7. Data Protection and Privacy Law - 7.7. Children’s Online Privacy Protection Act (COPPA)
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Questions and Answers

Which branch of government has the authority to protect individuals' right to privacy according to the text?

  • Executive branch
  • Legislative branch
  • Judicial branch (correct)
  • None of the above

    • What is the main focus of data protection laws?

  • Controlling the collection, use, and dissemination of personal information
  • Protecting personal information from unauthorized access or use
  • Responding to unauthorized access or use of personal information
  • All of the above (correct)

    • Do federal data protection laws provide comprehensive protection of individuals' personal information?

  • Yes, but only against government intrusions
  • Yes, they provide comprehensive protection
  • No, they only address data privacy but not data security
  • No, they only regulate specific industries and subcategories of data (correct)

    • Which law provides data protection requirements for children’s information collected by online operators?

    <p>Children’s Online Privacy Protection Act</p> Signup and view all the answers

    Which law prohibits the unauthorized access of protected computers?

    <p>Computer Fraud and Abuse Act</p> Signup and view all the answers

    Which law regulates health care providers’ collection and disclosure of protected health information?

    <p>Health Insurance Portability and Accountability Act</p> Signup and view all the answers

    Which law provides privacy protections related to video rental and streaming?

    <p>Video Privacy Protection Act</p> Signup and view all the answers

    According to the GDPR, personal data must be processed in a ________ manner in relation to individuals.

    <p>lawful</p> Signup and view all the answers

    What is the objective of the EU's General Data Protection Regulation (GDPR)?

    <p>To safeguard the right to personal data protection and ensure free data movement within the EU</p> Signup and view all the answers

    Which principle of the GDPR states that personal data should be collected only for specified, explicit, and legitimate purposes?

    <p>Purpose limitation</p> Signup and view all the answers

    Which legislation is primarily concerned with prohibiting unauthorized intrusions into computers?

    <p>Computer Fraud and Abuse Act (CFAA)</p> Signup and view all the answers

    Which act provides privacy obligations relevant to non-governmental actors?

    <p>The Electronic Communications Privacy Act (ECPA)</p> Signup and view all the answers

    What does the Wiretap Act define as an 'electronic communication'?

    <p>Information conveyed over the internet</p> Signup and view all the answers

    Which act prohibits the improper access or disclosure of certain electronic communications in storage?

    <p>The Stored Communications Act (SCA)</p> Signup and view all the answers

    Which operators must comply with the requirements of the Children’s Online Privacy Protection Act (COPPA)?

    <p>Operators of websites or online services directed to children</p> Signup and view all the answers

    According to COPPA, covered operators must obtain ________ before collecting personal information from children under the age of thirteen.

    <p>verifiable consent</p> Signup and view all the answers

    What must covered operators do to comply with COPPA's requirements regarding privacy policies?

    <p>Provide direct notice to parents</p> Signup and view all the answers

    Under COPPA, violations of the FTC's implementing regulations are treated as violations of ________ under the FTC Act.

    <p>unfair or deceptive acts or practices</p> Signup and view all the answers

    Which legislative concept combines the fields of data privacy and data security into unified legislative schemes?

    <p>Data protection</p> Signup and view all the answers

    Which level of government has enacted federal laws to provide statutory protections of individuals' personal information?

    <p>Congress</p> Signup and view all the answers

    Which statement best describes the current legislative paradigms governing cybersecurity and data privacy at the federal level?

    <p>They are complex and technical</p> Signup and view all the answers

    Which legislation is primarily concerned with prohibiting unauthorized intrusions into computers?

    <p>The CFAA</p> Signup and view all the answers

    What is the objective of the EU's General Data Protection Regulation (GDPR)?

    <p>To protect personal data from all potential interferences</p> Signup and view all the answers

    Which principle of the GDPR states that personal data must be processed lawfully, fairly, and in a transparent manner?

    <p>Lawfulness, fairness, and transparency</p> Signup and view all the answers

    Under the CFAA, what is considered a 'protected computer'?

