Ch 12 - Privacy Issues - Civil Litigation & Gov't Investigations Flashcards Preview

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Flashcards in Ch 12 - Privacy Issues - Civil Litigation & Gov't Investigations Deck (145)
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1

What are 5 elements of a good Information Management Plan for responding to discovery requests?

An Information Management Plan should include:
* when or under what conditions private information can be disclosed;
* how private information can be disclosed;
* any required organizational authorizations required for releasing private information;
* audit trails; and
* IT systems implementation.

2

What amendment offers U.S. citizens protection over unreasonable searches and seizures?

The U.S. Constitution offers citizens protection against unreasonable searches and seizures in the 4th Amendment.

3

What is a 4th Amendment search warrant?

A search warrant for probable cause that a crime has been, or will be, committed.

4

What are the 4 required conditions for obtaining a valid 4th Amendment search warrant?

The warrant must:
(1) be filed in good faith by a law enforcement officer;
(2) be based on reliable information showing probable cause to search;
(3) be issued by a neutral and detached magistrate; and
(4) state specifically the place to be searched and the items to be seized.

5

Generally, under what conditions may a wiretap be obtained?

a. Fourth Amendment probable cause
b. All other alternatives for obtaining the information have been exhausted
c. Law enforcement wants to monitor a suspect's conversations
d. a and b

d. a and b

6

Which of the following is a big challenge when responding to discovery requests?

a. Providing information based on a specific request
b. Finding all the data requested
c. Providing too much or too little information
d. None of the above

c. Providing too much or too little information.

7

What are some examples of reporting requirements by federal regulation or law?

Examples of reporting to government agencies:
* BSA reporting of suspicious financial activities related to terrorism or money laundering;
* FDA reporting by regulated industries (drug manufacturers, health professionals) for serious adverse events; product problems, medication errors;
* OSHA reporting by employers of workplace injuries/illnesses;
* State reporting regarding certain injuries/medical conditions;
* HIPAA reporting permitted to other agencies when required by law.

8

What is the purpose of the Right to Financial Privacy Act (RFPA)?

The Right to Financial Privacy Act regulates the disclosure of personal information by financial institutions to federal government agencies requesting the information.

9

What is the purpose of the Electronic Communications Privacy Act?

a. Changes the privacy requirements for electronic communications such as email
b. Extends prohibition of wiretaps on phone calls to include electronic communication such as email
c. Provides clarity that electronic communications have always been included in coverage
d. All of the above

b. Extends prohibition of wiretaps on phone calls to include electronic communication such as email

10

Which of the following types of surveillance on wire communications are included in the scope of the Title III of the Omnibus Crime Control and Safe Streets Act of 1968?

a. Aural communication made through a network, such as phone calls
b. Oral communications such as hidden bugs or microphones
c. Electronic communications, such as emails, that are not wire or oral communications
d. All of the above

d. All of the above

Title III generally applies to surveillance on wire communications, including:
* aural communication made through a network, such as phone calls;
* oral communications, such as hidden bugs or microphones,
* electronic communications, such as emails, that are not wire or oral communications.

11

When is a communication considered to be subject to a search warrant?

a. When the persons involved in the communication have no expectation of privacy
b. When the persons involved in the communication have a reasonable expectation of privacy
c. When the persons involved in the communication state something openly in public
d. None of the above

b. When the persons involved in the communication have a reasonable expectation of privacy

12

What is the "reasonable expectation of privacy" test?

The outcome of the 1967 Katz v. U.S. case in which there was a concurring opinion stated by Justice John Marshall Harlan:
1. the person has exhibited an actual expectation of privacy, and
2. the expectation is one that society is prepared to recognize as 'reasonable.'

13

What are some exceptions to the 4th Amendment requirement to obtain a warrant where a reasonable expectation of privacy exists?

1. "In public" rule: what a person knowingly exposes to the public;
2. "Third-party" rule: information a person puts into the hands of someone else.

14

When is the "reasonable expectation of privacy" test used?

To determine whether information that was obtained without a warrant is admissible evidence.

