Part 2 Flashcards

Question

What jurisdiction must courts have to hear a particular case?

Answer 1

personal and subject matter

Answer 2

$650M settlement of privacy lawsuit against FB for violating BIPA (biometric info privacy act) by failing to obtain consent before harvesting pics of face and other biometric data Under settlement, FB will implement changes like setting “face recognition” default setting to off

Answer 3

companies that collect, use and sell PD without consumer’s knowledge

Answer 4

propose regulations that would require risk assessments and pre-use notices, access requests, and opt-out requests when automated decision-making tech (ADMT) is used in certain ways: - decisions that produce legal/similar significant effect on consumer - profile consumer - process info to train ADMT

Answer 5

similar to CPPA- requires pre-use notice, opt-out rights and risk assessments when ADMT systems are used for profiling

Answer 6

3rd amendment to FERPA (2015-now) Replaced no child left behind act Reauthorized elementary and secondary education act of 1965 - student info will NOT be shared with individuals outside school without notice to parents - secretary requires assurance that each grantee receiving funds under act understands importance of privacy protections and aware of responsibilities of the grantee

Answer 7

2nd amendment to FERPA Broadened PPRA by putting requirements on schools to enact collection, disclosure, or use policies about a student’s PI for communication purposes Requires: - provide advance notice about acts scheduled - provide parents the right to opt out of surveys/ sharing student PI for communication purposes - allow parents to access and inspect surveys and other commercial instruments before administering to students

Answer 8

Foreign Intelligence Surveillance Act - established standard procedures for use of e-surveillance and collection of foreign intelligence in US - need gov to get permission from judge on FISA court for national security reasons - allows warrantless surveillance without a court order up to 1 year only for foreign intelligence info, target foreign powers, and doesn’t capture contents of communications with any US person

Answer 9

Only health care and financial sectors have federally imposed info security provisions FTC uses its section 5 power to bring actions against companies misrepresenting info security practices or failing to provide “reasonable procedures” to protect PI

Answer 10

Employee Retirement Income Security Act Ensures that employee benefits programs are created fairly and administered properly

Answer 11

Federal Educational Rights and Privacy Act (Buckley Amendment) - federal statute providing students with control over disclosure and access to student records - applies to all educational institutions receiving funding from Dept of Education - enforced by Dept of Education Vio: loss of funding Requires: students receive annual notice of rights, schools MUST have WRITTEN permission from parents to release info from edu record - students can access and review records, request corrections, have hearing if corrections are denied - reasonable methods used to ensure only access to records with legit educational interests

Answer 12

- prohibits FBI from applying for tangible thing production order unless specific selection term used as basis for it - NO pen register or trap and trace for bulk data collection - government mut issue yearly transparency report of FISA orders and NSLs - requires targeted warrants from FISA court before cell phone meta data collection

Part 2 Flashcards

(36 cards)