Textbook Key

F: Foundations of Information Privacy and Data Protection

US: U.S. Private-sector Privacy

C: Canadian Privacy

E: European Privacy

G: U.S. Government Privacy

IT: Privacy in Information Technology

M: Privacy Program Management

Find the terms that relate to the program or designation you are studying for by using the tabs below to narrow your search.




Accountability

A fair information practices principle, it is the idea that when personal information is to be transferred to another person or organization, the personal information controller should obtain the consent of the individual or exercise due diligence and take reasonable steps to ensure that the recipient person or organization will protect the information consistently with other fair use principles.

Reference(s) in IAPP Certification Textbooks: F18, 21-22; US34-35; C39, 101, 122; E8; G13; M35

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Act Respecting the Protection of Personal Information in the Private Sector

A Québéquois privacy law that, other than different terminology, is similar to PIPEDA, though at a province level. It came into force in 1994 and espouses three principles: (1) Every person who establishes a file on another person must have a serious and legitimate reason for doing so; (2) The person establishing the file may not deny the individual concerned access to the information contained in the file; (3) The person must also respect certain rules that are applicable to the collection, storage, use and communication of this information.

Reference(s) in IAPP Certification Textbooks: F48-49, C35-37

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Active Data Collection

When an end user deliberately provides information, typically through the use of web forms, text boxes, check boxes or radio buttons.

Reference(s) in IAPP Certification Textbooks: F128

Associated term(s): Passive Data Collection

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Active Scanning Tools

DLP network, storage, scans and privacy tools can be used to identify security and privacy risks to personal information. They can also be used to monitor for compliance with internal policies and procedures, and block e-mail or file transfers based on the data category and definitions.

Reference(s) in IAPP Certification Textbooks: M133

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Adequate Level of Protection

A label that the EU may apply to third-party countries who have committed to protect data through domestic law making or international commitments. Conferring of the label requires a proposal by the European Commission, an Article 29 Working Group Opinion, an opinion of the article 31 Management Committee, a right of scrutiny by the European Parliament and adoption by the European Commission.

Reference(s) in IAPP Certification Textbooks: F36-37; C24; E38, 175-178, 295

Associated term(s): Adequacy

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Administrative Purpose

The use of personal information about an individual in Canada in a decision-making process that directly affects that individual.

Reference(s) in IAPP Certification Textbooks: C68

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Adverse Action

Under the Fair Credit Reporting Act, the term “adverse action” is defined very broadly to include all business, credit and employment actions affecting consumers that can be considered to have a negative impact, such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer. Such an action requires that the decision maker furnish the recipient of the adverse action with a copy of the credit report leading to the adverse action.

Reference(s) in IAPP Certification Textbooks: US60-61; C124

Associated law(s): FCRA

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Alberta PIPA

A privacy law in the Canadian province of Alberta, similar to PIPEDA, that came into force in 2004. Unlike PIPEDA, these acts clearly apply to employee information.

Reference(s) in IAPP Certification Textbooks: C31

Associated law(s): PIPEDA

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American Institute of Certified Public Accountants

A U.S. professional organization of certified public accountants and co-creator of the WebTrust seal program.

Reference(s) in IAPP Certification Textbooks: C61-62; M50, 86

Acronym(s): AICPA

Associated term(s): Canadian Institute of Chartered Accountants, Seal Programs, WebTrust

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Americans with Disabilities Act

A U.S. law that bars discrimination against qualified individuals with disabilities.

Reference(s) in IAPP Certification Textbooks: US156, 160-162, 165

Acronym(s): ADA

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Annual Independent Evaluations

Under FIMSA, U.S. agencies’ information security programs must be independently evaluated yearly. The independent auditor is selected by the agency's inspector general or the head of the agency. The audit is submitted to the Office of Management and Budget.

Reference(s) in IAPP Certification Textbooks: G49

Associated law(s): FISMA

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Annual Reports

The requirement under the European Data Protection Directive that member state data protection authorities report on their activities at regular intervals.

Reference(s) in IAPP Certification Textbooks: E196, E204

Associated law(s): Data Protection Directive

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Anonymity, Privacy, and Security Online

This survey by the Pew Research Center’s Internet Project asked 1,002 adults about their Internet habits. It is laid out in five parts: the quest for anonymity online; concerns about personal information online; who internet users are trying to avoid, the information they want to protect; how users feel about the sensitivity of certain kinds of data; online identity theft, security issues and reputational damage. (2013)
Read Now (PDF 289K)

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Antidiscrimination Laws

Refers to the right of people to be treated equally.

Reference(s) in IAPP Certification Textbooks: US155-156, 159-161; E100

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APEC Privacy Principles

A set of non-binding principles adopted by the Asia-Pacific Economic Cooperative (APEC) that mirror the OECD Fair Information Privacy Practices. Though based on OECD Guidelines, they seek to promote electronic commerce throughout the Asia-Pacific region by balancing information privacy with business needs.

Reference(s) in IAPP Certification Textbooks: F19-20; US40-41; C120-122; G11-13; M27

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Application-Layer Attacks

Attacks that exploit flaws in the network applications installed on network servers. Such weaknesses exist in web browsers, e-mail server software, network routing software and other standard enterprise applications. Regularly applying patches and updates to applications may help prevent such attacks.

Reference(s) in IAPP Certification Textbooks: F102

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Article 29 Working Party

A European Union organization that functions as an independent advisory body on data protection and privacy. While EU data protection laws are actually enforced by the national Data Protection Authorities of EU member states.

Reference(s) in IAPP Certification Textbooks: F39; US138; C110; E198-200; C110

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Assess

The first of four phases of the privacy operational life cycle; provides the steps, checklists and processes necessary to assess any gaps in a privacy program as compared to industry best practices, corporate privacy policies, applicable privacy laws, and objective-based privacy program frameworks.

Reference(s) in IAPP Certification Textbooks: M84

Associated term(s): Privacy Operational Life Cycle; Protect; Sustain; Respond

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Audit Life Cycle

High-level, five-phase audit approach.  The steps include: Audit Planning; Audit Preparation; Conducting the Audit; Reporting; and Follow-up.

Reference(s) in IAPP Certification Textbooks: M137

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Authentication

The process by which an entity (such as a person or computer system) determines whether another entity is who it claims to be. Authentication identified as an individual based on some credential; i.e. a password, biometrics, etc. Authentication is different from authorization. Proper authentication ensures that a person is who he or she claims to be, but it says nothing about the access rights of the individual.

Reference(s) in IAPP Certification Textbooks: F94-95, 124, 128; C59

Associated term(s): Authorization

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Authorization

In the context of information security, it is process of determining if the end user is permitted to have access to the desired resource such as the information asset or the information system containing the asset. Authorization criteria may be based upon a variety of factors such as organizational role, level of security clearance, applicable law or a combination of factors. When effective, authentication validates that the entity requesting access is who or what it claims to be.

Reference(s) in IAPP Certification Textbooks: F97

Associated term(s): Authentication

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Background Screening/Checks

Verifying an applicant’s ability to function in the working environment as well as assuring the safety and security of existing workers. Background checks range from checking a person’s educational background to checking on past criminal activity.

Reference(s) in IAPP Certification Textbooks: F39, 98; US158-164; E215; G158

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Bank Secrecy Act, The

A U.S. federal law that requires U.S. financial institutions and money services businesses (MSBs), which are entities that sell money orders or provide cash transfer services, to record, retain and report certain financial transactions to the federal government. This requirement is meant to assist the government in the investigation of money laundering, tax evasion, terrorist financing and various other domestic and international criminal activities.

Reference(s) in IAPP Certification Textbooks: US72-74; G103-105

Acronym(s): BSA

Associated term(s): Financial Record Keeping and Reporting Currency and Foreign Transactions Act of 1970

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BC PIPA

A privacy law in the Canadian province of British Columbia, similar to PIPEDA, that came into force in 2004. Unlike PIPEDA, these acts clearly apply to employee information.

Reference(s) in IAPP Certification Textbooks: C32

Associated law(s): PIPEDA

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Behavioral Advertising

The act of tracking users’ online activities and then delivering ads or recommendations based upon the tracked activities.

Reference(s) in IAPP Certification Textbooks: F134; US22, 24; C45-47; E261-264

Acronym(s): OBA

Associated term(s): Online Behavioral Advertising, Behavioral Targeting

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Binding Corporate Rules

Legally binding internal corporate privacy rules for transferring personal information within a corporate group. BCRs are typically used by corporations that operate in multiple jurisdictions, and they are alternatives to the U.S.-EU Safe Harbor and Model Contract Clauses. BCRs must be approved by the EU data protection authorities of the member states in which the corporation operates.

Reference(s) in IAPP Certification Textbooks: F37; US25; E184-186

Acronym(s): BCR

Associated law(s): EU Data Protection Directive

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Binding Safe Processor Rules

Self-regulatory principles (similar to Binding Corporate Rules) for processors that are applicable to customer personal data. Once a supplier’s BSPR are approved, a supplier gains ”safe processor” status and its customers would be able to meet the EU Data Protection Directive’s requirements for international transfers in a similar manner as BCR allow. BSPR are currently being considered as a concept by the Article 29 Working Party and national authorities.

Reference(s) in IAPP Certification Textbooks: E274, E296

Acronym(s): BSPR

Associated term(s): Binding Corporate Rules

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Biometrics

Data concerning the intrinsic physical or behavioral characteristics of an individual. Examples include DNA, fingerprints, retina and iris patterns, voice, face, handwriting, keystroke technique and gait.

Reference(s) in IAPP Certification Textbooks: F95; E238

Associated term(s): Personal Information

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Bodily Privacy

One of the four classes of privacy, along with information privacy, territorial privacy and communications privacy. It focuses on a person’s physical being and any invasion thereof. Such an invasion can take the form of genetic testing, drug testing or body cavity searches.

Reference(s) in IAPP Certification Textbooks: F2

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Breach Disclosure

The requirement that a data controller notify regulators and victims of incidents affecting the confidentiality and security of personal data. It is a transparency mechanism highlights operational failures, this helps mitigate damage and aids in the understanding of causes of failure.

Reference(s) in IAPP Certification Textbooks: F108-111; US117-118; C60-61, C129; E42, E159-161; G101-103

Associated law(s): FCRA, GLBA, HIPAA, various U.S. state laws

Associated term(s): Breach notification

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Bring Your Own Device

Use of employees’ own personal computing devices for work purposes.

Reference(s) in IAPP Certification Textbooks: US171-172

Acronym(s): BYOD

Associated term(s): Consumerization of information technology (COIT)

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Bundesdatenschutzgesetz

A German national data protection law that including specific requirements for data services outsourcing agreements. The legislation contains ten specific requirements for outsourcing agreements: (1) Subject and duration of work; (2) the extent, type and purpose of data processing; (3) technical and organizational measures to be taken under section 9; (4) the rectification, erasure and blocking of data; (5) the processor's section 4 obligations, particularly with regard to monitoring; (6) rights regarding subcontracting; (7) the controller's monitoring rights; (8) the subcontractor's notification obligations; (9) the extent of the controller's authority to issue instructions to the processor; (10) the return and/or erasure of data by the processor at the conclusion of the work.

Reference(s) in IAPP Certification Textbooks: E292

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Bureau of Competition

One of the United States’ Federal Trade Commission’s three principle groups relevant to privacy oversight; investigates and attempts the prevention of anticompetitive business practices, such as monopolies, price- fixing and similar regulatory violations, which may negatively affect commercial competition.

Reference(s) in IAPP Certification Textbooks: M42

Associated term(s): Bureau of Consumer Protection; Bureau of Economics

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Bureau of Consumer Protection

One of the United States’ Federal Trade Commission’s three principle groups relevant to privacy oversight; protects consumers against deceptive and or unfair business practices. Included under the FTC mandate are deceptive advertising and fraudulent product and/or service claims.

Reference(s) in IAPP Certification Textbooks: M41

Associated term(s): Bureau of Competition; Bureau of Economics

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Bureau of Economics

One of the United States’ Federal Trade Commission’s three principle groups relevant to privacy oversight; works in accord with the Bureau of Competition to study the effects of FTC lawmaking initiatives and of existing law.

Reference(s) in IAPP Certification Textbooks: M42

Associated term(s): Bureau of Competition; Bureau of Consumer Protection

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Business case

The starting point for assessing the needs of the privacy organization, it defines the individual program needs and the ways to meet specific business goals, such as compliance with privacy laws or regulations, industry frameworks, customer requirements and other considerations.

Reference(s) in IAPP Certification Textbooks: M29-53

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Business Continuity and Disaster Recovery Plan

A risk mitigation plan designed to prepare an organization for crises and to ensure critical business functions continue. The focus is to recover from a disaster when disruptions of any size are encountered.

Reference(s) in IAPP Certification Textbooks: M92-94

Acronym(s): BCDR

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Business Continuity Plan

The business continuity plan is typically drafted and maintained by key stakeholders, spelling out departmental responsibilities and actions teams must take before, during and after an event in order to help operations run smoothly. Situations covered in a BCP often include fire, flood, natural disasters (tornadoes and hurricanes), and terrorist attack.

Reference(s) in IAPP Certification Textbooks: M171-173

Acronym(s): BCP

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C-I-A Triad

Also known as information security triad; three common information security principles from the 1960s:  Confidentiality, integrity, availability.

Reference(s) in IAPP Certification Textbooks: M95, 112

Associated term(s): Information Security Triad

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Caching

The saving of local copies of downloaded content, reducing the need to repeatedly download content. To protect privacy, pages that display personal information should be set to prohibit caching.

Reference(s) in IAPP Certification Textbooks: F117

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California Investigative Consumer Reporting Agencies Act

A California state law that requires employers to notify applicants and employees of their intention to obtain and use a consumer report.

Reference(s) in IAPP Certification Textbooks: US163

Acronym(s): ICRAA

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Canada’s Anti-Spam Legislation

Canadian anti-SPAM legislation applying to all forms of electronic messaging. It requires that when a commercial electronic message (CEM) is sent, consent, identification and unsubscribing requirements must be complied with. Typically, consent from the recipient must be obtained before a CEM is sent. There are, however, a number of exceptions to the need for consent.