    <p>Any computer used in or affecting interstate commerce or communications</p> Signup and view all the answers

    Which law regulates unfair, deceptive, or abusive acts in connection with consumer financial products or services?

    <p>Consumer Financial Protection Act</p> Signup and view all the answers

    Which law covers the collection and use of data contained in consumer reports?

    <p>Fair Credit Reporting Act</p> Signup and view all the answers

    Which law provides data protection requirements for children’s information collected by online operators?

    <p>Children’s Online Privacy Protection Act</p> Signup and view all the answers

    Which law regulates health care providers’ collection and disclosure of protected health information?

    <p>Health Insurance Portability and Accountability Act</p> Signup and view all the answers

    Which of the following is NOT a requirement for covered operators under COPPA?

    <p>Establish and maintain reasonable procedures to protect the confidentiality of information</p> Signup and view all the answers

    What is the authority of the FTC in enforcing violations of COPPA's implementing regulations?

    <p>Seeking monetary penalties or equitable relief</p> Signup and view all the answers

    Which of the following is TRUE about state attorneys general under COPPA?

    <p>They have the authority to enforce violations affecting residents of their states</p> Signup and view all the answers

    Which act is often referred to as the most comprehensive federal law on electronic privacy?

    <p>The Electronic Communications Privacy Act (ECPA)</p> Signup and view all the answers

    Under the Wiretap Act, what qualifies as an unlawful 'interception'?

    <p>Acquiring communication after transmission</p> Signup and view all the answers

    What is the main focus of the Children’s Online Privacy Protection Act (COPPA)?

    <p>Regulating online collection and use of children's information</p> Signup and view all the answers

    Which act prohibits the improper access or disclosure of certain electronic communications in storage?

    <p>The Stored Communications Act (SCA)</p> Signup and view all the answers

    Which of the following best describes the concept of data protection?

    <p>All of the above</p> Signup and view all the answers

    What is the primary focus of federal data protection laws in the United States?

    <p>Regulating specific industries and subcategories of data</p> Signup and view all the answers

    Which statement best describes the relationship between data privacy and data security in legislative schemes?

    <p>They are combined into unified legislative schemes</p> Signup and view all the answers

    Which of the following is NOT a requirement for covered operators under COPPA?

    <p>Establishing and maintaining procedures to protect the confidentiality of information</p> Signup and view all the answers

    What is the potential consequence of violating the FTC's implementing regulations under COPPA?

    <p>Penalties or equitable relief sought by the FTC</p> Signup and view all the answers

    Which operators are required to comply with the requirements of COPPA?

    <p>Online operators collecting personal information from children under 13</p> Signup and view all the answers

    Which of the following is NOT one of the seven guiding principles of the GDPR?

    <p>Data security standards</p> Signup and view all the answers

    Under the Computer Fraud and Abuse Act (CFAA), what qualifies as a 'protected computer'?

    <p>Any computer connected to the internet</p> Signup and view all the answers

    What is the main objective of the EU's General Data Protection Regulation (GDPR)?

    <p>To safeguard individuals' right to personal data protection</p> Signup and view all the answers

    Which law provides a private right of action for individuals to seek damages and equitable relief for unauthorized access to their computers?

    <p>The Computer Fraud and Abuse Act (CFAA)</p> Signup and view all the answers

    Which federal law prohibits the unauthorized access or interception of electronic communications in storage or transit?

    <p>Electronic Communications Privacy Act</p> Signup and view all the answers

    Which federal law regulates health care providers’ collection and disclosure of protected health information?

    <p>Health Insurance Portability and Accountability Act</p> Signup and view all the answers

    Which federal law provides privacy protections related to video rental and streaming?

    <p>Video Privacy Protection Act</p> Signup and view all the answers

    Which federal law regulates financial institutions’ use of nonpublic personal information?

    <p>Gramm-Leach-Bliley Act</p> Signup and view all the answers

    Which of the following is NOT one of the acts that compose the Electronic Communications Privacy Act (ECPA)?

    <p>The Privacy Act</p> Signup and view all the answers

    Which of the following is NOT a threshold issue for an act to qualify as an unlawful 'interception' under the Wiretap Act?

