Module 5 Flashcards
(26 cards)
Name the three main categories of legal action
Civil litigation, criminal litigation and administrative enforcement.
Civil litigation
is an action that occurs in the courts and involves a plaintiff suing a defendant to redress a wrong. It is generally initiated by a private party but can also be initiated by the government. A preponderance of evidence is needed; punishments include either monetary compensation or a court- ordered injunction.
Depends on tort and contracts
Criminal litigation
is brought forth by the government for violations of criminal laws. Evidence must show guilt beyond a reasonable doubt with possible punishments including fines, restitution, imprisonment and death. Depends on constitutions and case law
Administrative enforcement
is adjudication by an administrative agency, such as the FTC or FCC. Through consent decree is a judgment entered by consent of the federal or state agency and the adverse party. In the form of a legal document that has been approved by a judge, it specifies action, such as ceasing alleged illegal activity, and often carries fines.
Depends on statutes that create and empower an agency.
Negligence
Absence of, or failure to, exercise proper or ordinary care
Breach of warranty
Failure of a seller to fulfill the terms of a promise, claim or representation
Misrepresentation:
False security about the safety of a particular product or service
Defamation
Untruth about another that will harm the reputation of the person or organization defamed in the form of libel (written defamation) or slander (oral defamation)
Strict tort liability
Extension of the responsibility of the vendor or manufacturer to all individuals who might be injured by a product or service
Statutory actions
Action required, permitted or enacted by statute
The Federal Trade Commission (or FTC)
an independent federal agency that operates outside the direct control of the president
is the most important player in U.S. privacy law enforcement in the private-sector.
The FTC Power
1 Preventing unfair methods of competition and unfair or deceptive acts, or practices in or affecting commerce
2 Seeking monetary redress and other relief for conduct injurious to consumers
3 Prescribing trade regulation rules, defining with specificity acts or practices that are unfair or
deceptive
4 Establishing requirements designed to prevent such acts or practices
The FTC also has specific regulatory responsibility for:
1 The Children’s Online Privacy Protection Act of 1998 (or COPPA)
2 The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (or CAN-
SPAM)
3 Shares responsibilities with HHS for the Health Information Technology for Economic and
Clinical Health Act of 2009 (or HITECH)
Deceptive practices
may include false promises, misrepresentations and failures to comply with representations made to consumers
Unfair practices
in relation to privacy, may include failure to implement adequate protection measures for sensitive personal information or providing inadequate disclosures to consumers.
Department of Commerce
Leading role in federal privacy policy development
EU-U.S. Privacy Shield administration
Department of Homeland Security
E-Verify program; rules for air traveler records (TSA)
Immigration; other border issues (Immigration and Customs Enforcement)
State Department
Negotiates internationally with other countries on privacy issues and in multinational groups
Office for Civil Rights (HHS)
Role in enforcing HIPAA rules
Department of Transportation
Transportation companies
Drones (FAA)
Internet-connected cars (National Highway Traffic Safety Administration)
Internal Revenue Service
Privacy rules concerning tax records
Office of Management and Budget
Interpretation of Privacy Act of 1974
Guidance to federal agencies and their contractors
Organization for Economic Cooperation and Development (or OECD)
promotes addressing common privacy issues on a global scale.
What theory of legal liability is described as the absence of or failure to exercise proper or ordinary care?
Negligence
