responsible for making laws.

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3
Q

What are the two chambers of the Legislative branch?

A
  1. House of Representatives
  2. Senate
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4
Q

What is the main function of the Executive branch?

A

Executes/implements laws

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5
Q

Who leads the Executive branch?

A

President

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6
Q

What entities support the Executive branch in enforcing laws?

A

Federal agencies

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7
Q

What are the main functions of the Judicial branch?

A

It interprets and adjudicates laws.

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8
Q

What are the three levels of federal courts?

A
  1. District courts
  2. Circuit/appellate courts
  3. Supreme Court
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9
Q

Why does the U.S. government have three branches?

A

To ensure:

  • Separation of powers and
  • Checks and balances
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10
Q

What is meant by ‘separation of powers’?

A

Each branch has its own responsibilities to prevent concentration of power.

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11
Q

What are ‘checks and balances’?

A

A system where each branch can limit the powers of the others.

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12
Q

How does the Legislative branch check on the Executive?

A

By approving bills before the President signs them.

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13
Q

How does the Judicial branch check the Executive?

A

It can rule laws signed by the President as unconstitutional.

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14
Q

What is the hierarchy of governments in the U.S.?

A

Federal > State > Local

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15
Q

What is the scope of Federal government authority?

A

Applies across the entire U.S.

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16
Q

What is the scope of State government authority?

A

Applies within a specific state.

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17
Q

What is the scope of Local government authority?

A

Applies within a specific city, village, or town.

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18
Q

What branches do state governments also have?

A
  • Legislative
  • Executive
  • Judicial
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19
Q

What is the U.S. Constitution?

A

The supreme law of the land that organizes government and assigns roles and authorities.

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20
Q

How many constitutions are there in the U.S.?

A

51

1 federal and 50 state constitutions

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21
Q

What are ‘penumbra’ rights?

A

Rights implied from other explicitly stated rights.

Example: Griswold v. Connecticut (1965): right to use contraceptives

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22
Q

How many amendments are in the U.S. Constitution?

A

27

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23
Q

What are the first 10 amendments called?

A

The Bill of Rights

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24
Q

What does the 10th Amendment cover?

A

States’ rights

Powers not delegated by the Constitution are reserved to the states or the people.

