Deck 4: Privacy

Question 1

Electronic discovery is the collection, preparation, review, and production of electronically stored information for use in criminal and civil actions and proceedings.

Answer 1

True

Question 2

Electronically stored information includes any form of digital information stored on any form of electronic storage device.

Answer 2

True

Question 3

The use of cookies and tracking software is controversial because companies can collect information about consumers without their explicit permission.

Answer 3

True

Question 4

Under the USA PATRIOT Act, the FBI can issue a National Security Letter to compel banks, Internet service providers, and credit reporting companies to turn over information about their customers without a court order simply of the basis that the information is needed for an ongoing investigation.

Question 5

The Health Insurance Portability and Accountability Act requires healthcare organizations to employ standardized electronic transactions, codes, and identifiers to enable them to fully digitize medical records thus making it possible to exchange medical records over the Internet.

Question 6

The use of information technology in business requires balancing the needs of those who use the information that is collected against the rights and desires of the people whose information is being used.

Question 7

American citizens are protected by the Fourth Amendment even when there is no reasonable expectation of privacy.

Question 8

A pen register is a device that records the originating number of incoming calls for a particular phone number.

Question 9

The U.S. has a single, overarching national data privacy policy.

Question 10

The USA PATRIOT Act grants citizens the right to access certain information and records of federal, state, and local governments upon request.

Question 11

A vehicle event data recorder (EDR) is a device that records vehicle and occupant data for a few seconds before,
during, and after any vehicle crash that is severe enough to deploy the vehicle's air bags.

Question 12

The rights assigned to parents by the Family Educational Rights and Privacy Act transfer to the student once the student reaches the age of 21.

Question 13

A National Security Letter is subject to judicial review and oversight.

Question 14

The Foreign Intelligence Surveillance Act describes procedures for the electronic surveillance of communications between foreign powers and the agents of foreign powers.

Question 15

The cost of a data breach can be quite expensive, by some estimates nearly $200 for each record lost.

Question 16

Online marketers can capture personal information, such as names, addresses, and Social Security numbers without requiring consent.

Question 17

Information privacy is the combination of communications privacy and data privacy.

Question 18

Title III of the Wiretap Act allows state and federal law enforcement officials to use wiretapping without requiring them to obtain warrants.

Question 19

Under the Right to Financial Privacy Act, a financial institution can release a customer's financial records without the customer's authorization as long as it is a government authority that is seeking the records.

Question 20

The Constitution does not contain the word privacy, but the Supreme Court has ruled that the concept of privacy is protected by the Bill of Rights.

Question 21

The prohibits unauthorized access to stored wire and electronic communications, such as the contents of email inboxes, instant messages, message boards, and social networking sites.

A) Foreign Intelligence Surveillance Act
B) Electronic Communications Privacy Act
C) USA PATRIOT Act
D) Communications Assistance for Law Enforcement Act

Question 22

The Privacy Act of 1974 extends to the actions of the CIA, U.S. law enforcement agencies, and the private industry.

Question 23

The concept of privacy is .

A) defined in the U.S. constitution
B) protected even when there is no reasonable expectation of privacy
C) violated by the Fourth Amendment
D) protected by the Bill of Rights

Question 24

The prohibits the government from concealing the existence of any personal data record-keeping systems.

A) Fair Information Practices Act
B) USA PATRIOT Act
C) Privacy Act
D) Freedom of Information Act

Question 25

Public sector employees have far greater privacy rights than those in private industry because the Fourth Amendment does not limit how a private employer treats its employees.

Question 26

In the context of the Fourth Amendment, the courts have ruled that .

A) recordings by the FBI of various telephone calls made by a U.S. citizen from a public phone booth do not violate an individual's privacy
B) Federal agents can listen to phone conversations of U.S. citizens without a warrant
C) without a reasonable expectation of privacy, there is no privacy right
D) the Fourth Amendment is no longer valid

Question 27

The Children's Online Privacy Protection Act .

A) was found to be unconstitutional
B) is meant to give Web masters control over the collection, use, and disclosure of children's personal information
C) does not cover the dissemination of information to children
D) requires the installation of Internet filters in public libraries

Question 28

Under the , financial institutions must provide a privacy notice to each consumer that explains what data about the consumer is gathered, with whom that data is shared, how the data is used, and how the data is protected.

A) Fair Credit Reporting Act
B) Health Insurance Portability and Accountability Act
C) Gramm-Leach-Bliley Act
D) USA PATRIOT Act

Question 29

There is virtually no way to limit the deposit of cookies on a user's hard drive.