Reference(s) in IAPP Certification Textbooks: C37-38

Acronym(s): CASL

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Canadian Institute of Chartered Accountants

The Canadian Institute of Chartered Accountants (CICA), in partnership with the provincial and territorial institutes, is responsible for the functions that are critical to the success of the Canadian CA profession. CICA, pursuant to the 2006 Protocol, is entrusted with the responsibility for providing strategic leadership, co-ordination of common critical functions of strategic planning, protection of the public and ethics, education and qualification, standard setting and communications

Reference(s) in IAPP Certification Textbooks: C6, 61; M50, 86

Acronym(s): CICA

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Canadian Organization for the Advancement of Computers in Health

A Canadian health infomatics association whose mission is to promote health technology systems and the effective use of health information.

Reference(s) in IAPP Certification Textbooks: C105

Acronym(s): COACH

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Canadian Standards Association

A non-profit standards organization that developed its own set of privacy principles and broke the OECD’s code into ten principles: (1) Accountability; (2) Identifying purposes; (3) Consent; (4) Limiting Collection; (5) Limiting Use, Disclosure, and Retention; (6) Accuracy; (7) Safeguards; (8) Openness; (9) Individual Access; (10) Challenging Compliance. These ten principles would go on to be listed in PIPEDA.

Reference(s) in IAPP Certification Textbooks: F49; C18-19

Acronym(s): CSA

Associated term(s): CSA Privacy Principles

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Case Law

Principles of law that have been established by judges in past decisions. When similar issues arise again, judges look to the past decisions as precedents and decide the new case in a manner that is consistent with past decisions.

Reference(s) in IAPP Certification Textbooks: US3

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Census Bureau

The Census Bureau collects data to meet the nation’s statistical needs.  Because the data that the Census Bureau collects is often highly personal in nature, and the Census Bureau depends on the trust of the individuals and businesses that supply the data, privacy protection is a high priority.

Reference(s) in IAPP Certification Textbooks: G128

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Centralized governance

Privacy governance model that leaves one team or person responsible for privacy-related affairs; all other persons or organizations will flow through this point.

Reference(s) in IAPP Certification Textbooks: M19-21

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Charter of Fundamental Rights

A treaty that consolidates human rights within the EU. The treaty states that everyone has a right to protect their personal data, that data must be processed for legitimate and specified purposes and that compliance is subject to control by an authority.

Reference(s) in IAPP Certification Textbooks: E13, E16, E20

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Charter Rights

Rights created by the Canadian Charter of Rights and Freedoms. They are constitutional rights and thus are considered to be the most valued rights in Canada. The Charter of Rights and Freedoms was made part of the Canadian Constitution in 1982.

Reference(s) in IAPP Certification Textbooks: C8

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Chief FOIA Officer

Executive Order 13392 supplemented FOIA by reiterating the requirement for agencies to process requests in a courteous and expeditious manner.  In addition, it required agencies to appoint a chief FOIA officer.  The Open Government Act of 2007 codified this requirement and expanded on the responsibilities of the chief FOIA officer to include the following: have agency-wide responsibility for efficient and appropriate compliance with FOIA; monitor FOIA implementation throughout the agency; recommend to the head of the agency any necessary adjustments in practices, personnel, policies or funding.

Reference(s) in IAPP Certification Textbooks: G62

Associated term(s): FOIA

Associated law(s): Freedom of Information Act

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Chief Privacy Officer (Agency level)

A position within an organization that is responsible for managing risks of privacy laws and policies. Within the U.S. government, this position was created under section 522(a) of the Consolidated Appropriations Act of 2005.

Reference(s) in IAPP Certification Textbooks: G43-45

Acronym(s): CPO

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Children’s Online Privacy Protection Act (COPPA) of 1998

A U.S. federal law that applies to the operators of commercial websites and online services that are directed to children under the age of 13. It also applies to general audience websites and online services that have actual knowledge that they are collecting personal information from children under the age of 13. COPPA requires these website operators: to post a privacy policy on the homepage of the website; provide notice about collection practices to parents; obtain verifiable parental consent before collecting personal information from children; give parents a choice as to whether their child’s personal information will be disclosed to third parties; provide parents access and the opportunity to delete the child’s personal information and opt out of future collection or use of the information, and maintain the confidentiality, security and integrity of personal information collected from children.

Reference(s) in IAPP Certification Textbooks: F43, 126-127; US107-11; C127-128; G94-98; M9, 38, 146

Acronym(s): COPPA

Associated term(s): 15 U.S.C. §§ 6501-6508

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Choice

An individual’s ability to determine whether or how their personal information may be used or disclosed by the entity that collected the information. Also, the ability of an individual to limit certain uses of their personal information. For example; an individual may have choice about whether to permit a company to contact them or share their data with third parties. Can be express or implied.

Reference(s) in IAPP Certification Textbooks: F16; US6, 21; C62, 115, 121; E105-106

Associated term(s): Consent

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Ciphertext

Encrypted (enciphered) data.

Associated term(s): NIST SP 800-21

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Closed Circuit Television

Systems of cameras, monitors and recording equipment that are not used for broadcasting but are connected to a closed network by cables. CCTV is used primarily for video surveillance of premises.

Reference(s) in IAPP Certification Textbooks: F11; US168; C165; E228, 233-238

Acronym(s): CCTV

Associated term(s): Video Surveillance

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Cloud Computing

The storage of information on the Internet. Although it is an evolving concept, definitions typically include on-demand accessibility, scalability, and secure access from almost any location. Cloud storage presents unique security risks.

Reference(s) in IAPP Certification Textbooks: F86, 139-141; E269

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Co-regulatory Model

Emphasizes industry development of enforceable codes or standards for privacy and data protection against the backdrop of legal requirements by the government. Co-regulation can exist under both comprehensive and sectoral models.

Reference(s) in IAPP Certification Textbooks: F30, 33-34

Associated term(s): Comprehensive Laws, Sectoral Laws, Self-regulatory Model, Technology Based Model

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Collection Limitation

A fair information practices principle, it is the principle stating there should be limits to the collection of personal data, that any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.

Reference(s) in IAPP Certification Textbooks: F17, 20; M35

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Commercial Activity

Under PIPEDA, “commercial activity” means any particular transaction, act or conduct, or any regular course of conduct, that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists. Non-profit associations, unions and private schools are likely to be found to exist outside of this definition.

Reference(s) in IAPP Certification Textbooks: F49; US16; C27

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Commercial Electronic Message

Any form of electronic messaging, including e-mail, SMS text messages and messages sent via social networking about which it would be reasonable to conclude its purpose is to encourage participation in a commercial activity. Examples include electronic messages that offer to purchase, sell, barter or lease products, goods, services, land or an interest or right in land; offers to provide a business, investment or gaming opportunity; advertises or promotes anything previously mentioned.

Reference(s) in IAPP Certification Textbooks: US96-97, 99; C37

Acronym(s): CEM

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Common Law

Unwritten legal principles that have developed over time based on social customs and expectations.

Reference(s) in IAPP Certification Textbooks: US3, 23; G145

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Communications Privacy

One of the four classes of privacy, along with information privacy, bodily privacy and territorial privacy. It encompasses protection of the means of correspondence, including postal mail, telephone conversations, electronic e-mail and other forms of communicative behavior and apparatus.

Reference(s) in IAPP Certification Textbooks: F2; US85-102; C3-4

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Comprehensive Laws

Laws that govern the collection, use and dissemination of personal information in the public and private sectors.

Reference(s) in IAPP Certification Textbooks: F31-32; C4-5

Associated term(s): Omnibus Laws

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Computer Forensics

The discipline of assessing and examining an information system for relevant clues even after it has been compromised by an exploit.

Reference(s) in IAPP Certification Textbooks: F107; C4-5

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Computer Matching and Privacy Protection Act

Requires agencies that match data among agency systems granting financial benefits to publicly disclose that matching and explain its scope.

Reference(s) in IAPP Certification Textbooks: G25-27, 158, 161

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Confidentiality

The obligation of an individual, organization or business to protect personal information and not misuse or wrongfully disclose that information.

Reference(s) in IAPP Certification Textbooks: F77, G46

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Confirmed Opt In

An e-mail approach where e-mail marketers send a confirmation e-mail requiring a response from the subscriber before the subscriber receives the actual marketing e-mail.

Reference(s) in IAPP Certification Textbooks: US38

Associated term(s): Double Opt In

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Consent

This privacy requirement is one of the fair information practices. Individuals must be able to prevent the collection of their personal data, unless the disclosure is required by law. If an individual has choice (see Choice) about the use or disclosure of his or her information, consent is the individuals’ way of giving permission for the use or disclosure. Consent may be affirmative; i.e., opt-in; or implied; i.e., the individual didn’t opt out. (1) Explicit Consent: A requirement that an individual "signifies" his or her agreement with a data controller by some active communication between the parties. According to the EU Data Protection Directive, explicit consent is required for processing of sensitive information. Further, data controllers cannot infer consent from non-response to a communication. (2) Implicit Consent: Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.

Reference(s) in IAPP Certification Textbooks: F16; C28, G178

Associated term(s): Choice

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Consent Decree

A judgment entered by consent of the parties. Typically, the defendant agrees to stop alleged illegal activity and pay a fine, without admitting guilt or wrongdoing. This legal document is approved by a judge and formalizes an agreement reached between a federal or state agency and an adverse party.

Reference(s) in IAPP Certification Textbooks: US4, 15-16

Associated term(s): FTC

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Consumer Reporting Agency

Any person or entity that complies or evaluates personal information for the purpose of furnishing consumer reports to third parties for a fee.

Reference(s) in IAPP Certification Textbooks: US58-59

Acronym(s): CRAs

Associated term(s): Credit Reporting Agency

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Controlled Unclassified Information

A system that standardizes and simplifies the way the executive branch handles unclassified information that requires safeguarding or dissemination controls, pursuant to and consistent with applicable law, regulations, and government-wide policies.  The program emphasizes the openness and uniformity of government-wide practices.  Its purpose is to address the current inefficient and confusing patchwork that leads to inconsistent marking and safeguarding as well as restrictive dissemination policies, which are often hidden from public view.

Reference(s) in IAPP Certification Textbooks: G73

Acronym(s): CUI

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Convention 108

The first legally binding international instrument in the area of data protection. It requires signatories to take steps to ensure fundamental human rights with regard to the processing of personal information.

Reference(s) in IAPP Certification Textbooks: E9

Associated term(s): The Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data

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Cookie

A small text file stored on a client machine that may later be retrieved by a web server from the machine. Cookies allow web servers to keep track of the end user’s browser activities, and connect individual web requests into a session. Cookies can also be used to prevent users from having to be authorized for every password protected page they access during a session by recording that they have successfully supplied their user name and password already. Cookies may be referred to as "first-party" (if they are placed by the website that is visited) or "third-party" (if they are placed by a party other than the visited website). Additionally, they may be referred to as "session cookies" if they are deleted when a session ends, or "persistent cookies" if they remain longer.

Reference(s) in IAPP Certification Textbooks: F38, 75, 135-137; C46; E274-275; G37, 95, 97

Associated term(s): First-Party Cookie, Persistent Cookie, Session Cookie, Third-Party Cookie, Tracking Cookie, Web Cookie

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Cookie Directive

Additions to the e-Privacy Directive where websites could allow users to opt out of cookies, such as by selecting a setting on their web browsers. Under the revision, member states are required to pass legislation that gives users the ability to opt in before cookies are placed on their computers.

Reference(s) in IAPP Certification Textbooks: F38, 75, 134; E263-264

Associated term(s): Directive 2009/136/EC, ePrivacy Directive

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Copland v. United Kingdom

A case in which the European Court of Human Rights held that monitoring an applicant's e-mail at work was contrary to Article 8 of the Convention on Human Rights.

Reference(s) in IAPP Certification Textbooks: E31

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Council of the European Union

The main decision-making body of the EU, it has a central role in both political and legislative decisions. The council was established by the treaties of the 1950s, which laid the foundations for the EU.

Reference(s) in IAPP Certification Textbooks: E21, 25-27

Associated term(s): Council of Ministers

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Court of Justice of the European Union

The Court of Justice is the judicial body of the EU that makes decisions on issues of EU law and enforces European decisions either in respect to actions taken by the European Commission against a member state or actions taken by individuals to enforce their rights under EU law. The court is the judicial body of the EU that makes decisions on issues of EU law and enforces European decisions. Based in Luxembourg, the Court was set up in 1951, and was originally named the Court of Justice of the European Communities. The court is frequently confused with the ECHR, which oversees human rights laws across Europe, including in many non-EU countries, and is not linked to the EU institutions.

Reference(s) in IAPP Certification Textbooks: E31-32

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Credit Freeze

A consumer-initiated security measure which locks an individual’s data at consumer reporting agencies. Is used to prevent identity theft, as it disallows both reporting of data and issuance of new credit.

Reference(s) in IAPP Certification Textbooks: US123

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Credit Reporting Agency

Under the Fair Credit Reporting Act, any organization that regularly engages in assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties for a fee.

Reference(s) in IAPP Certification Textbooks: US58-59; G147

Acronym(s): CRA

Associated term(s): Consumer reporting agency

Associated law(s): FCRA

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Cross-site Scripting

Code injected by malicious web users into web pages viewed by other users.

Reference(s) in IAPP Certification Textbooks: F119

Acronym(s): XSS

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Cryptography

The science or practice of hiding information, usually through its transformation. Common cryptographic functions include: encryption, decryption, digital signature and non-repudiation.

Reference(s) in IAPP Certification Textbooks: F97, 118

Associated term(s): Digital signature, encryption, non-repudiation, PKI

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CSA Privacy Principles

The Canadian Standards Association (CSA) ten privacy principles are based on the OECD Guidelines and serve as the basis of Canada’s PIPEDA.

Reference(s) in IAPP Certification Textbooks: C18; G8-9

Associated term(s): Canadian Standards Association

Associated law(s): PIPEDA

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Current baseline

“As-is” data privacy requirements; the current environment and any protections, policies, and procedures currently deployed.