    <p>The communication must be in storage.</p> Signup and view all the answers

    Which of the following is TRUE about the Children’s Online Privacy Protection Act (COPPA)?

    <p>COPPA's requirements only apply to operators who have actual knowledge that they are collecting personal information from a child.</p> Signup and view all the answers

    Which of the following is NOT a requirement for covered operators under the Children’s Online Privacy Protection Act (COPPA)?

    <p>Obtaining prior consent from the child before collecting personal information.</p> Signup and view all the answers

    Which federal law is often referred to as the most comprehensive law on electronic privacy?

    <p>The Electronic Communications Privacy Act (ECPA)</p> Signup and view all the answers

    Which act defines an 'electronic communication' broadly and includes information conveyed over the internet?

    <p>The Electronic Communications Privacy Act (ECPA)</p> Signup and view all the answers

    Under which act is a personal computer generally excluded from the reach of the act?

    <p>The Stored Communications Act (SCA)</p> Signup and view all the answers

    Which federal law regulates the online collection and use of children's information?

    <p>The Children’s Online Privacy Protection Act (COPPA)</p> Signup and view all the answers

    Which of the following is true about data protection laws in the United States?

    <p>Data protection laws in the United States lack uniformity at the federal level.</p> Signup and view all the answers

    What is the relationship between data privacy and data security in data protection laws?

    <p>Data privacy and data security are combined into unified legislative schemes.</p> Signup and view all the answers

    Which statement accurately describes the scope of federal data protection laws in the United States?

    <p>Federal data protection laws primarily focus on specific industries and subcategories of data.</p> Signup and view all the answers

    Which law provides consumers with a 'right to know' information that businesses have collected or sold about them?

    <p>California Consumer Privacy Act</p> Signup and view all the answers

    Which law prohibits the unauthorized access or interception of electronic communications in storage or transit?

    <p>Electronic Communications Privacy Act</p> Signup and view all the answers

    Which law regulates financial institutions’ use of nonpublic personal information?

    <p>Gramm-Leach-Bliley Act</p> Signup and view all the answers

    Which law provides privacy protections related to video rental and streaming?

    <p>Video Privacy Protection Act</p> Signup and view all the answers

    Which of the following is NOT a requirement for covered operators under COPPA?

    <p>Establishing and maintaining reasonable procedures to protect the confidentiality, security, and integrity of the information</p> Signup and view all the answers

    Which of the following is TRUE about the Children’s Online Privacy Protection Act (COPPA)?

    <p>It prohibits covered operators from collecting personal information from children under the age of thirteen without parental consent</p> Signup and view all the answers

    What is the authority of the FTC in enforcing violations of COPPA's implementing regulations?

    <p>To seek penalties or equitable relief</p> Signup and view all the answers

    Which of the following is NOT one of the guiding principles of the GDPR?

    <p>Integrity and confidentiality</p> Signup and view all the answers

    What is the primary purpose of the Computer Fraud and Abuse Act (CFAA)?

    <p>To prohibit unauthorized intrusions into computers</p> Signup and view all the answers

    Which of the following is TRUE about the private right of action under the CFAA?

    <p>It allows individuals to seek damages and equitable relief for unauthorized access to their computers</p> Signup and view all the answers

    Which of the following is TRUE about the EU's General Data Protection Regulation (GDPR)?

    <p>It aims to safeguard the right to personal data protection and ensure free data movement within the EU</p> Signup and view all the answers

    True or false: Data protection combines the fields of data privacy and data security into unified legislative schemes?

    <p>True</p> Signup and view all the answers

    True or false: Federal data protection laws in the United States are comprehensive and regulate all industries and categories of data?

    <p>False</p> Signup and view all the answers

    True or false: The Supreme Court has interpreted the Constitution to provide individuals with a right to privacy against both government and private sector intrusions?

    <p>False</p> Signup and view all the answers

    True or false: COPPA prohibits covered operators from collecting personal information from children without parental consent?

    <p>True</p> Signup and view all the answers

    True or false: Covered operators must provide parents with direct notice of their privacy policies?