Question 30

The Foreign Intelligence Surveillance Act:

A) extends the protections offered under the Wiretap Act to electronic communications, such as email, fax, and messages sent over the Internet.
B) was passed by Congress in 1994 and amended both the Wiretap Act and the Electronic Communications Privacy Act.
C) requires any company doing business within the borders of the countries comprising the European Union to implement a set of privacy directives on the fair and appropriate use of information.
D) allows surveillance, without court order, within the United States for up to a year unless the "surveillance will acquire the contents of any communication to which a U.S. person is a party."

Question 31

Under the , the Federal Communications Commission responded to appeals from the Department of Justice by requiring providers of Internet phone services and broadband services to ensure that their equipment accommodated the use of law enforcement wiretaps.

A) USA PATRIOT Act
B) Communications Assistance for Law Enforcement Act
C) Electronic Communications Privacy Act
D) Foreign Intelligence Surveillance Act

Question 32

The pretexting rule addresses attempts by people to access personal information without proper authority by such means as impersonating an account holder or phishing.

Question 33

The European Union Data Protection Directive requires member countries to ensure that data transferred to non- European Union countries is protected.

Question 34

Advocates of advanced surveillance technology argue that people have no legitimate expectation of privacy in a public place, and thus Fourth Amendment privacy rights do not apply.

Question 35

Through the use of cookies, a Web site is able to identify visitors on subsequent visits.

Question 36

The Health Insurance Portability and Accountability Act requires healthcare providers to obtain from patients prior to disclosing any information in their medical records.

A) payment for all services rendered
B) a social security number
C) a second opinion
D) written consent

Question 37

Title I of the extends the protections offered under the Wiretap Act to electronic communications, such as fax and messages sent over the Internet.

A) Foreign Intelligence Surveillance Act
B) Electronic Communications Privacy Act
C) Communications Assistance for Law Enforcement Act
D) USA PATRIOT Act

Question 38

The Gramm-Leach-Bliley Act includes three key rules that affect personal privacy: financial privacy rule, safeguards rule, and pretexting rule.

Question 39

The Glass-Steagall Act allows consumers to obtain a free credit report once each year from each of the three primary consumer credit reporting companies.

Question 40

Exemptions to the Freedom of Information Act bar disclosure of information that could compromise national security or interfere with an active law enforcement investigation.

Question 41

The bars the export of data to countries that do not have data privacy protection standards comparable to those of its member countries.

A) Fair Information Protection Act
B) Fair Credit Reporting Act
C) Freedom of Information Act
D) European Union Data Protection Directive

Question 42

The enables the public to gain access to certain government records.

A) Fair Information Practices Act
B) USA PATRIOT Act
C) Privacy Act
D) Freedom of Information Act

Question 43

The protects citizens from unreasonable government searches and is often invoked to protect the privacy of government employees.

A) USA PATRIOT Act
B) Communications Assistance for Law Enforcement Act
C) Fourth Amendment
D) Freedom of Information Act

Question 44

In the context of tenets of The European Union Data Protection Directive, refers to an individual's right to seek legal relief through appropriate channels to protect privacy rights.

A) enforcement
B) notice
C) choice
D) security

Question 45

The is an act that repealed a depression-era law known as Glass-Steagall.

A) Fair Credit Reporting Act
B) Health Insurance Portability and Accountability Act
C) Gramm-Leach-Bliley Act
D) Electronic Communications Privacy Act

Question 46

The presumes that a student's records are private and not available to the public without the consent of the student.

A) Health Insurance Portability and Accountability Act
B) Children's Online Privacy Protection Act
C) American Recovery and Reinvestment Act
D) Family Educational Rights and Privacy Act

Question 47

In Doe v. Holder, the courts ruled that the NSL gag provision violates the .

A) Fair Information Practices Act
B) USA PATRIOT Act
C) First Amendment
D) sunset provision

Question 48

The included strong privacy provisions for electronic health records and bans the sale of health information, promotes the use of audit trails and encryption, and provides rights of access for patients.

A) Foreign Intelligence Surveillance Act
B) American Recovery and Reinvestment Act
C) Gramm-Leach-Bliley Act
D) Electronic Communications Privacy Act

Question 49

The outlines who may access a user's credit information, how users can find out what is in their file, how to dispute inaccurate data, and how long data is retained.

A) Gramm-Leach-Bliley Act
B) Fair Credit Reporting Act
C) Credit CARD Act
D) Federal Credit Union Act

Question 50

The Organisation for Economic Co­operation and Development's , established in 1980, are often held up as the model of ethical treatment of consumer data.

A) European Union Data Protection Directives
B) fair information practices
C) transborder data flow principles
D) BBB online data protection guidelines

Question 51

The gave sweeping new powers both to domestic law enforcement and international intelligence agencies, including increasing the ability of law enforcement agencies to search telephone, email, medical, financial, and other records.