Reference(s) in IAPP Certification Textbooks: M34-36

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Customer Access

A customer’s ability to access the personal information collected on them as well as review, correct or delete any incorrect information.

Reference(s) in IAPP Certification Textbooks: F122-123; US58; G13

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Customer Information

In contrast to employee information, customer information includes data relating to the clients of private-sector organizations, patients within the healthcare sector and the general public within the context of public-sector agencies that provide services.

Reference(s) in IAPP Certification Textbooks: F10

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Cyber liability insurance

Relatively new form of insurance protection that fills gaps typically not covered by General Commercial Liability plans. Cyber liability insurance may cover many breach-related expenses, including forensic investigations, outside counsel fees, crisis management services, public relations experts, breach notification, and call center costs.

Reference(s) in IAPP Certification Textbooks: M169, 191

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Data Breach

The unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a data collector. Breaches do not include good faith acquisitions of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector—provided the personal information is not used for a purpose unrelated to the data collector's business or subject to further unauthorized disclosure.

Reference(s) in IAPP Certification Textbooks: F104-111; G5-6, 115

Associated term(s): Breach, Privacy Breach (Canadian)

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Data Classification

A scheme that provides the basis for managing access to, and protection of, data assets.

Reference(s) in IAPP Certification Textbooks: US34

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Data Controller

An entity that has the authority over the processing of personal information. This entity is the focus of most obligations under privacy and data protection laws. It controls the use of personal data by determining the purposes for its use and the manner in which the data will be processed. The data controller may be an individual or an organization that is legally treated as an individual, such as a corporation or partnership.

Reference(s) in IAPP Certification Textbooks: F8; E57-59, 288; G10-11

Associated term(s): Data Processor

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Data Elements

The different types of personal information processed by data processors. Typical data elements include name, date of birth and numerical identifiers. Organizational data elements tied to both individuals as well as organizations include business addresses, business phone numbers, business e-mail addresses and related information.

Reference(s) in IAPP Certification Textbooks: F5; US49

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Data Integrity Board

Under the Privacy Act, federal agencies using computerized means to match data between electronic federal privacy record systems, or to match data from any federal system with nonfederal records, are required to create a DIB composed of senior officials and the agency’s inspector general.  The DIB shall, among other things: review, approve and maintain all matching programs; review all existing matching programs annually to determine compliance with laws, regulations, guidelines and agreements, and; assess the cost and benefits of the agreements.

Reference(s) in IAPP Certification Textbooks: G26

Acronym(s): DIB

Associated term(s): Data Matching

Associated law(s): Privacy Act

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Data Inventory

Also known as a record of authority, identifies personal data as it moves across various systems and thus how data is shared and organized, and its location.  That data is then categorized by subject area, which identifies inconsistent data versions, enabling identification and mitigation of data disparities.

Reference(s) in IAPP Certification Textbooks: M33

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Data Life Cycle Management

Also known as information life cycle management (ILM) or data governance, DLM is a policy-based approach to managing the flow of information through a life cycle from creation to final disposition. DLM provides a holistic approach to the processes, roles, controls and measures necessary to organize and maintain data, and has 11 elements:  Enterprise objectives; minimalism; simplicity of procedure and effective training; adequacy of infrastructure; information security; authenticity and accuracy of one’s own records; retrievability; distribution controls; auditability; consistency of policies; and enforcement.

Reference(s) in IAPP Certification Textbooks: M105-110, 142

Acronym(s): DLM; ILM

Associated term(s): Information Life Cycle Management

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Data Matching

An activity that involves comparing personal data obtained from a variety of sources, including personal information banks, for the purpose of making decisions about the individuals to whom the data pertains.

Reference(s) in IAPP Certification Textbooks: C87-89; G25-27, 160-161

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Data Processing

Any operation or set of operations which is performed on personal data, such as collecting; recording; organizing; storing; adapting or altering; retrieving; consulting; using; disclosing by transmission, dissemination or otherwise making the data available; aligning or combining data, or blocking, erasing or destroying data. Not limited to automatic means.

Reference(s) in IAPP Certification Textbooks: F35-36

Associated term(s): Data Processor, Processing, Processor

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Data Processor

An individual or organization that processes data on behalf of the data controller. Although they are often third-party providers, a data controller can also be a data processor.

Reference(s) in IAPP Certification Textbooks: F8; E57, 61-62, 288

Associated term(s): Data Controller, Processor

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Data Protection Authority

An official or body that ensures compliance with data protection laws and investigates alleged breaches of the laws’ provisions.

Reference(s) in IAPP Certification Textbooks: F31; E39; M41

Acronym(s): DPA

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Data Protection Commissioner

The person responsible for the enforcement and monitoring of compliance with data protection legislation, including Data Protection Acts. Commissioners are also responsible for investigating breaches of the legislation and prosecuting the senders of spam e-mails and text messages pursuant to SI 535/2003. Only one such prosecution has occurred to date. In the UK, this function is carried out by the Information Commissioner.

Reference(s) in IAPP Certification Textbooks: F33

Associated term(s): Data Protection Authority

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Data Protection Directive

Several directives deal with personal data usage in the EU, but the most overarching is the general policy approved by the European Commission in 1995 (95/46EC) which protects individuals’ privacy and personal data use. The Directive was adopted in 1995, became effective in 1998 and protects individuals’ privacy and personal data use. The Directive recognizes the European view that privacy is a fundamental human right and establishes a general comprehensive legal framework that is aimed at protecting individuals and promoting individual choice regarding the processing of personal data. The Directive imposes an onerous set of requirements on any person that collects or processes data pertaining to individuals in their personal or professional capacity. It is based on a set of data protection principles, which include the legitimate basis, purpose limitation, data quality, proportionality and transparency principles, data security and confidentiality, data subjects’ rights of access, rectification, deletion and objection, restrictions on onwards transfers, additional protection where special categories of data and direct marketing are involved and a prohibition on automated individual decisions. The Directive applies to all sectors of industry, from financial institutions to consumer goods companies, and from list brokers to any employer. The Directive’s key provisions impose severe restrictions on personal data processing, grant individual rights to “data subjects” and set forth specific procedural obligations including notification to national authorities. This was followed in 1997 by a more specific directive for the telecom sector (97/66/EC), which was replaced in mid-2002 by the European institutions to adapt it to new technologies and business practices (2002/58/EC). The Directive has been supplemented by additional directives including a specific provision for e-commerce.

There is currently a proposal from the European Commission for an EU Data Protection Regulation that would supersede the directive if passed.

Reference(s) in IAPP Certification Textbooks: F18-19, 34-41; E37

Associated term(s): EU Data Protection Directive

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Data Protection Impact Assessment

Similar to a Privacy Impact Assessment. According to the proposed EU Data Protection Regulation, Data Protection Impact Assessments ensure “a conscious and systematic effort is made to assess privacy risks to individuals in the collection, use and disclosure of their personal data. DPIAs help identify privacy risks, foresee problems and bring forward solutions.”

Reference(s) in IAPP Certification Textbooks: M123-124

Acronym (s): DPIA

Associated term(s): Privacy Impact Assessments (PIAs)

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Data Quality

A fair information practices principle, it is the principle that personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date. The quality of data is judged by four criteria: Does it meet the business needs?; Is it accurate?; Is it complete?, and is it recent? Data is of an appropriate quality if these criteria are satisfied for a particular application.

Reference(s) in IAPP Certification Textbooks: F22; C19; E2; G10, 20; M35

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Data Quality Act of 2000

Passed in response to the increased use of the Internet by U.S. federal agencies, the act was designed to ensure the quality of information released by agencies by establishing four major requirements: (1) Office of Management and Budget was to issue guidelines "ensuring and maximizing the quality, objectivity, utility and integrity" of disseminated information; (2) agencies must issue their own sets of information quality guidelines; (3) agencies must establish administrative mechanisms for persons to correct erroneous information about themselves; (4) agencies must annually report to OMB regarding the number, nature and handling of complaints.

Reference(s) in IAPP Certification Textbooks: G71

Acronym(s): DQA

Associated term(s): Information Quality

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Data Recipient

A natural or legal person, public authority, agency or any other body which processes personal data on behalf of the data controller.

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Data Retention Directive

This directive is designed to align the rules on data retention across the EU member states. It applies to traffic and location data but not to the actual content of communications of both individuals and organizations.

Reference(s) in IAPP Certification Textbooks: E43

Associated term(s): Directive 2006/24/EC

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Data Subject

The individual about whom information is being processed, such as the patient at a medical facility, the employee of a company or the customer of a retail store.

Reference(s) in IAPP Certification Textbooks: F8; E63; G10, 137

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De Novo

A Latin expression meaning “from the beginning,” “anew” or “beginning again.” In a legal context, a de novo hearing is one in which a higher authority can make a new decision, entirely ignoring the findings and conclusions of a lower authority.

Reference(s) in IAPP Certification Textbooks: C54-56

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Decentralized Governance

Also known as “local governance,” this governance model involves the delegation of decision-making authority down to the lower levels in an organization, away from and lower than a central authority. There are fewer tiers in the organizational structure, wider span of control and bottom-to-top flow of decision-making and ideas.

Reference(s) in IAPP Certification Textbooks: M20

Associated term(s): Local Governance

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Deceptive Trade Practices

In the context of U.S. federal law, a term associated with corporate entities who mislead or misrepresent products or services to consumers and customers. These practices are regulated in the U.S. by the Federal Trade Commission at the federal level and typically by an attorney general or office of consumer protection at the state level. Law typically provides for both enforcement by the government to stop the practice and individual actions for damages brought by consumers who are hurt by the practices.

Reference(s) in IAPP Certification Textbooks: US16

Associated term(s): Unfair Trade Practices

Associated law(s): U.S. Federal Trade Commission Act

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Defamation

Common law tort which focuses on a false or defamatory statement, defined as a communication tending “so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.”

Reference(s) in IAPP Certification Textbooks: US155

Associated term(s): Common Law

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Deidentification

An action that one takes to remove identifying characteristics from data. De-identified data is information that does not actually identify an individual.

Reference(s) in IAPP Certification Textbooks: F5-7; US49; G91

Associated term(s): Anonymization, Anonymized Data, Deidentified Data, Pseudonymization, Pseudonymized Data

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Derogation

The action by which an EU member state may deviate from certain directives, instead relying upon the domestic laws of member states.

Reference(s) in IAPP Certification Textbooks: E187

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Digital Fingerprinting

The use of log files to identify a website visitor. It is often used for security and system maintenance purposes. Log files generally include: the IP address of the visitor; a time stamp; the URL of the requested page or file; a referrer URL, and the visitor’s web browser, operating system and font preferences. In some cases, combining this information can be used to “fingerprint” a device. This more detailed information varies enough among computing devices that two devices are unlikely to be the same. It is used as a security technique by financial institutions and others initiating additional security assurances before allowing users to log on from a new device. Some privacy enforcement agencies; however, have questioned what would constitute sufficient notice and consent for digital fingerprinting techniques to be used for targeted advertising.

Reference(s) in IAPP Certification Textbooks: US138

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Digital Signature

A means for ensuring the authenticity of an electronic document, such as an e-mail, text file, spreadsheet or image file. If anything is changed in the electronic document after the digital signature is attached, the signature is rendered invalid.

Reference(s) in IAPP Certification Textbooks: US97

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Direct Marketing

When the seller directly contacts an individual, in contrast to marketing through mass media such as television or radio.

Reference(s) in IAPP Certification Textbooks: F74-75; C36; E176

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Do Not Track

A proposed regulatory policy, similar to the existing Do Not Call Registry in the United States, which would allow consumers to opt out of web-usage tracking.

Reference(s) in IAPP Certification Textbooks: F75, 134; US22, 24

Acronym(s): DNT

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Durant v. Financial Services Authority

A court case in which the Court of Appeal of the United Kingdom narrowed the definition of personal data. It established a two-stage test; the information must be biographical in a significant sense and the individual must be the focus of the information.

Reference(s) in IAPP Certification Textbooks: E54-55

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E-Authentication

To address the rise in citizen use of the Internet to access government information and services, some type of identity verification or authentication is needed. As such, agencies are required to review new and existing electronic transactions to ensure that authentication processes provide the appropriate level of assurance.

Reference(s) in IAPP Certification Textbooks:  G148-149

Associated term(s): Authorization

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E-Government Act

A U.S. federal law that, among other things, requires federal agencies to conduct Privacy Impact Assessments on new or substantially revised information technology.

Reference(s) in IAPP Certification Textbooks: G15, 17, 28-40, 115

Associated law(s): FISMA

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Electronic Communications Data

Consists of three main categories of personal data: the content of a communication, traffic data and location data.

Reference(s) in IAPP Certification Textbooks: E229

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Electronic Communications Network

Transmission systems, and, where applicable, switching or routing equipment and other resources that permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks; fixed and mobile terrestrial networks; electricity cable systems, to the extent that they are used for the purpose of transmitting signals; networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed.

Acronym(s): ECN

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Electronic Communications Privacy Act of 1986

The collective name of the Electronic Communications Privacy and Stored Wire Electronic Communications Acts, which updated the Federal Wiretap Act of 1968. ECPA, as amended, protects wire, oral and electronic communications while those communications are being made, are in transit, and when they are stored on computers. The act applies to e-mail, telephone conversations and data stored electronically. The USA PATRIOT Act and subsequent federal enactments have clarified and updated ECPA in light of the ongoing development of modern communications technologies and methods, including easing restrictions on law enforcement access to stored communications in some cases.

Reference(s) in IAPP Certification Textbooks: US142,143; G108-109; M38

Acronym(s): ECPA

Associated law(s): Stored Communications Act, Stored Wire Electronic Communications Act, USA Patriot Act

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Electronic Communications Service

Any service which provides to users thereof the ability to send or receive wire or electronic communications.

Acronym(s): ECS

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Electronic Discovery

Prior to trial, information is typically exchanged between parties and their attorneys. E-discovery requires civil litigants to turn over large volumes of a company’s electronic records in litigation.

