Com Sci Seminar - Chapter 4

Bill of Rights

Ten amendments that were ratified to protect the privacy of individuals

Fourth Amendment

States that the right of the people to be secure in their persons, houses, papers, and effects must not be violated

Right of privacy

Right to be left alone, the most comprehensive of rights, and most valued by free people

Communications privacy

Ability to communicate with others without those communications being monitored by other persons or organizations

Data privacy

Ability to limit access to one's personal data in order to exercise control over that data and its use

Fair Credit Reporting Act

Regulates the operations of credit-reporting bureaus

Right to Financial Privacy Act

Protects the records of financial institution customers from unauthorized scrutiny by the federal government

Gramm-Leach-Bliley Act (GLBA)

Bank deregulation law that repealed the Glass-Steagall law

Financial privacy rule

- Opt out: Customers' refusal to give the institution the right to share personal data with third parties
- Opt in: Customers give financial institutions the right to share their personal data to other financial institutions

Safeguards rule

Requires financial institutions to document a data security plan for clients' personal data protection

Pretexting rule

Addresses attempts by people to access personal information without proper authority

Fair and Accurate Credit Transactions Act

Allows consumers to request and obtain a free credit report once each year from each of the three primary consumer credit reporting companies

Health Insurance Portability and Accountability Act (HIPAA)

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American Recovery and Reinvestment Act

Contains provisions for electronic health records. Bans the sale of health information, promotes the use of audit trails and encryption, and provides rights of access for patients

Family Educational Rights and Privacy Act (FERPA)

Assigns certain rights to parents regarding their children's educational records

Children's Online Privacy Protection Act (COPPA)

Aims to give parents control over the collection, use, and disclosure of their children's personal information over the Internet

Communications Act

Established the Federal Communications Commission to regulate all:
- Non-federal-government use of radio and television broadcasting
- Interstate telecommunications and international communications that originate or terminate in the U.S.

Foreign Intelligence Surveillance Act (FISA)

Describes procedures for the electronic surveillance and collection of foreign intelligence information

Title III of the Omnibus Crime Control and Safe Streets Act

Regulates the interception of wire and oral communications
- Allows law enforcement officials to use wiretapping
- Known as the Wiretap Act

Electronic Communications Privacy Act (ECPA)

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National Security Letter (NSL)

Compels holders of personal records to turn them over to the government

Pen register

Records electronic impulses to identify the numbers dialed for outgoing calls

Trap and trace

Records the originating number of incoming calls for a particular phone number

Communications Assistance for Law Enforcement Act (CALEA)

Required the telecommunications industry to build tools into its products
- For use by federal investigators, after obtaining a court order, to intercept communications

USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism)

Increased the ability of law enforcement agencies to search personal records

NSL gag provision

Prohibits NSL recipients from informing anyone that the government has secretly requested an individual's records

Foreign Intelligence Surveillance Act (FISA) Amendments Act

Granted NSA expanded authority to collect international communications as they flow through U.S. telecom network equipment and facilities

Fair information practices

Set of guidelines that govern the collection and use of personal data

Transborder data flow

Flow of personal data across national boundaries

Organisation for Economic Co-operation and Development (OECD)

International organization that aims to set policies and agreements on topics for which multilateral consensus is required

European Union Data Protection Directive

Ensures that data transferred to non-European Union countries is protected

European Data Protection Regulation

Enforces a single set of rules for data protection across the EU, eliminating the need for costly administrative processes

Freedom of Information Act (FOIA)

Grants citizens the right to access certain information and records of federal, state, and local governments upon request

Privacy Act

Sets rules for the collection, maintenance, use, and dissemination of personal data kept in systems of records by federal agencies
- Prohibits U.S. government agencies from concealing the existence of any personal data record-keeping system

Health Information Technology for Economic and Clinical Health Act

Mandates that within 60 days after discovery of a data breach, each individual whose health information has been exposed must be notified

Electronically stored information (ESI)

Any form of digital information stored on any form of electronic storage device