A) Health Insurance Portability and Accountability Act
B) Communications Assistance for Law Enforcement Act
C) USA PATRIOT Act
D) Foreign Intelligence Surveillance Act

Question 52

Discovery is part of the pretrial phase of a lawsuit in which each party can obtain from the other party by various means.

A) trade secrets
B) competitive intelligence
C) evidence
D) patent royalties

Question 53

The allows consumers to request and obtain a free credit report each year from each of the three primary credit reporting companies.

A) Fair Credit Reporting Act
B) Fair and Accurate Credit Transactions Act
C) Right to Financial Privacy Act
D) Gramm-Leach-Bliley Act

Question 54

The restricted the government's ability to secretly intercept communications.

A) Freedom of Information Act
B) Communications Act of 1934
C) NSL gag provision
D) USA PATRIOT Act of 2001

Question 55

The requires each financial institution to document a data security plan describing the company's preparation and plans for the ongoing protection of clients' personal data.
B) Pretexting Rule
B) Safeguards Rule
C) Financial Privacy Rule
D) Discovery Rule

Question 56

In 2008, the granted expanded authority to collect, without court-approved warrants, international communications as they flow through U.S. telecom network equipment and facilities.

A) USA PATRIOT Act
B) Foreign Intelligence Surveillance Act Amendments Act
C) Electronic Communications Privacy Act
D) Omnibus Crime Control and Safe Streets Act

Question 57

The Organisation for Economic Co-operation and Development's requirement that personal data collected should be accurate, complete, current, and relevant to the purpose for which it is used is based on the principle of .

A) individual participation
B) data quality
C) collection limitation
D) purpose specification

Question 58

In the context of tenets of the The European Union Data Protection Directive, refers to an individual's right to challenge the accuracy of the data and provide the corrected data.

A) enforcement
B) security
C) correction
D) use

Question 59

One purpose of a(n) is to capture and record data that can be used by the manufacturer to make future changes to improve vehicle performance in the case of a crash.

A) cookie
B) event data recorder
C) spear-phishing device
D) answering machine

Question 60

A(n) is a device that records the originating number of incoming calls for a particular phone number.

A) trap and trace
B) pen register
C) intercom
D) phone switchboard

Question 61

includes photographs, sound recordings, and databases stored on hard drives, CDs, and flash drives.

Question 62

A(n) is a device that records electronic impulses to identify the numbers dialed for outgoing calls.

Question 63

is a term for a set of guidelines that govern the collection and use of personal data.

Question 64

The required the telecommunications industry to build tools into its products that federal investigators could use to eavesdrop on conversations and intercept electronic communications.

Question 65

The Fourth Amendment of the Constitution protects right of the people to be secure in their persons, houses, papers, and effects, against .

Question 66

is information relating to the capabilities, intentions, or activities of foreign governments or agents of foreign governments or foreign organizations.

Question 67

Under the Act, healthcare companies must appoint a privacy officer to develop privacy policies and procedures as well as train employees on how to handle sensitive patient data.

Question 68

The of 2001 was passed just after the terrorist attacks of September 11, 2001.

Question 69

Under Title III of the Omnibus Crime Control and Safe Street Act, a warrant must be obtained from a judge to conduct a(n) .

Question 70

The Fair and Accurate Credit Transactions Act helped establish the to help prevent identity theft.

Question 71

The is a powerful tool for journalists and the public to acquire information that the government is reluctant to release.

Question 72

In the context of the Organisation for Economic Co-operation and Development (OECD) privacy guidelines, refers to the fact that personal data should be accurate, complete, current, and relevant to the purpose for which it is used .

Question 73

The meets in secret to hear applications for and grant or deny orders approving electronic surveillance anywhere within the United States.

Question 74

A(n) uses sensors located around the vehicle to capture and record information about vehicle speed and acceleration.

Question 75

Title II of the Electronic Communications Privacy Act of 1986 prohibits unauthorized access to stored .

Question 76

A(n) can be loaded onto someone's cell phone or smartphone within minutes, making it possible for the user to perform location tracking, record calls, view every text message or picture sent or received, and record the URLs of any Web site visited on the phone.

Question 77

The Communications Act of 1934 established the .

Question 78

A private organization can defeat a privacy claim simply by proving that an employee had been given that email, Internet use, and files on company computers were not private and that their use might be monitored.

Question 79

Under the , once a case is filed, the involved parties are required to meet and discuss various e-discovery issues, such as how to preserve discoverable data, how the data will be produced, agreement on the format in which the data will be provided, and whether production of certain electronically stored information will lead to waiver of attorney-client privilege.

Question 80

After have been stored on a computer, they make it possible for a Web site to tailor the ads and promotions presented on it.