Reference(s) in IAPP Certification Textbooks: US133, 135-138

Associated term(s): Electronically stored information (ESI), Sedona Conference

Associated law(s): Federal Rules of Civil Procedure

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Electronic Health Record

A computer record of an individual's medical file that may be shared across multiple healthcare settings. In some cases this sharing can occur by way of network-connected enterprise-wide information systems and other information networks or exchanges. EHRs may include a range of data including demographics, medical history, medication and allergies, immunization status, laboratory test results, radiology images, vital signs, personal stats such as age and weight and billing information. Their accessibility and standardization can facilitate large-scale data collection for researchers.

Reference(s) in IAPP Certification Textbooks: US52; C104

Acronym(s): EHR

Associated law(s): HIPAA, HITECH

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Electronic Surveillance

Monitoring through electronic means; i.e., video surveillance, intercepting communications, stored communications or location based services.

Reference(s) in IAPP Certification Textbooks: US147, 157, 168

Associated law(s): Electronic Communications Privacy Act, Stored Communications Act, Wiretap Act

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Employee Information

Personal information reasonably required by an organization that is collected, used or disclosed solely for the purposes of establishing, managing or terminating; (1) an employment relationship, or (2) a volunteer work relationship between the organization and the individual but does not include personal information about the individual that is unrelated to that relationship.

Reference(s) in IAPP Certification Textbooks: F39, 71-73; US158-175; C17

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Employee Personal Data

A high level of protection is required for employee personal data in the EU. The notice and choice principles of the EU Directive should be honored for all employee data, meaning that an employee should be given notice of the company’s intent to share the information and give the employee the choice not to share this information.

Reference(s) in IAPP Certification Textbooks: E211-214

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Employment at Will

An employment contract can be terminated by either the employer or the employee at any time for any reason.

Reference(s) in IAPP Certification Textbooks: US154

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Encryption

The process of obscuring information, often through the use of a cryptographic scheme in order to make the information unreadable without special knowledge; i.e., the use of code keys.

Reference(s) in IAPP Certification Textbooks: F34, 88-89, 96-97, 124-125; US35; G7, 93, 121, 158

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Encryption Key

A cryptographic algorithm applied to unencrypted text to disguise its value or to decrypt encrypted text.

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Equal Employment Opportunity Commission, The

An independent U.S. federal agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence, disability and retaliation for reporting and/or opposing a discriminatory practice. It is empowered to file discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against federal agencies.

Reference(s) in IAPP Certification Textbooks: US157

Acronym(s): EEOC

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Established Business Relationship

An exemption to the Do Not Call (DNC) registry, a marketer may call an individual on the DNC registry if a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party.

Reference(s) in IAPP Certification Textbooks: US87, 95-96

Associated term(s): Established customer relationship

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Established Service Provider

Under the E-Commerce Directive, an established service provider is a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider.

Reference(s) in IAPP Certification Textbooks: E169

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EU Data Protection Directive

Several directives deal with personal data usage in the EU, but the most overarching is the general policy approved by the European Commission in 1995 (95/46EC) which protects individuals’ privacy and personal data use. The Directive was adopted in 1995, became effective in 1998 and protects individuals’ privacy and personal data use. The Directive recognizes the European view that privacy is a fundamental human right and establishes a general comprehensive legal framework that is aimed at protecting individuals and promoting individual choice regarding the processing of personal data. The Directive imposes an onerous set of requirements on any person that collects or processes data pertaining to individuals in their personal or professional capacity. It is based on a set of data protection principles, which include the legitimate basis, purpose limitation, data quality, proportionality and transparency principles, data security and confidentiality, data subjects’ rights of access, rectification, deletion and objection, restrictions on onwards transfers, additional protection where special categories of data and direct marketing are involved and a prohibition on automated individual decisions. The Directive applies to all sectors of industry, from financial institutions to consumer goods companies, and from list brokers to any employer. The Directive’s key provisions impose severe restrictions on personal data processing, grant individual rights to “data subjects” and set forth specific procedural obligations including notification to national authorities. This was followed in 1997 by a more specific directive for the telecom sector (97/66/EC), which was replaced in mid-2002 by the European institutions to adapt it to new technologies and business practices (2002/58/EC). The Directive has been supplemented by additional directives including a specific provision for e-commerce.

There is currently a proposal from the European Commission for an EU Data Protection Regulation that would supersede the directive if passed.

Reference(s) in IAPP Certification Textbooks: F18-19, 34-41; E37; M30, 39

Associated term(s): Data Protection Directive

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EU Data Retention Directive

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EU-U.S. Safe Harbor Agreement

An agreement between the EU and U.S. under which data may be exported to the U.S. in compliance with the EU Directive on Data Protection. Within a safe harbor agreement a data processor must abide by seven principles that and self-certify the compliance with to the Department of Commerce. These principles are notice, choice, consent to onward transfer, security, integrity, access, and enforcement. Certifying oneself as abiding by the Safe Harbor Framework without full compliance may be considered a deceptive trade practice under section 5 of the FTC Act.

Reference(s) in IAPP Certification Textbooks: F39-41; US19; C114; E295

Associated term(s): Safe Harbor

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European Commission

The executive body of the European Union. Its main function is to implement the EU’s decisions and policies, along with other functions. It is also responsible for making adequacy determinations with regard to data transfers to third-party countries.

Reference(s) in IAPP Certification Textbooks: E274, 296

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European Convention for the Protection of Human Rights and Fundamental Freedoms

A European convention that sought to secure the recognition and observance of the rights enunciated by the United Nations. The Convention provides that “(e)veryone has the right to respect for his private and family life, his home and his correspondence.” Article 8 of the Convention limits a public authority’s interference with an individual’s right to privacy, but acknowledges an exception for actions in accordance with the law and necessary to preserve a democratic society.

Reference(s) in IAPP Certification Textbooks: F3; C5; E29

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European Convention on Human Rights

An international treaty among European states to protect human rights and fundamental freedoms. It applies only to member states.

Reference(s) in IAPP Certification Textbooks: E5-6, 15

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European Council

A forum where heads of state meet four times a year to define priorities and set political direction for the EU.

Reference(s) in IAPP Certification Textbooks: E24

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European Court of Human Rights

An international court that oversees the European Convention on Human Rights and Fundamental Freedoms of 1950. The court is based in Strasbourg, France, and was set up in 1959.

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European Data Protection Supervisor

The EDPS is the data protection regulator for the EU as an entity. Established by EU regulation, the EDPS ensures that the institutions of the EU; i.e., the commission, council, Parliament, etc., respect the fundamental rights and freedoms of individuals, particularly their rights to privacy. Specifically, the job of the EDPS is to ”monitor the application of the provisions of this Regulation to all processing operations carried out by a Community institution or body.”

Reference(s) in IAPP Certification Textbooks: E200-204

Acronym(s): EDPS

Associated law(s): Regulation (EC) No 45/2001

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European Economic Area

An economic region that includes the European Union (EU) and Iceland, Norway and Liechtenstein—which are not official members of the EU but are closely linked by economic relationship. Non-EU countries in the EEA are required to adopt EU legislation regarding the single market.

Reference(s) in IAPP Certification Textbooks: F46

Acronym(s): EEA

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European Economic Community

Created by the Treaty of Rome, the EEC was a predecessor to the European Union that promoted a single economic market across Europe.

Associated term(s): The Common Market

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European Parliament

The only EU institution whose members are directly elected by member states, Parliament has four responsibilities—legislative development, supervisory oversight of other institutions, democratic representation and budget development.

Reference(s) in IAPP Certification Textbooks: E21

Acronym(s): MEP

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European Union

The European Union replaced the EEC, created by the Treaty of Rome, the EEC promoted a single economic market across Europe. The EU is comprised of 27 member states including Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Candidates include Croatia, the Former Yugoslav Republic of Macedonia, Iceland, Montenegro, Serbia and Turkey.

Acronym(s): EU

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Executive Order 12333

The order that provides information about the goals, direction, duties and responsibilities with respect to the national intelligence effort and provides basic information on how intelligence activities should be conducted.  The executive order states that agencies within the intelligence community are authorized to collect, retain or disseminate information concerning United States persons only in accordance with procedures established by the head of the agency concerned, and must be approved by the attorney general.

Reference(s) in IAPP Certification Textbooks: G81-82

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Extensible Markup Language

A markup language that facilitates the transport, creation, retrieval and storage of documents. Similar to HTML, XML uses tags to describe the contents of a web page or file. XML describes content of a web page in terms of the data that is being produced, potentially creating automatic processing of data in ways that may require attention for privacy issues, unlike HTML, which describes the content of a web page in terms of how it should be displayed.

Reference(s) in IAPP Certification Textbooks: F116

Acronym(s): XML

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Extranet

A network system formed through the connection of two or more corporate intranets. These external networks create inherent security risks, while often also meeting important organizational goals. An extranet opens a backdoor into the internal network and provides a third party with a level of trust. While these risks cannot be eliminated, they can be assessed, managed and mitigated. The foundation of this management is a thorough and detailed e-business contract that specifies who may access data, what data will be accessed and what security controls the partner has in place. It should also detail how shared devices will be managed, procedures for cooperating with technical staff in the event of problems and escalation procedures for resolving difficult technical problems.

Reference(s) in IAPP Certification Textbooks: F86-87

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Factortame

A 1989 case brought before the European Court of Justice which established the precedence of EU law over national laws of member states in areas where the EU has competence.

Reference(s) in IAPP Certification Textbooks: E68

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Fair and Accurate Credit Transactions Act of 2003

An amendment to the Fair Credit Reporting Act, this Act allows consumers to request and obtain a free credit report every twelve months from each of the three nationwide consumer credit reporting companies.

Reference(s) in IAPP Certification Textbooks: M38

Acronym(s): FACTA

Associated law(s): Fair Credit Reporting Act (FCRA)

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Fair Credit Reporting Act, The

One of the oldest U.S. federal privacy laws still in force today. It was enacted in 1970 to mandate accurate and relevant data collection, give consumers the ability access and correct their information, and limit the use of consumer reports to permissible purposes, such as employment and extension of credit or insurance.

Reference(s) in IAPP Certification Textbooks: F4, 42; US57-64; C123-124; G147; M38

Acronym(s): FCRA

Associated law(s): Fair and Accurate Credit Transactions Act of 2003 (FACTA)

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Fair Information Practices

(1)The Collection Limitation Principle.  There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject. (2)The Data Quality Principle. Personal data should be relevant to the purposes for which they are to be used and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date. (3)The Purpose Specification Principle. The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose. (4)The Use Limitation Principle. Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 8 (below) except a) with the consent of the data subject, or b) by the authority of law. (5)The Security Safeguards Principle. Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data. (6)The Openness Principle. There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data and the main purposes of their use, as well as the identity and usual residence of the data controller. (7)The Individual Participation Principle. An individual should have the right: a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him; b) to have data relating to him communicated to him, within a reasonable time, at a charge, if any, that is not excessive; in a reasonable manner, and in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied and to be able to challenge such denial; and d) to challenge data relating to him and, if the challenge is successful, to have the data erased, rectified, completed or amended; (8) The Accountability Principle. A data controller should be accountable for complying with measures which give effect to the principles stated above.

Reference(s) in IAPP Certification Textbooks: F15-22; C18-20; E8-9

Acronym(s): FIPs

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Fairness

One of two requirements established by the EU Data Protection Directive for the processing of personal data. In order to be considered fair, the data controller must provide specific information to the data subject prior to processing.

Reference(s) in IAPP Certification Textbooks: E82-83

Associated term(s): Data Controller, Lawfulness

Associated law(s): Data Protection Directive

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Family Educational Rights and Privacy Act

FERPA establishes requirements regarding the privacy protection of student educational records.  It applies to all academic institutions that receive funds under applicable U.S. Department of Education programs.  FERPA gives parents certain rights with respect to their children’s education records.  These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.  Students to whom the rights have transferred are referred to as “eligible students.”

Reference(s) in IAPP Certification Textbooks: US77-82; G101

Acronym(s): FERPA

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Federal Advisory Committee Act, The

A federal law governing the behavior of federal advisory committees, restricting the formation of such committees to those deemed essential, limiting their powers and their length of operation, requiring open meetings and open records and mandating a publicly-accessible government-wide database.

Reference(s) in IAPP Certification Textbooks: G67-68

Acronym(s): FACA

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Federal Agency Data Mining Reporting Act

A federal law requiring agencies found of data mining to submit a yearly report to Congress.  The privacy office of that agency must be involved in producing the report.  The report will be made public and describe all of the agency’s data-mining activity, goals and an assessment of the effectiveness of the data mining activity.

Reference(s) in IAPP Certification Textbooks: G75

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Federal Agency Data Mining Reporting Act

A federal law requiring agencies found of data mining to submit a yearly report to Congress.  The privacy office of that agency must be involved in producing the report.  The report will be made public and describe all of the agency’s data-mining activity, goals and an assessment of the effectiveness of the data mining activity.

Reference(s) in IAPP Certification Textbooks: G75

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Federal Enterprise Architecture Security and Privacy Profile

The FEA-SPP services two function in the integration of privacy and security risk-management practices.  First, it clearly articulates that while there is a symbiotic relationship between security and privacy, these practices are not identical; they are distinct practices, but intertwined. Second, the FEA-SPP lays the groundwork for driving agency integration of privacy risk management into the fundamental design of technical systems and technologies.

Reference(s) in IAPP Certification Textbooks: G49-50

Acronym(s): FEA-SPP

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Federal Information Security Incident Center

FISMA codified a federal information security center, which is implemented in the U.S. Computer Emergency Readiness Team (US-CERT). U.S.-CERT is called upon to provide timely technical assistance regarding security incidents; compile and analyze security incident information; inform federal agency information system operators about current and potential threats, and consult with NIST and others regarding information security incidents.

