Privacy Law Enforcement Flashcards

1
Q

Disputes between individuals and/or organizations

A

Civil litigation

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2
Q

Legal punishment of criminal offenses

A

Criminal litigation

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3
Q

Who are civil litigations initiated by?

A

Private Party/Government

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4
Q

Who is criminal litigation initiated by?

A

Government

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5
Q

Civil Punishments

A

Compensation/Monetary

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6
Q

Criminal Punishment

A

Fine, restitution, incarceration

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7
Q

Absence of or failure to exercise proper or ordinary care

A

Negligence

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8
Q

Failure of a seller to fulfill the terms of a promise, claim or representation

A

Breach of Warranty

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9
Q

False security about the safety of a particular product or service

A

Misrepresentation

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10
Q

Untruth about another that will harm the reputation of the person defamed

A

Defamation
Libel - Written
Slander - Oral

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11
Q

Extension of the responsibility of the vendor or manufacturer to all individuals who might be
injured by a product or service

A

Strict Tort Liability

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12
Q

Action required, permitted or enacted by statute

A

Statutory Actions

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13
Q

The respondent does not admit fault, but promises

to change its practice and avoids further litigation on the issue

A

Consent Decree

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14
Q

prohibits, inter alia, “unfair methods of competition.”

A

Section 5 FTC

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15
Q

Department of Transportation (DOT)

A

Transportation companies and enforcing violations of EU-US privacy shield

Privacy and security issues for internet-connected cars

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16
Q

Department of Commerce

A

Play leading role in Federal privacy policy development.

17
Q

Office of Management and Budget

A

Lead agency for interpreting Privacy Act of 1974

Issues guidance to agencies and their contractors for privacy program management and other privacy requirements

18
Q

IRS

A

Rules revolving around tax records

19
Q

Department of Homeland Security

A

E-verify program, immigration, air travelor records

20
Q

Department of health and human services (HHS)

A

Plays a role in enforcing HIPAA rules

Works in conjunction with the Department of Justice (DOJ) to refer possible criminal violations of HIPAA

21
Q

FTCs 2015 privacy and security update. 5 business practices

A
  1. Know what data you have and who has a legitimate right or need to access it
  2. Limit data retained based on legitimate need
  3. Implement safeguards to protect data
  4. Dispose of data when no longer needed
  5. Have a plan for responding to security incidents
22
Q

many approaches to privacy protection—analogous to the governmental regulation

A

self-regulatory