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25
What is **preemption**?
When a **higher authority overrides** a lower one. ## Footnote Example: when federal law overrides state law
26
Is '**privacy**' explicitly **mentioned** in the U.S. Constitution?
**No**, but privacy rights are **inferred** through several amendments.
27
Which **amendments** relate to privacy?
* 3rd * 4th * 5th * 14th
28
What does the **3rd Amendment** protect?
Against **quartering soldiers** in private homes.
29
What does the **4th Amendment** protect?
Against **unreasonable search and seizure**.
30
What does the **5th Amendment** protect?
Informational privacy and **against self-incrimination**.
31
What does the **14th Amendment** protect?
* Due process * Bodily privacy
32
What concept did **Roe v. Wade** (1973) establish?
That **bodily privacy** (abortion rights) falls under the right to privacy.
33
Which **state** constitution explicitly includes a **right to privacy**?
California's Constitution
34
What **global documents** recognize privacy as a right?
* UN Universal Declaration of Human Rights * Council of Europe's Convention on Human Rights
35
What is a **law**?
A **rule or principle** that governs society.
36
What is a **bill's path** to **becoming law**?
Congressional Hearings > Committees > Markup > Vote > President signs into law
37
What is **case/common law**?
**Final court decisions** that create legal precedent (stare decisis).
38
What does '**stare decisis**' mean?
Latin for '**to stand by things decided**'; basis for legal precedent.
39
What is a **contract**?
A **legally binding agreement** with: * Offer * Acceptance * Consideration
40
What is '**consideration**' in contract law?
Each party **gives something of value**.
41
What is a **tort**?
A **civil wrong** resulting in harm.
42
What are the **three categories** of torts?
1. Intentional 2. Negligent 3. Strict Liability
43
What are the **four privacy torts**?
1. Intrusion on seclusion 2. Publicity given to private life 3. False light 4. Appropriation
44
What is '**intrusion on seclusion**'?
**Unwarranted intrusion** into someone's private space or affairs.
45
What is '**publicity given to private life**'?
Revealing private facts **not of public concern**.
46
What is '**false light**'?
Publicizing **false or misleading** information creating a false impression.
47
What is '**appropriation**'?
Using someone's identity **without permission**.
48
What is a **regulation**?
**Requirement** issued by a government agency to **implement a law**.
49
What is **the process** of creating a **regulation**?
Law passed > Agency issues NOPR > Public comment > Final rule published ## Footnote NOPR: Notice of Proposed Rulemaking; also written as NPRM.
50
What is a **Notice of Proposed Rulemaking**? | (NOPR)
Draft rule published for **public comment** in the Federal Register.
51
What is a **consent decree**?
* A formal agreement ending a dispute * Has legal force when signed by a judge
52
What is an **administrative enforcement action**?
An action **taken by an agency** with authority to enforce a law.
53
What is the role of an **Administrative Law Judge**? | (ALJ)
Oversees hearings concerning **administrative enforcement actions**.
54
What does it mean to **adjudicate**?
To **study and settle** a dispute or conflict.
55
What is **general authority**?
Broad power ## Footnote Example: FTC regulates unfair or deceptive trade practices.
56
What is **specific authority**?
Limited to a subject area ## Footnote Example: Dept. of Education under FERPA
57
What is an **injunction**?
A court order **to stop an activity**.
58
What is **jurisdiction**?
Power a court, government, or agency has to **interpret**, **apply,** and **declare** the law.
59
What is **litigation**?
The process of **resolving a dispute in court**.
60
What is a '**person**' in **legal terms**?
Can be a **natural** (human) or **legal** (entity) person.
61
What is a **private right of action**?
Right of an individual to: * Bring a lawsuit * Enforce a right * Seek redress
62
What does **FIP** stand for?
Fair Information Practices
63
What are some **variations of the FIPs** acronym?
* FIPPs (Fair Information Practice Principles) * FIPS (Federal Information Processing Standards)
64
What report **introduced** the FIPs and when?
U.S. HEW Report in 1973
65
What are the **five original FIPs** from the 1973 HEW Report?
1. No secret collection 2. Access and amendment 3. Consent 4. No secondary use 5. Appropriate safeguards
66
What are the **four 'buckets'** of Fair Information Practices?
* Rights of individuals * Controls on information * Information lifecycle * Management
67
What are the **three components** under '**Rights of Individuals**'?
* Notice * Choice and consent * Data subject access
68
What does '**notice**' mean in FIPs?
Informing individuals when data is collected.
69
What does '**choice and consent**' refer to?
Giving individuals control to: * Opt-in * Opt-out * Withdraw consent
70
What is '**data subject access**'?
The **right to view personal records** held by an organization.
71
What are some **stages of the information lifecycle**?
* Collection * Use * Retention * Disclosure * Destruction
72
What does '**management**' cover in FIPs?
**Administration**, **monitoring**, and **enforcement** of privacy policies.
73
What does '**administration**' include under management? | RE: FIPs
Defining **who** handles data, **how**, and **when**.
74
What does '**monitoring and enforcement**' involve? | RE: FIPs
Ensuring compliance with **privacy policies** and **procedures**.
75
What does **OECD** stand for?
Organisation of Economic Co-operation and Development
76
What is the OECD Guidelines **full title**?
Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
77
What are the **OECD principles**?
* Collection limitation * Data quality * Purpose specification * Use limitation * Security safeguards * Individual participation * Openness * Accountability
78
What is **Convention 108**?
Council of Europe's Convention on the Protection of Individuals regarding Automatic Processing of Personal Data.
79
What are **key elements** of Convention 108?
* Data quality * Special categories * Data security * Transborder data flows
80
What does **APEC** stand for?
Asia-Pacific Economic Cooperation
81
What are APEC's **privacy principles**?
* Notice * Collection limitation * Choice * Integrity * Security safeguards * Access and correction * Accountability
82
What are **additional features** of APEC Framework?
* Preventing harm * No secondary use * Purpose specification
83
What is the **Madrid Resolution**?
2009 **international standards** from 42 countries DPAs on data protection and privacy.
84
What are the **key principles** of the Madrid Resolution?
* Purpose specification * Data quality * Openness * Lawfulness and fairness * Proportionality * Accountability
85
What is the timeline of **major FIPs documents**?
* 1973 HEW Report * 1980 OECD Guidelines * 1981 Convention 108 * 2004 APEC Framework * 2009 Madrid Resolution
86
What is the **ST. PEAR** method used for?
A **framework to analyze** privacy laws.
87
What does ST. PEAR **stand for**?
* Scope * Tensions * Penalties & Preemption * Exceptions * Authorities * Requirements
88
What questions fall under '**Scope**'? | RE: ST. PEAR method
* Who is covered? * What info is involved? * When in effect? * Where applicable? * Why enacted?
89
What does '**Tensions**' refer to in ST. PEAR?
Conflicts between laws and how they are resolved. ## Footnote Example: Cable Communications Act (1984) requires notice; ECPA (1986) allows no notice in investigations. ECPA prevails.
90
What types of '**Penalties**' can laws impose? | RE: ST. PEAR
* Civil * Criminal * Administrative * Fines * Imprisonment * Private right of action
91
What does '**Preemption**' mean in legal analysis?
Whether a law **overrides** or is overridden by other laws.
92
What are '**Exceptions**' in a law? | RE: ST PEAR
Specific cases where **the law doesn't apply** (i.e., carve-outs). ## Footnote Example: Employee Polygraph Protection Act exempts government jobs, national security, etc.
93
What does '**Authorities**' refer to? | RE: ST PEAR
Entities **responsible for enforcement** ## Footnote Examples: agencies, attorneys general
94
What are '**Requirements**' in a law? | RE: ST PEAR
**Mandates and rights** provided by the law.
95
What is a **regulatory authority**?
A **federal or state agency** authorized to implement and enforce legislation.
96
Which agency enforces **HIPAA**?
Health and Human Services | (HHS)
97
Which agency enforces **COPPA**?
Federal Trade Commission | (FTC)
98
Which agency enforces **GLBA**?
Federal Reserve
99
Who enforces **state-level privacy laws**?
State Attorneys General.
100
Name **2 international bodies** supporting **cross-border privacy enforcement**.
* Global Privacy Enforcement Network (GPEN) * Cross-border Privacy Enforcement Arrangement (CPEA)
101
What are **common cross-border enforcement issues**?
* Cooperation * Conflicting laws * Enforcement ## Footnote Example: The US compels data disclosure, while GDPR prohibits it.
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