Reference(s) in IAPP Certification Textbooks: G76

Acronym(s): FISIC

Associated term(s): U.S.-CERT, NIST

Associated law(s): FISMA

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Federal Information Security Management Act of 2002, The

A U.S. federal law enacted as part of the E-Government Act of 2002. The act requires each federal agency to develop, document and implement an agency-wide program to provide information security for the data and data systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor or other source. FISMA requires agency program officials, chief information officers and inspectors general to conduct annual reviews of the agency’s information security program and report the results to Office of Management and Budget. OMB uses this data to assist in its oversight responsibilities and to prepare this annual report to Congress on agency compliance with the act.  In FY 2008, federal agencies spent $6.2 billion securing the government’s total information technology investment of approximately $68 billion or about 9.2 percent of the total information technology portfolio.

Reference(s) in IAPP Certification Textbooks: G29, 45-53

Acronym(s): FISMA

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Federal Records Act

The Federal Records Act requires the establishment of standards and procedures to ensure efficient and effective records management.  The objectives of the Federal Records Act interact with federal privacy to: Ensure appropriate maintenance of a record that allows access rights to subject of the record; Minimize the collection of PII; Ensure the destruction of PII when there is no longer a business, legal, or historical need for the record.

Reference(s) in IAPP Certification Textbooks: G153-4

Associated term(s): PII

Associated law(s): Privacy Act

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Federal Trade Commission

The United States' primary consumer protection agency, the FTC collects complaints about companies, business practices and identity theft under the FTC Act and other laws that they enforce or administer. Importantly, the FTC brings actions under Section 5 of the FTC Act, which prohibits unfair and deceptive trade practices.

Reference(s) in IAPP Certification Textbooks: F43; US14-20

Acronym(s): FTC

Associated law(s): FTC Act

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Final Health Breach Notification Rule

A rule, promulgated under HITECH, requiring vendors of personal health records and related entities to notify consumers when the security of their individually identifiable health information has been breached.

Reference(s) in IAPP Certification Textbooks:

Associated law(s): HITECH

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Five-Step Metric Life Cycle

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Flash

Software that is used to add animation and other visual effects to web-based content.

Reference(s) in IAPP Certification Textbooks: F119

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Foreign Intelligence Surveillance Act of 1978, The

A U.S. federal law regulating the way that U.S. intelligence agencies conduct foreign intelligence surveillance activities, including wiretaps and the interception of communications. The act sets forth a judicial approval process required when the government targets U.S. persons located within the United States. FISA allows warrantless surveillance to be conducted without a court order for up to one year, provided the surveillance is for foreign intelligence information, is targeting foreign powers and will not capture the contents of any communication to which a U.S. person is a party. Generally speaking, FISA does not apply to activities directed at persons overseas.

Reference(s) in IAPP Certification Textbooks: G105-107, 110

Acronym(s): FISA

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Four Classes of Privacy

Four main areas of privacy are of particular interest with regard to data protection and privacy laws and practices: information privacy, bodily privacy, territorial privacy, and communications privacy.

Reference(s) in IAPP Certification Textbooks: F2

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Freedom of Information Act, The

A U.S. federal law that ensures citizen access to federal government agency records. FOIA only applies to federal executive branch documents. It does not apply to legislative or judicial records. FOIA requests will be fulfilled unless they are subject to nine specific exemptions. Most states have some state level equivalent of FOIA. The federal and most state FOIA statutes include a specific exemption for personal information so that sensitive data (such as Social Security numbers) are not disclosed.

Reference(s) in IAPP Certification Textbooks: F44; US133-135; G20, 22, 54-62

Acronym(s): FOIA

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Freely-Given Consent

Consent that is given when the data subject has a genuine choice and there is no risk of coercion, deception, or intimidation if the data subject does not consent.

Reference(s) in IAPP Certification Textbooks: E93

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Gap Analysis

Performed to determine the capability of current privacy management to support each of the business and technical requirements uncovered during an audit or privacy assessment, if any exist; requires reviewing the capabilities of current systems, management tools, hardware, operating systems, administrator expertise, system locations, outsourced services and physical infrastructure.

Reference(s) in IAPP Certification Textbooks: M54

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Gaskin v. United Kingdom

A court case in which it was decided the restriction of an applicant’s access to their file was contrary to article 8 of the European Convention on Human Rights.

Reference(s) in IAPP Certification Textbooks: E31

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Generally Accepted Privacy Principles

A framework promulgated by the American Institute of Certified Public Accountants (AICPA) in conjunction with the Canadian Institute of Chartered Accountants (CICA). The ten principles are management, notice, choice and consent, collection, use and retention, access, disclosure to third parties, security for privacy, quality, monitoring and enforcement.

Reference(s) in IAPP Certification Textbooks: C61-62; M30, 49-50, 128

Acronym(s): GAPP

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GET Method

The GET and POST HTML method attributes specify how form data is sent to a web page. The GET method appends the form data to the URL in name/value pairs allowing passwords and other sensitive information collected in a form to be visible in the browser’s address bar, and is thus less secure than the POST method.

Associated term(s): POST Method

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Global Privacy Enforcement Network

GPEN aims to promote cross-border information sharing as well as investigation and enforcement cooperation among privacy authorities around the world. Another cross-border enforcement cooperation effort is the Asia-Pacific Economic Cooperation

Reference(s) in IAPP Certification Textbooks: US25

Acronym(s): GPEN

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Government in the Sunshine Act

The Government in the Sunshine Act, 5 U.S.C. § 552b, generally requires multi-member federal agencies; i.e., the FCC and SEC, to hold their meetings in public and to give advance public notice of their meetings. The goal of the Sunshine Act is to promote public access to information about the decision-making processes of the federal government and to improve those processes by exposing them to public view.

Reference(s) in IAPP Certification Textbooks: G68-70

Acronym(s): GSA

Associated term(s): 5 U.S.C. § 552b

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Gramm-Leach-Bliley Act

The commonly used name for The Financial Services Modernization Act of 1999. The act re-organized financial services regulation in the United States and applies broadly to any company that is “significantly engaged” in financial activities in the U.S. In its privacy provisions, GLBA addresses the handling of non-public personal information, defined broadly to include a consumer’s name and address, and consumers’ interactions with banks, insurers and other financial institutions. GLBA requires financial institutions to securely store personal financial information; give notice of their policies regarding the sharing of personal financial information, and give consumers the ability to opt out of some sharing of personal financial information.

Reference(s) in IAPP Certification Textbooks: F41, 43, 68; US66-71; C125-126; G98-101; M8, 30, 38

Acronym(s): GLBA

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Haralambie v. Romania

A court case claiming that the Romanian government violated Article 8 of the European Convention on Human Rights by placing of obstacles in the way of an applicant when he sought access to the file on him drawn up by the Communist government's secret service.

Reference(s) in IAPP Certification Textbooks: E31

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Health Information Technology for Economic and Clinical Health Act, The

Enacted as part of the American Recovery and Reinvestment Act of 2009, the HITECH Act, among other objectives, further addresses privacy and security issues involving PHI as defined by HIPAA.  The HITECH privacy provisions include the introduction of categories of violations based on culpability that, in turn, are tied to tiered ranges of civil monetary penalties.  Its most noteworthy elements elaborate upon breach notifications resulting from the use or disclosure of information that compromises its security or privacy.

Reference(s) in IAPP Certification Textbooks (see key at bottom of page): F32; US51-52; C124-125; G92-94

Acronym(s): HITECH

Related term(s): EHR

Associated law(s): HIPAA

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Health Insurance Portability and Accountability Act, The

A U.S. law passed to create national standards for electronic healthcare transactions, among other purposes. HIPAA required the U.S. Department of Health and Human Services to promulgate regulations to protect the privacy and security of personal health information. The basic rule is that patients have to opt-in before their information can be shared with other organizations—although there are important exceptions such as for treatment, payment and healthcare operations.

Reference(s) in IAPP Certification Textbooks: F42; US46-51; C124-125; G89-92; M9, 30, 38, 40

Acronym(s): HIPAA

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House of Commons

One of two chambers of the Canadian Parliament, along with the Senate. Members of the House of Commons are elected at least every five years.

Reference(s) in IAPP Certification Textbooks: C7

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HTML

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Hybrid Governance

This privacy governance model allows for a combination of centralized and local governance.  Typically seen when a large organization assigns a main individual responsibility for privacy-related affairs, and the local entities then fulfill and support the policies and directives from the central governing body.

Reference(s) in IAPP Certification Textbooks: M20

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Hyperlink

Linked graphic or text that is used to connect an end user to other websites, parts of websites or web-enabled services. The URL of a web location is embedded in the HTML code, so that when certain words or images are selected through the web browser, the end user is transported to the destination website or page.

Reference(s) in IAPP Certification Textbooks: F117

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Hypertext Markup Language (HTML)

A content authoring language used to create web pages. Web browsers use HTML to interpret and render visible and audible content from the web pages. Document “tags” can be used to format and lay out web page content and to “hyperlink”—connect dynamically—to other web content. Forms, links, pictures and text may all be added with minimal commands. Headings are also embedded into the text and are used by web servers to process commands and return data with each request.

Reference(s) in IAPP Certification Textbooks: F116

Acronym(s): HTML

Associated term(s): HTTP, HTTPS

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Hypertext Transfer Protocol

A networking language that manages data packets over the Internet. It defines how messages are formatted and transmitted over a TCP/IP network for websites. Further, it defines what actions Web servers and web browsers take in response to various commands.

Reference(s) in IAPP Certification Textbooks: F115

Acronym(s): HTTP

Associated term(s): HTML, HTTPS

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Hypertext Transfer Protocol Secure

A secure network communication method, technically not a protocol in itself, HTTPS is the result of layering the Hypertext Transfer Protocol (HTTP) on top of the SSL/TLS protocol, thus adding the security capabilities of SSL/TLS to standard HTTP communications.

Reference(s) in IAPP Certification Textbooks: F118

Acronym(s): HTTPS

Associated term(s): HTTP, SSL/TLS

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Identifying Purposes

Integral to privacy protection is the obligation on organizations to identify and document the purposes for the collection of any personal information at or before the time of collection.

Reference(s) in IAPP Certification Textbooks: C19

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Individual Access

One of 10 privacy principles of PIPEDA. Organizations must be able to respond to requests from individuals for access to their personal information.

Reference(s) in IAPP Certification Textbooks: C19-20

Associated law(s): PIPEDA

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Individual Participation

A fair information practices principle, it is the principle that an individual should have the right: a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him; b) to have data relating to him communicated to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner, and in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and d) to challenge data relating to him and, if the challenge is successful, to have the data erased, rectified, completed or amended.

Reference(s) in IAPP Certification Textbooks: F18; E20; M35

Associated term(s): FIPs

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Information Banks

Repositories of personal information that are kept by the Canadian government to comply with the Privacy Act.

Reference(s) in IAPP Certification Textbooks: C72

Associated law(s): The Canadian Privacy Act

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Information Life Cycle

Collection, processing, use, disclosure, retention, and destruction.

Reference(s) in IAPP Certification Textbooks: F13, 16; G176

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Information Life Cycle Management

Also known as data life cycle management (DLM) or data governance, ILM is a policy-based approach to managing the flow of information through a life cycle from creation to final disposition. ILM provides a holistic approach to the processes, roles, controls and measures necessary to organize and maintain data, and has 11 elements:  Enterprise objectives; minimalism; simplicity of procedure and effective training; adequacy of infrastructure; information security; authenticity and accuracy of one’s own records; retrievability; distribution controls; auditability; consistency of policies; and enforcement.

Reference(s) in IAPP Certification Textbooks: M105-110, 142

Acronym(s): DLM, ILM

Associated term(s): Data Life Cycle Management

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Information Privacy

One of the four classes of privacy, along with territorial privacy, bodily privacy, and communications privacy. The claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about them is communicated to others.

Reference(s) in IAPP Certification Textbooks: F2-4, 77-78; G8-13

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Information Security

The protection of information for the purposes of preventing loss, unauthorized access and/or misuse. It is also the process of assessing threats and risks to information and the procedures and controls to preserve confidentiality, integrity and availability of information.

Reference(s) in IAPP Certification Textbooks : F77-112; G45

Acronym(s): IS

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Information Security Practices

Provide management, technical and operational controls to reduce probable damage, loss, modification or unauthorized data access.

Reference(s) in IAPP Certification Textbooks: M112

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Information Security Triad

Also known as “the C-I-A triad”; consists of three common information security principles: Confidentiality, integrity, and availability.

Reference(s) in IAPP Certification Textbooks: M112

Associated law(s): C-I-A Triad

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Information Sharing Environment

The ISE is a conceptual framework for facilitating the sharing of terrorism-related information among federal, state, local and tribal agencies, the private sector, and foreign partners.  The ISE was mandated by the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA).  ISE guidance includes steps that ensure the information privacy and other legal rights of Americans are protected in the development and use of the information-sharing environment.  The ISE privacy guidelines provide high-level direction on protecting privacy.  The guidelines apply to information about U.S. citizens and lawful permanent residents.

Reference(s) in IAPP Certification Textbooks: G82-84

Acronym(s): ISE

Associated law(s): Intelligence Reform and Terrorism Prevention Act

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Internal Partners

Professionals and departments within an organization who have ownership of privacy activities, e.g., human resources, marketing, information technology.

Reference(s) in IAPP Certification Textbooks: M11-13

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International Data Transfers

The transmission of personal information from one jurisdiction to another. Many jurisdictions, most notably the European Union, place significant restrictions on such transfers. The EU requires that the receiving jurisdiction be judged to have “adequate” data protection practices.

Reference(s) in IAPP Certification Textbooks: F19, 36-37; E175-178

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Internet Protocol Address

A unique string of numbers that identifies a computer on the Internet or other TCP/IP network. The IP address is expressed in four groups of up to three numbers, separated by periods. For example: 123.123.23.2. An address may be "dynamic," meaning that it is assigned temporarily whenever a device logs on to a network or an Internet service provider and consequently may be different each time a device connects. Alternatively, an address may be "static," meaning that it is assigned to a particular device and does not change, but remains assigned to one computer or device.

Reference(s) in IAPP Certification Textbooks: F6-7, 118; E278-279

Acronym(s): IP Address

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Internet Service Provider

A company that provides Internet access to homes and businesses through modem dial-up, DSL, cable modem broadband, dedicated T1/T3 lines or wireless connections.