    <p>True</p> Signup and view all the answers

    True or false: COPPA authorizes state attorneys general to enforce violations affecting residents of their states?

    <p>True</p> Signup and view all the answers

    True or false: The GDPR requires any entity that processes personal data to identify a legal basis for its action?

    <p>True</p> Signup and view all the answers

    True or false: The CFAA imposes liability when a person intentionally accesses a computer without authorization or exceeds authorized access?

    <p>True</p> Signup and view all the answers

    True or false: The GDPR lays out seven guiding principles for the processing of personal data?

    <p>True</p> Signup and view all the answers

    True or false: Violations of the CFAA are subject to criminal prosecution and can result in fines and imprisonment?

    <p>True</p> Signup and view all the answers

    True or false: The Wiretap Act applies to the interception of a communication in transit.

    <p>True</p> Signup and view all the answers

    True or false: The Electronic Communications Privacy Act (ECPA) is sector-specific and only applies to law enforcement.

    <p>False</p> Signup and view all the answers

    True or false: The Children's Online Privacy Protection Act (COPPA) applies to operators of websites or online services directed to children.

    <p>True</p> Signup and view all the answers

    True or false: The Wiretap Act applies to non-substantive information automatically generated about the characteristics of a communication.

    <p>False</p> Signup and view all the answers

    True or false: The FTC Act's prohibition of "unfair or deceptive trade practices" is especially important in the context of data protection.

    <p>True</p> Signup and view all the answers

    True or false: The FTC Act requires companies to abide by specific data protection policies or practices.

    <p>False</p> Signup and view all the answers

    True or false: The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020.

    <p>True</p> Signup and view all the answers

    True or false: The General Data Protection Regulation (GDPR) has served as a model for other jurisdictions developing data protection policy.

    <p>True</p> Signup and view all the answers

    True or false: The current legislative paradigms governing cybersecurity and data privacy at the federal level lack uniformity.

    <p>True</p> Signup and view all the answers

    True or false: Data protection laws in the United States are comprehensive and regulate all industries and categories of data.

    <p>False</p> Signup and view all the answers

    True or false: The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020.

    <p>True</p> Signup and view all the answers

    True or false: The GDPR requires entities to identify a legal basis for processing personal data, and enumerates eight data privacy rights for individuals.

    <p>True</p> Signup and view all the answers

    True or false: The CFAA primarily addresses unauthorized intrusions into computers and imposes liability for intentionally accessing a computer without authorization.

    <p>True</p> Signup and view all the answers

    True or false: The GDPR includes requirements for data breach notifications, data security standards, and cross-border data flows outside the EU.

    <p>True</p> Signup and view all the answers

    True or false: The CFAA allows for a private right of action, allowing individuals to seek damages and equitable relief for unauthorized access to their computers.

    <p>True</p> Signup and view all the answers

    True or false: Covered operators under COPPA are required to obtain verifiable parental consent before collecting personal information from children under the age of thirteen?

    <p>True</p> Signup and view all the answers

    True or false: Covered operators under COPPA must provide parents with direct notice of their privacy policies?

    <p>True</p> Signup and view all the answers

    True or false: Violations of COPPA's implementing regulations are treated as violations of a rule defining an unfair or deceptive act or practice under the FTC Act?

    <p>True</p> Signup and view all the answers

    True or false: The Federal Trade Commission (FTC) Act's prohibition of 'unfair or deceptive trade practices' is not important in the context of data protection?

    <p>False</p> Signup and view all the answers

    True or false: The FTC Act requires companies to abide by specific data protection policies and practices?

    <p>False</p> Signup and view all the answers

    True or false: The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020?

    <p>True</p> Signup and view all the answers

    True or false: The General Data Protection Regulation (GDPR) has served as a model for other jurisdictions developing data protection policy?

    <p>True</p> Signup and view all the answers

    The Electronic Communications Privacy Act (ECPA) is primarily directed at law enforcement and does not have significant impact on online privacy practices.

    <p>True</p> Signup and view all the answers

    The Wiretap Act applies to the interception of a communication in storage.