15

Which of the following best describes what "discovery" means in litigation?

a. Exchange of legal information and known facts of a case disclosed in a lawsuit during the trial
b. Exchange of legal information and known facts of a case disclosed in the rules of civil and criminal procedure
c. Exchange of legal information and known facts of a case disclosed in a lawsuit before trial
d. None of the above

c. Exchange of legal information and known facts of a case disclosed in a lawsuit before trial

16

What is a subpoena?

A subpoena is a written instruction to produce a witness or records.

17

What are the 4 requirements of a subpoena under Federal Rule of Civil Procedure 45?

Federal Rule of Civil Procedure 45 requires that the subpoena:
1. state which court issued it;
2. state the title of action and action number;
3. command each person to attend and testify, produce specific evidence, or permit inspection at a time and place; and
4. include rules regarding the person's right to challenge or modify the subpoena.

18

What does it mean to "serve" a subpoena?

To deliver the subpoena in a legal way, put a person on notice of obligation to respond and their right to seek to quash or modify the subpoena.

19

What are the consequences of a person failing to obey a subpoena?

Failure to obey a subpoena without an adequate excuse may result in being held in contempt of court, fines, and/or imprisonment.

20

What are the conditions for obtaining a pen register order?

A pen register order may be issued when the information is relevant to an ongoing investigation.

21

What is a pen register?

A pen register is a record of dialed numbers or outgoing calls. It may also include internet communications. It includes communications metadata, but does not include the content of the communications.

22

Which of the following is a source of of law used to obtain a search warrant?

a. 18 USC 2703(d) of the Stored Communications Act (SCA)
b. Fourth Amendment of the U.S. Constitution
c. Wire Tap Act
d. All of the above

18 USC 2703(d) of the Stored Communications Act (SCA)
Fourth Amendment of the U.S. Constitution
Wire Tap Act

23

Which of the following is a required basis for obtaining a search warrant under the Stored Content Act (SCA)?

a. Specific articulable facts
b. Reasonable grounds
c. Relevant to the investigation
d. All of the above

d. All of the above

A search warrant to obtain evidence from electronics communications service providers under the Stored Content Act must be based on:
* Specific articulable facts showing
* Reasonable grounds
* Relevant to the investigation.

24

What are the requirements for obtaining a search warrant under the Fourth Amendment?

There must be probable cause that a crime has been or will be committed.

25

For what 4 purposes does the HIPAA Privacy Rule allow disclosure of PHI?

1. As state laws require (for example, reporting of medical information);
2. Public health reasons
3. Law Enforcement investigations
4. National security matters

26

How does HIPAA address conflicts between regulatory requirements and state laws?

HIPAA permits disclosure of PHI where required by law.

27

Under the BSA Hacker Trespasser Exception, which of the following is not a condition under which law enforcement can access personal information on a victim's computer?

a. Owner/operator provides authorization
b. Acting under legal engagement in an investigation
c. Law enforcement has legal grounds the communication is relevant to the investigation
d. All communications that were transmitted by the suspect are accessed/intercepted

d. All communications that were transmitted by the suspect are accessed/intercepted

Law enforcement can access/intercept a trespasser's (hacker's) communications when:
1. Owner/operator provides authorization
2. Acting under legal engagement in an investigation
3. Law enforcement has legal grounds the communication is relevant to the investigation
4. Only communications that were transmitted are accessed/intercepted

28

What type of disclosure of covered personal information to third parties is prohibited under HIPAA and COPPA?

a. Disclosure without consent of data subject
b. Disclosure without data subject's written acknowledgement
c. Disclosure that does not meet conditions of an exception
d. Only a and c

d. Only a and c

29

Which regulation is triggered by violations to HIPAA, COPPA, or GLBA information sharing requirements?

Section 5 (UDAP) under the FTC Act.

30

What are 3 examples of legal privilege that generally require confidential communications to be excluded from the rules of discovery and testimony?

Attorney-client, doctor-patient, priest-penitent, spousal, self-incrimination (under the 5th Amendment)