Reference(s) in IAPP Certification Textbooks: F7, 118

Acronym(s): ISP

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Intrusion Detection System

A system that inspects network activity and identifies suspicious patterns that may someone is attempting to penetrate or compromise a system or network. An IDS: may be network-based or host-based; signature-base or anomaly-based, and requires human intervention in order to respond to the attack.

Reference(s) in IAPP Certification Textbooks: F99-101

Acronym(s): IDS

Associated term(s): Intrusion Prevention System (IPS)

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Intrusion Prevention System

A form of access control. An IPS is much like an application firewall. Its intent is not only to detect a network attack but to prevent it. It neither requires nor involves human intervention in order to respond to a system attack.

Reference(s) in IAPP Certification Textbooks: F99-101

Acronym(s): IPS

Associated term(s): Intrusion Detection System (IDS)

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ISO 27002

The ISO (International Organization for Standardization) 27002 standard is a code of practice for information security with hundreds of potential controls and control mechanisms. The standard is intended to provide a guide for the development of "organizational security standards and effective security management practices and to help build confidence in inter-organizational activities".

Reference(s) in IAPP Certification Textbooks: F81-82

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Javascript

A computer scripting language used to produce interactive and dynamic web content.

Reference(s) in IAPP Certification Textbooks: F118-119

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Jurisdiction

The authority of a court to hear a particular case. Courts must have jurisdiction over both the parties to the dispute (personal jurisdiction) and the type of dispute (subject matter jurisdiction). The term is also used to denote the geographical area or subject-matter to which such authority applies.

Reference(s) in IAPP Certification Textbooks: F6-7; US5; C8

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Just-in-Time Notification

Disclosure of specific information practices posted, usually accompanied by a consent request, at the point of information collection

Reference(s) in IAPP Certification Textbooks: F122; C8

Acronym(s): JIT Notice

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Law Enforcement Authority

A body sanctioned by local, regional or national governments to enforce laws and apprehend those who break them. In Europe, public law enforcement authorities are governed by strict rules of criminal procedure designed to protect the fundamental human right to privacy enshrined in Article 8 of the European Convention on Human Rights (ECHR).

Reference(s) in IAPP Certification Textbooks: E227

Associated term(s): Public Law Enforcement Authorities

Acronym(s): LEA

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Lawfulness

According to the EU Data Protection Directive, processing of personal data must meet two specific requirements; fairness and lawfulness. Lawfulness suggests a community-wide set of norms enforceable by the intervention of the state. In order to be lawful, processing must meet all legal requirements.

Reference(s) in IAPP Certification Textbooks: E83-85

Associated term(s): Fairness

Associated law(s): Data Protection Directive

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Layered Notice

A privacy notice designed to respond to problems with a excessively long notices. A short notice—the top layer—provides a user with the key elements of the privacy notice. The full notice—the bottom layer—covers all the intricacies in full. In Europe, the Article 29 Working Party recommends three layers: a short notice, a condensed notice and a full notice.

Reference(s) in IAPP Certification Textbooks: F121-122; US63-64; E120-122

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Layered Security Policy

A layered approach defines three levels of security policies. The top layer is a high-level document containing the controller’s policy statement. The next layer is a more detailed document that sets out the controls that will be implemented to achieve the policy statements. The third layer is the most detailed and contains the operating procedures, which explain how the policy statements will be achieved in practice.

Reference(s) in IAPP Certification Textbooks: E152-153

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Least Privilege

A security control where access is granted at the lowest possible level required to perform the function.

Reference(s) in IAPP Certification Textbooks: F94

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Legitimate Interests of Controller

One of several legitimate processing criteria required by the EU Data Protection Directive. This rather broad criteria states “Processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party or parties to whom the data is disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subject, which require protection under Article 1(1).”

Reference(s) in IAPP Certification Textbooks: E88-89

Associated term(s): Data Protection Directive, Legitimate Processing Criteria

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Legitimate Processing Criteria

To process data in compliance with EU data protection law, a controller must be able to base the processing activity on at least one legitimate criteria derived from the Data Protection Directive. These criteria are consent, necessity, contract requirement, legal obligation, protection of data subject, public interest and legitimate interests of the controller.

Reference(s) in IAPP Certification Textbooks: E93-100

Associated term(s): Consent, Legitimate Interests of Controller

Associated law(s): Data Protection Directive

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Limiting Use

The concept that personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by the law.

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Lindqvist Judgement

A case in which the European Court of Justice ruled that a woman who identified and included information about fellow church volunteers on her website was in breach of the Data Protection Directive 95/46/EC. The ECJ held that the creation of a personal website was not a personal activity allowing the woman to be exempted from the data protection rules.

Reference(s) in IAPP Certification Textbooks: E32-33, 74

Associated law(s): Directive 95/46/EC

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Local Area Network

Networks that exist within an operational facility. They are considered within local operational control and are relatively easy to manage.

Reference(s) in IAPP Certification Textbooks: F85-86

Acronym(s): LAN

Associated term(s): WAN

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Local Governance

Also known as “decentralized governance,” this governance model involves the delegation of decision-making authority down to the lower levels in an organization, away from and lower than a central authority. There are fewer tiers in the organizational structure, wider span of control and bottom-to-top flow of decision-making and ideas.

Reference(s) in IAPP Certification Textbooks: M20

Associated term(s): Decentralized Governance

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Location-Based Service

Services that utilize information about location to deliver, in various contexts, a wide array of applications and services, including social networking, gaming and entertainment. Such services typically rely upon GPS, RFID or similar technologies in which geolocation is used to identify the real-world geographic location of an object, such as a cell phone or an Internet-connected computer terminal.

Reference(s) in IAPP Certification Textbooks: F141; US170; E242-245

Acronym(s): LBS

Associated term(s): Geolocation; GPS; Global Positioning System; RFID

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Logs

A record of both normal and suspect events by a computer system (typically an operating system). The application log contains events logged by applications or programs. For example, a database program might record a file error in the application log. The program developer decides which events to record. The system log contains events logged by the operating system components; for example, the failure of a driver or other system component to load during startup is recorded in the system log. The event types logged by system components are predetermined for the operating system. The security log can record security events, such as valid and invalid log-in attempts as well as events related to resource use, such as creating, opening, or deleting files. An administrator can specify what events are recorded in the security log. For example, if you have enabled log-in auditing, attempts to log in to the system are recorded in the security log.

Reference(s) in IAPP Certification Textbooks: F80, 101, 106

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Machine-readable Formats

“[W]ritten in a standard computer language (not English text) that can be read automatically by a web browser.” (Source: OMG PIA Guidance)

Reference(s) in IAPP Certification Textbooks: G37

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Madrid Resolution

A resolution that was adopted by the International Conference of Data Protection and Privacy Commissioners, consisting of 80 data protection authorities from 42 countries around the world, including members of the Article 29 Working Party. Principles include: lawfulness and fairness; purpose specification; proportionality; data quality; openness; accountability.

Reference(s) in IAPP Certification Textbooks: F22

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Matching Program (from The Privacy Act of 1974)

Any computerized comparison of two or more automated systems of records or a system of records with non-Federal records for the purpose of establishing or verifying the eligibility of, or continuing compliance by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or (any computerized comparison of) two or more automated Federal personnel or payroll systems of records or (any such system) with non-Federal records.

Reference(s) in IAPP Certification Textbooks: G19, 124, 161

Associated term(s): The Privacy Act of 1974

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Medical Information

Information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics or other medical or medically related facilities.

Reference(s) in IAPP Certification Textbooks: F67-68, US45-47, 63; G90

Associated term(s): HIPAA

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Members of the European Parliament

MEPs have the right to propose written and oral questions to the European Council and the European Commission providing another layer of oversight in the legislative process.

Reference(s) in IAPP Certification Textbooks: E22-23

Acronym(s): MEPs

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Memorandum of Understanding/Agreement

“A document established between two or more parties to define their respective responsibilities in accomplishing a particular goal or mission. In this guide [NIST SP 800-47], an MOU/A defines the responsibilities of two or more organizations in establishing, operating and securing a system interconnection.” For the proposed transmission of PII among federal agencies, a memorandum will govern the purpose, methods of transmission, relevant authorities, specific responsibilities of the organizations transmitting and receiving the PII, and risks associated with its transmission.

Reference(s) in IAPP Certification Textbooks: G159

Acronym(s): MOU

Associated term(s): NIST SP 800-47

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Metric Life Cycle

The processes and methods to sustain a metric to match the ever-changing needs of an organization.  Consists of a 5-step process: (1) Identification of the intended audience; (2) Definition of data sources; (3) Selection of privacy metrics; (4) Collection and refinement of systems/application collection points; and (5) Analysis of the data/metrics to provide value to the organization and provide a feedback quality mechanism.

Reference(s) in IAPP Certification Textbooks: M64

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Metrics

Tools that facilitate decision-making and accountability through collection, analysis, and reporting of data. They must be measurable, meaningful, clearly defined (with boundaries), indicate progress, and answer a specific question to be valuable and practical.

Reference(s) in IAPP Certification Textbooks: M61

Associated term(s): Metric Life Cycle

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Minimum Necessary Requirement

Under HIPAA, the standard that the level of information that may be disclosed by healthcare providers to third parties is the minimum amount necessary to accomplish the intended purpose.

Reference(s) in IAPP Certification Textbooks: F22; US47-48

Associated term(s): Minimum Necessary Standard

Associated law(s): HIPAA

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Model Code for the Protection of Personal Information

A set of privacy principles developed by the Canadian Standards Association, that parallel the OECD's Guidelines Governing the Protection of Privacy and Transborder Data Flows of Personal Data and espouse 10 principles: Accountability, Identifying Purpose, Consent, Limiting Collection, Limiting Use, Disclosure, & Retention, Accuracy, Safeguards, Openness, Individual Access and Challenging Compliance

Reference(s) in IAPP Certification Textbooks: C19, 146

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Monetary Instrument Log

Under the Bank Secrecy Act, the log of transactions a financial institution must retain a record for cash purchases of monetary instruments (e.g., money orders, cashier’s checks, travelers checks) ranging from $3,000 to $10,000.

Reference(s) in IAPP Certification Textbooks: G104

Acronym(s): MIL

Associated law(s): Bank Secrecy Act

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Multi-Factor Authentication

The authentication of a user by multiple means. This is typically accomplished by a requirement for both a password and at least one other form of authentication such as a pass card, biometric scan or an "out of band" means such as a phone call.

Reference(s) in IAPP Certification Textbooks: F94-95

Associated term(s): Two-Factor Authentication; Two-Step Authentication

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National Archives and Records Administration

NARA is charged with providing guidance and assistance with respect to records management and maintaining those records that are of sufficient value to warrant permanent preservation.  Further, NARA establishes general records schedules, which provide mandatory disposal authorization for temporary administrative records common to several or all agencies of the federal government.  These include records relating to civilian personnel, fiscal accounting, procurement, communications, printing and other common functions and certain nontextual records.

Reference(s) in IAPP Certification Textbooks: G154,156

Acronym(s): NARA

Associated term(s): Terms

Associated law(s): Laws

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National Institute of Standards and Technology

NIST is an agency within the Department of Commerce.  NIST has the lead responsibility for the development and issuance of security standards and guidelines for the federal government, contractors, and the United States critical information infrastructure.

The NIST has published a series of publications in support of its risk management framework (RMF).  The RMF is a multi-tiered and structured methodology for creating a unified information security framework for the federal government in order to meet the vast array of requirements set forth in FISMA.

Reference(s) in IAPP Certification Textbooks: G118

Acronym(s): NIST

Associated term(s): FISMA

Associated law(s): FISMA

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National Labor Relations Board, The

A U.S. federal agency that administers the National Labor Relations Act. The board conducts elections to determine if employees want union representation and investigates and remedies unfair labor practices by employers and unions.

Reference(s) in IAPP Certification Textbooks: US157

Acronym(s): NLRB

Associated law(s): NLRA

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National Security Letter

A category of subpoena. The USA PATRIOT Act expanded the use of NSLs. Separate and sometimes differing statutory provisions now govern access, without a court order, to communication providers, financial institutions, consumer credit agencies and travel agencies.

Reference(s) in IAPP Certification Textbooks: US148

Acronym(s): NSL

Associated law(s): USA-PATRIOT Act

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Negligence

An organization will be liable for damages if it breaches a legal duty to protect personal information and an individual is harmed by that breach.

Reference(s) in IAPP Certification Textbooks: F25; US5

Associated term(s): Private Right of Action

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Network-Layer Attacks

Attacks that exploit the basic network protocol in order to gain any available advantage. These attacks generally involve “spoofing” a network address so that a computer sends data to an intruder rather than their proper recipient or destination. Other attacks can involve service disruptions through a denial of service (DOS) attack—a brute force method that overloads the capacity of a website’s domain to respond to incoming requests such that it renders the server inoperable.

Reference(s) in IAPP Certification Textbooks: F102

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Non-Public Personal Information

Is defined by GLBA as personally identifiable financial information (i) provided by a consumer to a financial institution, (ii) resulting from a transaction or service performed for the consumer, or (iii) otherwise obtained by the financial institution. Excluded from the definition are (i) publicly available information and (ii) any consumer list that is derived without using personally identifiable financial information.

Reference(s) in IAPP Certification Textbooks: F43; US67-68; G99; M36

Acronym(s): NPI

Associated law(s): GLBA

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Non-Repudiation

The ability to ensure that neither the originator nor the receiver in a transaction can dispute the validity of the transaction or access request. An independent verification takes place which allows the sender’s identity to be verified, typically by a third party, and also allows the sender to know that the intended recipient of the message actually received it. Non-repudiation of origin proves that data has been sent and non-repudiation of delivery proves that the data has been received.

Reference(s) in IAPP Certification Textbooks: F94

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Notification (EU)

(Three-fold purpose) The process by which information about data controllers and their personal data processing operations comes to be included in a publicly-accessible register maintained by the relevant national DPA.

