CIPP Exam Review- Q&A

Consent Decree - Answer-A judgment entered by consent of the parties whereby the defendant agrees to stop alleged illegal activity. Does not admit guilt or wrongdoing. COPPA has allowed for several consent decrees, which require violators to pay money to the government and agree not to violate the relevant law in the future. Torts - Answer-Torts are civil wrongs recognized by law as the grounds for lawsuits. These wrongs are those that result in an injury or harm that constitutes the basis for a claim by the injured party. What are the three tort categories? - Answer-Intentional torts, negligent torts, and strict liability torts. Strict Liability Torts - Answer-These are wrongs that don't depend on the degree of carelessness by the defendant, but are established when a particular action causes damage. i.e., defective product. Don't need to show negligence. What are some current privacy torts? - Answer-a. intrusion on seclusion; b. public revelation of private facts; c. interfering with a person's right to publicity; d. casting a person in a false light. Example of privacy tort - Answer-Allegations that a company was negligent for failing to provide adequate safeguards for PI, thus causing harm due to disclosure of the data. Lack of adequate safeguards therefore may expose a company to damages under tort law. Define "private right of action" - Answer-Ability of an individual harmed by a violation of a law to file a lawsuit against the violator. Who can legally enforce the promises made in a company's privacy notice? - Answer-Federal Trade Commission and states. What authority does the FTC have re: privacy in the private sector? - Answer-General authority to enforce against "unfair and deceptive trade practices." In which areas does the FTC have specific regulatory authority? - Answer-1. marketing communications;