    <p>False</p> Signup and view all the answers

    Under the Children’s Online Privacy Protection Act (COPPA), operators must obtain prior consent before collecting personal information from children under the age of thirteen.

    <p>True</p> Signup and view all the answers

    The Wiretap Act defines an 'electronic communication' broadly and includes non-substantive information automatically generated about the characteristics of the communication.

    <p>False</p> Signup and view all the answers

    True or false: Data protection laws combine the fields of data privacy and data security into unified legislative schemes?

    <p>True</p> Signup and view all the answers

    True or false: Federal data protection laws provide comprehensive protections of individuals' personal information?

    <p>False</p> Signup and view all the answers

    True or false: The Supreme Court has interpreted the Constitution to provide individuals with a right to privacy against both government and third-party intrusions?

    <p>False</p> Signup and view all the answers

    True or false: The GDPR requires any entity that processes personal data to identify a legal basis for its action?

    <p>True</p> Signup and view all the answers

    True or false: The CFAA is primarily concerned with prohibiting unauthorized intrusions into computers?

    <p>True</p> Signup and view all the answers

    True or false: The GDPR includes data breach notification requirements?

    <p>True</p> Signup and view all the answers

    True or false: The GDPR allows for cross-border data flows outside the EU?

    <p>True</p> Signup and view all the answers

    True or false: COPPA prohibits covered operators from collecting or using personal information from children under the age of thirteen without parental consent?

    <p>True</p> Signup and view all the answers

    True or false: COPPA requires covered operators to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of children's information?

    <p>True</p> Signup and view all the answers

    True or false: COPPA contains criminal penalties for violations of the FTC's implementing regulations?

    <p>False</p> Signup and view all the answers

    True or false: The Electronic Communications Privacy Act (ECPA) consists of three acts: the Wiretap Act, the Stored Communications Act, and the Pen Register Act.

    <p>True</p> Signup and view all the answers

    True or false: The Wiretap Act applies to information conveyed over the internet.

    <p>True</p> Signup and view all the answers

    True or false: The Wiretap Act applies to non-substantive information automatically generated about the characteristics of the communication, such as IP addresses.

    <p>False</p> Signup and view all the answers

    True or false: The SCA prohibits the improper access or disclosure of certain electronic communications in transit.

    <p>False</p> Signup and view all the answers

    True or false: The Federal Trade Commission (FTC) Act prohibits 'unfair or deceptive acts or practices' in the context of data protection.

    <p>True</p> Signup and view all the answers

    True or false: The California Consumer Privacy Act (CCPA) provides consumers with the right to know, right to opt-out, and right to delete their personal information.

    <p>True</p> Signup and view all the answers

    True or false: Some foreign nations, including Brazil, South Korea, and Japan, have enacted comprehensive data protection legislation.

    <p>True</p> Signup and view all the answers

    True or false: The General Data Protection Regulation (GDPR) has served as a model for other jurisdictions developing data protection policy.

    <p>True</p> Signup and view all the answers

    Data protection melds the fields of data privacy and ______

    <p>data security</p> Signup and view all the answers

    Federal Data Protection Laws primarily regulate specific industries and ______ of data

    <p>subcategories</p> Signup and view all the answers

    Congress has enacted a number of federal laws designed to provide statutory protections of individuals’ ______

    <p>personal information</p> Signup and view all the answers

    Interception of a communication in transit is covered under the ______ Act

    <p>Wiretap</p> Signup and view all the answers

    The ______ Act prohibits the improper access or disclosure of certain electronic communications in storage

    <p>Stored Communications</p> Signup and view all the answers

    The ______ prohibits the unauthorized access or interception of electronic communications in storage or transit

    <p>Electronic Communications Privacy</p> Signup and view all the answers

    The ______ regulates the online collection and use of children's information

    <p>Children’s Online Privacy Protection</p> Signup and view all the answers

    Under COPPA, covered operators must obtain ________ consent before collecting personal information from children under the age of thirteen.

    <p>parental</p> Signup and view all the answers

    COPPA requires covered operators to provide parents with ________ notice of their privacy policies.