Reference(s) in IAPP Certification Textbooks: E163-164

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OECD Guidelines

(1)The Collection Limitation Principle. There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject. (2)The Data Quality Principle. Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date. (3)The Purpose Specification Principle. The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose. (4)The Use Limitation Principle. Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 8 (below) except a) with the consent of the data subject; or b) by the authority of law. (5)The Security Safeguards Principle. Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data. (6)The Openness Principle. There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller. (7)The Individual Participation Principle. An individual should have the right: a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him; b) to have data relating to him communicated to him, within a reasonable time, at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial, and d) to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.(8) The Accountability Principle. A data controller should be accountable for complying with measures which give effect to the principles stated above.

Reference(s) in IAPP Certification Textbooks: F17-18; US13; E7-9; G10-11

Associated term(s): OECD Guidelines Governing the Protection of Privacy and Transborder Data Flows of Personal Data (1980)

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Office of Management and Budget

Under the Privacy Act, the OMB is charged with the responsibility to supervise agencies’ implementation of the act’s provisions. In order to perform this task, the act provides that the director of the OMB shall develop and prescribe guidelines and regulations, as well as provide assistance and oversight of their implementation by agencies.

Reference(s) in IAPP Certification Textbooks: G27

Acronym(s): FCRA

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Office of the Director of National Intelligence

Overseeing the intelligence community is the Office of the Director of National Intelligence.  The IRTPA established the director of National Intelligence as the head of the intelligence community and the principal advisor to the president and the National Security Council.

Reference(s) in IAPP Certification Textbooks: G84

Acronym(s): ODNI

Associated law(s): Intelligence Reform and Terrorism Prevention Act

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OMB Memorandum M-03-22

This memorandum provides agencies with specific implementation guidance for conducting PIAs and developing website privacy policies. It applies to all executive branch agencies and departments, contractors and cross-agency initiatives that use websites or other information technology for interacting with the public. It requires agencies to: conduct PIAs and make them publicly available; post privacy policies on agency websites; translate privacy policies into a standardized machine-readable format; ensure privacy responsibilities are properly executed for information in identifiable form (IIF) processed by information technology; report annually to OMB on Section 208 compliance.

Reference(s) in IAPP Certification Textbooks: G29

Associated law(s): Privacy Act

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Omnibus Laws

Laws in which the government has defined requirements throughout the economy including public-sector, private-sector and health-sector.

Reference(s) in IAPP Certification Textbooks: US16

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Online Behavioral Advertising

Websites or online advertising services that engage in the tracking or analysis of search terms, browser or user profiles, preferences, demographics, online activity, offline activity, location data, etc., and offer advertising based on that tracking.

Reference(s) in IAPP Certification Textbooks: F134; US22, 24; C45-47; E261-264

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Online Privacy Alliance

A coalition composed of numerous online companies and trade associations specifically established to encourage the self-regulation of online privacy. The OPA introduced the Online Privacy Guidelines.

Reference(s) in IAPP Certification Textbooks: C5-6

Acronym(s): OPA

Associated term(s): Self-regulation

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Open Government Directive

When President Obama entered into office he issued a memorandum calling for an unprecedented level of openness in government, which launched the Open Government Initiative.  In December 2009, the Director of the OMB issued the Open Government Directive, which set forth detailed requirements focused on implementing the president’s vision.  The president required the OMB to issue a directive to federal departments and agencies to take certain steps to implement the underlying principles of transparency, participation and collaboration discussed in the president’s memorandum.

Reference(s) in IAPP Certification Textbooks: G70

Associated term(s): OMB

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Openness

A fair information practices principle, it is the principle that there should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available to establish the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.

Reference(s) in IAPP Certification Textbooks: F18, 22; C42-43; E8; M35

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Opinion 1/2003

An Article 29 Working Party opinion on the storage of traffic data for billing purposes that recommends that telecommunications service providers ordinarily store personal traffic data for a maximum period of three to six months, except for disputed cases, where data may be processed for longer.

Reference(s) in IAPP Certification Textbooks: E91

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Opinion 1/2008

An Article 29 Working Party opinion that advises search engine providers to keep data for a maximum period of six months and to provide justifications for such retention periods. Therefore, when search engine providers intend to keep data for longer than six months, the Article 29 Working Party recommends they demonstrate comprehensively that it is strictly necessary for the service.

Reference(s) in IAPP Certification Textbooks: E91

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Opinion 1/2010

A 2010 Article 29 Working Party opinion on the concepts of “controller” and ”processor”’ that provides assistance to organisations operating in the European Union when engaging service providers and when acting as a service provider. The distinction between controller and processor is crucial as it determines who is responsible for compliance with data protection law and dealing with data subjects’ rights, the applicable law and the enforcement actions of data protection authorities.

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Opinion 2/2010

An Article 29 Working Party on online behavioural advertising adopted on 22 June 2010, the Article 29 Working Party states that Article 6(1)(e) requires data to be deleted when it is no longer necessary for the purpose for which the data was collected. Compliance with this principle requires limiting the storage of information. Accordingly, it states that companies must specify and respect express timeframes under which data will be retained. Pursuant to this, information about users’ behaviour has to be eliminated if it is no longer needed for the development of a profile.

Reference(s) in IAPP Certification Textbooks: E91

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Opinion 4/2007

An Article 29 Working Group opinion the concept of personal data, the European Union aimed for a ‘wide notion’ of the concept of personal data so as to include all information concerning an identifiable individual. On that basis, the concept embraces considerable amounts of information, even where the link between such information and an identifiable individual is tenuous.

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Opt-In

One of two central concepts of choice. It means an individual makes an active affirmative indication of choice; i.e., checking a box signaling a desire to share his or her information with third parties.

Reference(s) in IAPP Certification Textbooks: F16; US38-40; C116-117; E136; G171

Associated term(s): Choice; Consent; Opt-Out

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Opt-Out

One of two central concepts of choice. It means that an individual’s lack of action implies that a choice has been made; i.e., unless an individual checks or unchecks a box, his or her information will be shared with third parties.

Reference(s) in IAPP Certification Textbooks: F16; US38-40; C116-117; E136

Associated term(s): Choice; Consent; Opt-In

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Organization for Economic Cooperation and Development

An international organization that promotes policies designed to achieve the highest sustainable economic growth, employment and a rising standard of living in both member and non-member countries, while contributing to the world economy.

Reference(s) in IAPP Certification Textbooks: F17-18; US13, 24; C18; E7; G10-11; M27, 50

Acronym(s): OECD

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Outsourcing

Contracting business processes, such as the processing of personal information, to a third party.

Reference(s) in IAPP Certification Textbooks: C88-89; E287-292

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Paperwork Reduction Act

The PRA concerns information that is created, collected, disclosed, maintained, used, shared, and disseminated by or for the federal government, regardless of whether it is PII.  The primary goal is to calculate and reduce as much as possible the burden of providing information to the government while maintaining the quality of that information. The requirements of the PRA cover collections of information, which may exist in any format, and could include surveys, applications, questionnaires, and reports or any scenario in which 10 or more persons are asked to provide the same information within a 12-month period.

Reference(s) in IAPP Certification Textbooks: G63

Acronym(s): PRA

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Passive Data Collection

Data collection in which information is gathered automatically—often without the end user’s knowledge—as the user navigates from page to page on a website. This is typically accomplished through the use of cookies, web beacons or other types of identification mechanisms.

Reference(s) in IAPP Certification Textbooks: F128

Associated term(s): Observational Study; Cookie; Web Beacons; Active Data Collection

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PCI Data Security Standard

A self-regulatory system that provides an enforceable security standard for payment card data. The rules were drafted by the Payment Card Industry Security Standards Council, which built on previous rules written by the various credit card companies. Except for small companies, compliance with the standard requires hiring a third party to conduct security assessments and detect violations. Failure to comply can lead to exclusion from Visa, MasterCard or other major payment card systems, as well as penalties.

Reference(s) in IAPP Certification Textbooks: F33; US23, 117; M9, 46

Acronym(s): PCI-DSS

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Performance Measurement

The process of formulating or selecting metrics to evaluate implementation, efficiency or effectiveness; gathering data and producing quantifiable output that describes performance.

Reference(s) in IAPP Certification Textbooks: M61-63

Associated term(s): Metrics

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Perimeter Controls

Technologies and processes that are designed to secure an entire network environment by preventing penetration from the outside.

Reference(s) in IAPP Certification Textbooks: F100

Associated term(s): Intrusion Detection Systems (IDS), Intrusion Prevention Systems (IPS), Internet Protocol Security (IPSEC), Secure Sockets Layer (SSL)

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Personal Data

Any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly—in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Reference(s) in IAPP Certification Textbooks: F4-7, 39

Associated term(s): Personal Information; Personally Identifying Information; Personally Identifiable Information

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Personal Information

May refer to either a generic term for information, or an EU term for such information. In the U.S., such information may be referred to as Personally Identifiable Information

Reference(s) in IAPP Certification Textbooks: F4-7, 39; G4-5; M36

Acronym(s): PI

Associated term(s): Personal Data; Personally Identifying Information; Personally Identifiable Information

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Personal Information Protection and Electronic Documents Act

A Canadian act with two goals: (1) to instill trust in electronic commerce and private sector transactions for citizens, and (2) to establish a level playing field where the same marketplace rules apply to all businesses.

Reference(s) in IAPP Certification Textbooks: F48-49; C23-31; M27

Acronym(s): PIPEDA

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Phishing

E-mails or other communications that are designed to trick a user into believing that he or she should provide a password, account number or other information. The user then typically provides that information to a website controlled by the attacker. “Spear phishing” is a phishing attack that is tailored to the individual user, such as when an e-mail appears to be from the user’s boss, instructing the user to provide information.

Reference(s) in IAPP Certification Textbooks: F119, 132

Associated term(s): Spear Phishing; Social Engineering

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PIA Triggers

These events constitute triggers for an organization to conduct a privacy impact assessment: Conversion of records from paper-based to electronic form; Conversion of information from anonymous to identifiable form; System management changes involving significant new uses and/or application of new technologies; Significant merging, matching or other manipulation of multiple databases containing PII; Application of user-authenticating technology to a system accessed by members of the public; Incorporation into existing databases of PII obtained from commercial or public sources; Significant new inter-agency exchanges or uses of PII; Alteration of a business process resulting in significant new collection, use and/or disclosure of PII; Alteration of the character of PII due to the addition of qualitatively new types of PII.

Reference(s) in IAPP Certification Textbooks: G32

Associated law(s): FISMA

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Platform for Privacy Preferences

A machine-readable language that helps to express a website’s data management practices in an automated fashion.

Reference(s) in IAPP Certification Textbooks: M30, 51

Acronym(s): P3P

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Policy Framework

The repository of all an organization’s rules for confidentiality and security. It is the natural reference point for anyone who wants to understand an organization’s position.

Reference(s) in IAPP Certification Textbooks: E151-153

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Polygraph

A device used for the purpose of rendering a diagnostic opinion regarding an individual’s honesty.

Associated term(s): Lie Detector

Associated law(s): Employee Polygraph Protection Act of 1988 (EPPA)

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POST Method

The GET and POST HTML method attributes specify how form data is sent to a web page. The POST method is more secure than GET as the GET method appends the form data to the URL allowing passwords and other sensitive information collected in a form to be visible in the browser’s address bar.

Associated term(s): GET Method

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Postal Marketing

Direct marketing to postal addresses. Data controllers must also ensure that they satisfy the general compliance requirements of the Data Processing Directive when processing individuals’ personal data to send postal marketing, including the transparency requirement and the lawful processing requirement. Because postal marketing is not digital, it is not subject to the requirements of the e-Privacy Directive.

Reference(s) in IAPP Certification Textbooks: E253

Associated term(s): Direct Marketing

Associated law(s): Data Processing Directive

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Preemption

A superior government’s ability to have its law(s) supersede those of an inferior government. For example, the U.S. federal government has mandated that no state government can regulate consumer credit reporting.

Reference(s) in IAPP Certification Textbooks: US6

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Prior Authorisation

Some data processing operations may present specific risks to the rights and freedoms of data subjects and thus require ‘prior checking’ and approval from the national Data Protection Authority (DPA) before the data processing activity can commence. Such prior checking is carried out by the DPA following receipt of a notification from the data controller or data protection official.

Reference(s) in IAPP Certification Textbooks: E167

Associated term(s): Notification; Data Protection Authority

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Privacy Act Exceptions

Among the exception to the Privacy Act of 1972 are: (1) Performance of regular duties of an agency employee; (2) FOIA disclosures; (3) Routine uses as specified in the applicable SORN; (4) Census Bureau census or survey functions; (5) Statistical research if not individually identifiable(6) Data held by the National Archives; (7) Law enforcement activity; (8) Compelling health or safety circumstances; (9) Congressional committee with appropriate jurisdiction; (10) GAO duties; (11) Court order, and (12) Consumer reporting agencies;

Reference(s) in IAPP Certification Textbooks: G22-23

Associated term(s): The Privacy Act of 1972

Associated law(s): The Privacy Act of 1972

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Privacy Act of 1974, The

A U.S. law that regulates the federal government’s use of computerized databases of information about U.S. citizens and permanent legal residents. It also establishes fair information practices that each agency must follow when collecting, using or disclosing personal information, including rights of citizen action and redress for violations. It guarantees that U.S. citizens and lawful permanent residents have: (1) the right to see records about themselves that are maintained by the federal government (provided that information is not subject to one or more of the Privacy Act's exemptions); (2) the right to amend inaccurate, irrelevant, untimely or incomplete records; and (3) the right to sue the government for failure to comply with its requirements. It also contains fair information practices that: (1) require that information about a person be collected from that person to the greatest extent practicable; (2) require agencies to ensure that their records are relevant, accurate, timely and complete, and (3) prohibit agencies from maintaining information describing how an individual exercises his or her First Amendment rights (unless the individual consents to it, it is permitted by statute or is within the scope of an authorized law enforcement investigation).

Reference(s) in IAPP Certification Textbooks: F43-44, 70; US13; G17-28

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Privacy Act, The (Canadian)

Enacted in 1983, the Act sets out rules for how institutions of the federal government must deal with personal information of individuals. It has been revised by many minor amendments, but remains substantially unaltered.

