Retention policies limit how long data is kept to what the purpose and law require. Permanent retention increases risk, and fixed short periods may breach legal duties.
Question 2 of 10 · Federal Privacy Laws
What does the Video Privacy Protection Act restrict?
The VPPA restricts disclosure of personally identifiable information about video viewing without informed, separate written consent. It has become a basis for pixel-tracking lawsuits.
Question 3 of 10 · Government and Court Access to Private-sector Information
Under the Stored Communications Act, what can the government generally obtain with a subpoena?
Subpoenas reach basic subscriber information; content generally needs a warrant, and after Carpenter historical cell-site location data needs a warrant.
Question 4 of 10 · Workplace Privacy
What does the Family and Medical Leave Act require about medical certifications?
FMLA medical certifications must be kept as confidential medical records, separate from personnel files.
Question 5 of 10 · State Privacy Laws
What is a typical consequence of a state comprehensive privacy law's cure period?
Many state laws give businesses notice and a period to cure violations before enforcement, and several cure periods expire after a set date.
Question 6 of 10 · The U.S. Privacy Environment
A company is sued in a data breach class action. What has often been a key hurdle for plaintiffs in federal court?
Federal plaintiffs must show Article III standing with a concrete injury, which the Supreme Court addressed in Spokeo and TransUnion. Encryption, FBI reports and storage location are not the hurdle.
Question 7 of 10 · Federal Privacy Laws
Under the Telemarketing Sales Rule, how often must sellers scrub their call lists against the National Do Not Call Registry?
Telemarketers must access the registry and scrub their lists at least every 31 days. Calls to registered numbers are barred without consent or an established business relationship.
Question 8 of 10 · Government and Court Access to Private-sector Information
Which law governs government access to stored electronic communications held by service providers?
The Stored Communications Act, part of ECPA, sets rules for access to stored communications and records held by providers. The others cover journalists' materials, bank records and motor vehicle records.
Question 9 of 10 · Workplace Privacy
Under the Americans with Disabilities Act, when may an employer require a medical examination of a job candidate?
The ADA bars medical exams before an offer; after a conditional offer, exams are allowed if required of all entering employees in the same job category, with results kept confidential.
Question 10 of 10 · State Privacy Laws
What is a 'sale' of personal information under the CCPA?
Sale covers disclosure for monetary or other valuable consideration. Transfers to service providers under contract, legal disclosures and mergers are excluded.
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The U.S. Privacy Environment
Federal Privacy Laws
Government and Court Access to Private-sector Information
Workplace Privacy
State Privacy Laws
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