    <p>direct</p> Signup and view all the answers

    Covered operators under COPPA must establish and maintain 'reasonable procedures' to protect the 'confidentiality, security, and ________' of children's personal information.

    <p>integrity</p> Signup and view all the answers

    According to the GDPR, personal data must be processed in a ______ manner in relation to individuals.

    <p>lawful</p> Signup and view all the answers

    The CFAA imposes liability when a person 'intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains ______ information from any protected computer.'

    <p>protected</p> Signup and view all the answers

    The GDPR lays out seven guiding principles for the processing of personal data. Principle 3 is ______.

    <p>Data minimization</p> Signup and view all the answers

    The EU's most recent data privacy legislation, the GDPR, aims to safeguard the right to personal data protection while ensuring that data moves freely within the EU. One of the guiding principles of the GDPR is ______.

    <p>storage limitation</p> Signup and view all the answers

    The CCPA governs any company doing business in ______ that meets certain minimum thresholds

    <p>California</p> Signup and view all the answers

    The CCPA provides consumers with three main 'rights.' First, consumers have a 'right to know' information that businesses have collected or sold about them, requiring businesses to inform consumers about the personal data being collected. Second, the CCPA provides consumers with a 'right to opt-out' of the sale of their personal information. Third, the CCPA gives consumers the right, in certain cases, to request that a business delete any information collected about the consumer (i.e., 'right to delete').

    <p>California</p> Signup and view all the answers

    Study Notes

    Data Protection Laws

    • The primary focus of data protection laws is to protect individuals' personal information.
    • Federal data protection laws in the United States are sector-specific, meaning they regulate specific industries or categories of data.
    • The judicial branch of government has the authority to protect individuals' right to privacy.

    Children's Online Privacy Protection Act (COPPA)

    • COPPA provides data protection requirements for children's information collected by online operators.
    • Covered operators must obtain verifiable parental consent before collecting personal information from children under the age of thirteen.
    • Operators must comply with the requirements of COPPA, including providing parents with direct notice of their privacy policies.
    • Violations of COPPA's implementing regulations are treated as violations of a rule defining an unfair or deceptive act or practice under the FTC Act.

    General Data Protection Regulation (GDPR)

    • The GDPR is a comprehensive law on data protection in the European Union.
    • The objective of the GDPR is to protect individuals' personal data and provide a unified data protection framework across the EU.
    • The GDPR requires entities to identify a legal basis for processing personal data, and enumerates eight data privacy rights for individuals.
    • The GDPR includes requirements for data breach notifications, data security standards, and cross-border data flows outside the EU.

    Computer Fraud and Abuse Act (CFAA)

    • The CFAA is primarily concerned with prohibiting unauthorized intrusions into computers.
    • The CFAA imposes liability when a person intentionally accesses a computer without authorization or exceeds authorized access.
    • Violations of the CFAA are subject to criminal prosecution and can result in fines and imprisonment.
    • The CFAA allows for a private right of action, allowing individuals to seek damages and equitable relief for unauthorized access to their computers.

    Electronic Communications Privacy Act (ECPA)

    • The ECPA is a federal law that regulates the interception of electronic communications.
    • The ECPA includes the Wiretap Act, which prohibits the unauthorized access or interception of electronic communications in storage or transit.
    • The ECPA also includes the Stored Communications Act, which regulates the disclosure of electronic communications stored by service providers.

    Federal Trade Commission (FTC) Authority

    • The FTC has authority to enforce violations of COPPA's implementing regulations.
    • The FTC can impose penalties for violations of COPPA, including fines and damages.

    Other Data Protection Laws

    • The Health Insurance Portability and Accountability Act (HIPAA) regulates health care providers' collection and disclosure of protected health information.
    • The Gramm-Leach-Bliley Act (GLBA) regulates financial institutions' use of nonpublic personal information.
    • The California Consumer Privacy Act (CCPA) provides privacy protections for California residents, including the right to know and delete personal information collected by businesses.

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    Test your knowledge of the GDPR and data privacy rights with this quiz. Learn about legal bases for data processing, data breach notification requirements, and more.

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