Reference(s) in IAPP Certification Textbooks: C67

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Privacy Assessment

An assessment of an organization’s compliance with its privacy policies and procedures, applicable laws, regulations, service-level agreements, standards adopted by the entity and other contracts. The assessment or audit measures how closely the organization’s practices align with its legal obligations and stated practices and may rely on subjective information such as employee interviews/questionnaires and complaints received, or objective standards, such as information system logs or training and awareness attendance and test scores. Audits and assessments may be conducted internally by an audit function or by external third parties. It is also common in some jurisdictions for the privacy/data protection officer to conduct assessments. The results of the assessment or audit are documented for management sign-off, and analyzed to develop recommendations for improvement and a remediation plan. Resolution of the issues and vulnerabilities noted are then monitored to ensure appropriate corrective action is taken on a timely basis. While assessments and audits may be conducted on a regular or scheduled basis, they may also arise ad hoc as the result of a privacy or security event or due to a request from an enforcement authority.

Reference(s) in IAPP Certification Textbooks: F14

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Privacy Breach (Canadian)

A privacy breach occurs when there is unauthorized access, collection, use or disclosure of personal information. Such activity is “unauthorized” if it occurs in contravention of applicable privacy legislation, such as PIPEDA or similar provincial privacy legislation.

Reference(s) in IAPP Certification Textbooks: C137

Associated term(s): Data Breach, Privacy Breach Response (Canadian)

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Privacy Breach Response (Canadian)

The guidelines for privacy breach responses were drafted in 2007 and consist of four steps: (1) Containment of the breach and preliminary assessment; (2) evaluating the associated risks; (3) notifying affected parties; (4) taking adequate steps to prevent future breaches.

Reference(s) in IAPP Certification Textbooks: C60, 138

Associated term(s): Data Breach, Privacy Breach (Canadian)

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Privacy by Design

The concept that organizations need to build privacy directly into technology, systems and practices at the design phase, thereby ensuring the existence of privacy from the outset. Originating in the mid-1990s by the Information and Privacy Commissioner of Ontario, the principle has gained recognition around the globe, including from the U.S. Federal Trade Commission and the European Commission. Privacy by Design consists of seven foundational principles: (1) Proactive not Reactive; Preventative not Remedial. Privacy by Design anticipates and prevents privacy invasive events before they happen, rather than waiting for privacy risks to materialize; (2) Privacy as the Default Setting. No action is required by individuals to maintain their privacy; it is built into the system by default. This concept has been introduced in the European Commission’s draft regulation to reform data protection. (3) Privacy Embedded into Design. Privacy is an essential component of the core functionality being designed and delivered. The FTC has adopted this principle in its proposed consumer privacy framework, calling for companies to promote consumer privacy throughout the organization and at every stage of product development. (4) Full Functionality—Positive-Sum, not Zero-Sum: Privacy by Design seeks to accommodate all legitimate interests and objectives, rather than making unnecessary trade-offs. (5) End-to-End Security—Full Lifecycle Protection. Strong security measures are essential to privacy, from start to finish of the lifecycle of data. This is another principle the FTC has adopted in its proposed consumer privacy framework.

Reference(s) in IAPP Certification Textbooks: F14-15, 128; US21; M88-90, 121-122

Acronym(s): PbD

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Privacy Champion

An executive who serves as the privacy program sponsor and acts as an advocate to further foster privacy as a core organization concept.

Reference(s) in IAPP Certification Textbooks: M12

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Privacy Commissioner of Canada

The individual who is mandated by PIPEDA to enforce the act. The commissioner has broad power to examine documents, but some documents may be shielded by solicitor-client privilege. The commissioner conducts investigations under a cloak of confidentiality, but public reports with non-binding recommendations are ultimately issued. This individual is mandated by PIPEDA to enforce PIPEDA. Aggrieved individuals also have a right to complain to the commissioner.

Reference(s) in IAPP Certification Textbooks: C30

Associated law(s): PIPEDA

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Privacy Impact Assessment

“An analysis of how information is handled: (i) to ensure handling conforms to applicable legal, regulatory and policy requirements regarding privacy; (ii) to determine the risks and effects of collecting, maintaining and disseminating information in identifiable form in an electronic information system, and (iii) to examine and evaluate protections and alternative processes for handling information to mitigate potential privacy risks.” PIAs should disclose what PII is being collected, why it is being collected, what the intended uses of the PII are, whom the PII will be shared with, what opportunities individuals will have to opt-out of PII collection or use, how the PII will be secured, whether a system of records is being created under the Privacy Act and an analysis of the information life cycle. Checklists or tools used to ensure that the system used to collect personal information is evaluated for privacy risks, designed with lifecycle principles in mind and made to ensure that effective and required privacy protection measures are used. A PIA should be completed pre-implementation of the privacy project, product, or service and should be ongoing through its deployment. The PIA should identify these attributes of the data collected: what information is collected; why it is collected; the intended use of the information; with whom the information is shared, and the consent and choice rights of the data subjects. The PIA should be used to assess new systems, significant changes to existing systems, operational policies and procedures and intended use of the information. PIAs should also be used before, during, and after mergers and acquisitions. An effective PIA evaluates the sufficiency of privacy practices and policies with respect to existing legal, regulatory and industry standards, and maintains consistency between policy and operational practices.

Reference(s) in IAPP Certification Textbooks: F14; G31; M123-125

Acronym(s): PIAs

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Privacy Impact Assessments (Canadian)

The Canadian government requires all government institutions subject to the Privacy Act to conduct these assessments. The purpose behind a PIA is to evaluate whether program and service delivery initiatives that involve the collection, use or disclosure of personal information are in compliance with statutory obligations.

Acronym(s): PIAs

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Privacy Maturity Model

Provides a standardized reference for companies to use in assessing the level of maturity of their privacy programs.

Reference(s) in IAPP Certification Textbooks: M86-88

Acronym(s): PMM

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Privacy Notice

A statement made to a data subject that describes how the organization collects, uses, retains and discloses personal information. A privacy notice is sometimes referred to as a privacy statement, a fair processing statement or sometimes a privacy policy. Special privacy notices are also mandated by specific laws such a GLBA and COPPA in the united states.

Reference(s) in IAPP Certification Textbooks: F16; US16-18, 37; G95-97, 100

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Privacy of the Person

Protects bodily integrity, and in particular the right not to have our bodies touched or explored to disclose objects or matters we wish to conceal.

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Privacy Officer

An official responsible for the coordination and implementation of all privacy and confidentiality efforts within a government department or component. This official may be statutorily mandated, as in the Department of Homeland Security, or appointed by a department or component to handle privacy and other related matters.

Reference(s) in IAPP Certification Textbooks: G3-4, 40

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Privacy Operational Life Cycle

Focused on refining and improving privacy processes, this model continuously monitors and improves the privacy program, with the added benefits of a life cycle approach to measure (assess), improve (protect), evaluate (sustain) and support (respond), and then start again.

Reference(s) in IAPP Certification Textbooks: M28, 83

Associated term(s): Assess; Protect; Sustain; Respond

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Privacy Policy

An internal statement that governs an organization or entity’s handling practices of personal information. It is directed at the users of the personal information. A privacy policy instructs employees on the collection and the use of the data, as well as any specific rights the data subjects may have.

Reference(s) in IAPP Certification Textbooks: F11; US16-18; G134-136

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Privacy Policy in Standardized Machine-Readable Format

Defined by the U.S. Office of Management and Budget Memorandum M-03-22, “[a] statement about site privacy practices written in a standard computer language (not English text) that can be read automatically by a web browser.”

Reference(s) in IAPP Certification Textbooks: G29

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Privacy Program Framework

An implementation roadmap that provides the structure or checklists (documented privacy procedures and processes) to guide the privacy professional through privacy management and prompts them for the details to determine all privacy-relevant decisions for the organization.

Reference(s) in IAPP Certification Textbooks: M25-28

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Privacy Rule, The

Under HIPAA, this rule establishes U.S. national standards to protect individuals’ medical records and other personal health information and applies to health plans, healthcare clearinghouses and those healthcare providers that conduct certain healthcare transactions electronically. The rule requires appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The rule also gives patients’ rights over their health information, including rights to examine and obtain a copy of their health records and to request corrections.

Reference(s) in IAPP Certification Textbooks: US47-50, 134; G90-91

Associated law(s): HIPAA

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Privacy Threshold Analysis

One tool used to determine whether a PIA should be conducted.

Reference(s) in IAPP Certification Textbooks: M123

Acronym(s): PTA

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Privacy-Enhancing Technologies

Privacy technology standards developed solely to be used for the transmission, storage and use of privacy data. Examples include Platform for Privacy Preferences (P3P) and Enterprise Privacy Authorization Language (EPAL).

Reference(s) in IAPP Certification Textbooks: M30, 51, 128-129

Acronym(s): PETs

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Private Right of Action

Unless otherwise restricted by law, any individual that is harmed by a violation of the law can file a lawsuit against the violator.

Associated term(s): Negligence

Reference(s) in IAPP Certification Textbooks: US6

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Professional Regulatory Body

A body enacted pursuant to an act under which a professional or occupational group or discipline is organized and that provides for the membership in the regulation of the members of the professional or occupation group or discipline, including the registration, competence, conduct, practice and discipline of its members.

Reference(s) in IAPP Certification Textbooks: C34

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Proportionality

Article 6(1)(c) of the Directive sets out the principle of proportionality: Member States shall provide that personal data must be: (c) adequate, relevant and not excessive in relation to the purposes for which they are collected and/ or further processed. Applying the principle of proportionality entails a two-part assessment: (1) whether the means employed by the processing to be evaluated are suitable and reasonably likely to achieve the stated objectives; and (2) whether the adverse consequences that the processing has on an interest worthy of legal protection are justified in view of the importance of the objective pursued.

Reference(s) in IAPP Certification Textbooks: E87-89

Associated law(s): Data Protection Directive

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Protect

The second of four phases of the privacy operational life cycle. It provides the data life cycle, information security practices and Privacy by Design principles to “protect” personal information.

Reference(s) in IAPP Certification Textbooks: M105

Associated term(s): Privacy Operational Life Cycle; Assess; Sustain; Respond

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Protected Health Information

Any individually identifiable health information transmitted or maintained in any form or medium that is held by a covered entity or its business associate; identifies the individual or offers a reasonable basis for identification; is created or received by a covered entity or an employer, and relates to a past, present or future physical or mental condition, provision of healthcare or payment for healthcare to that individual.

Reference(s) in IAPP Certification Textbooks: US46; G91; M37

Acronym(s): PHI

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Protective Order

With a protective order, a judge determines what information should not be made public and what conditions apply to who may access the protected information.

Reference(s) in IAPP Certification Textbooks: US128-130

Associated term(s): Redaction

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Public Key Infrastructure

A system of digital certificates, authorities and other registration entities that verifies the authenticity of each party involved in an electronic transaction through the use of cryptography.

Reference(s) in IAPP Certification Textbooks: F96-97

Acronym(s): PKI

Associated term(s): Cryptography

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Public Law Enforcement Authorities

A body sanctioned by local, regional or national government to enforce laws and apprehend those who break them. In Europe, public law enforcement authorities are governed by strict rules of criminal procedure designed to protect the fundamental human right to privacy enshrined in Article 8 of the European Convention on Human Rights (ECHR).

Reference(s) in IAPP Certification Textbooks: E227

Associated term(s): Law Enforcement Authority

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Public Records

Information collected and maintained by a government entity and available to the general public.

Reference(s) in IAPP Certification Textbooks: F7, 71

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Publicity Given to Private Life

A common law tort that states: “One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person and (b) is not of legitimate concern to the public.” (Restatement (Second) of Torts § 652D)

Reference(s) in IAPP Certification Textbooks: US154-155

Associated term(s): Common Law

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Publicly Available Information

Information that is generally available to a wide range of persons. Some traditional examples include names and addresses in telephone books and information published in newspapers or other public media. Today, search engines are a major source of publicly available information.

Reference(s) in IAPP Certification Textbooks: F7

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Purpose Limitation

This principle imposes limits on the processing of data for purposes other than those for which it was obtained.

Reference(s) in IAPP Certification Textbooks: E81

Associated term(s): Principle of Finality

Associated law(s): Data Protection Directive

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Purpose Specification

A fair information practices principle, it is the principle stating that the purposes for which personal data are collected should be specified no later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.

Reference(s) in IAPP Certification Textbooks: F18, 22; E20, 253; M35

Associated term(s): FIPs

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Qualified Protective Order

Requires that the parties are prohibited from using or disclosing the Personal Healthcare Information (PHI) for any purpose other than the litigation and that the PHI will be returned or destroyed at the end of the litigation.

Reference(s) in IAPP Certification Textbooks: US134, 136

Acronym(s): QPO

Associated law(s): HIPAA

Associated terms: PHI

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Radio-Frequency Identification

Technologies that use radio waves to identify people or objects carrying encoded microchips.

Acronym(s): RFID

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Random Testing

Substance testing sometimes required by law, prohibited in certain jurisdictions, but acceptable where used on existing employees in specific, narrowly defined jobs, such as those in highly regulated industries where the employee has a severely diminished expectation of privacy or where testing is critical to public safety or national security.

Reference(s) in IAPP Certification Textbooks: US166

Associated term(s): Substance Testing

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REAL ID Act

The REAL ID Act of 2005 is a nationwide effort intended to prevent terrorism, reduce fraud and improve the reliability and accuracy of identification documents issued by U.S. state governments. The act has many varying provisions, but the one generating the most interest and controversy concerns the establishment and implementation of national standards for state-issued driver’s licenses and non-driver ID cards. On January 11, 2008, the U.S. Department of Homeland Security issued a final rule establishing the minimum-security standards for state-issued identification cards. The new standards purportedly enhance the card’s integrity and reliability, strengthen issuance capabilities, increase security at card-production facilities and reduce state implementation costs.

Reference(s) in IAPP Certification Textbooks: G111

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Reasonable Suspicion

A determining factor in substance testing where testing is allowed as a condition of continued employment if there is “reasonable suspicion” of drug or alcohol use based on specific facts as well as rational inferences from those facts; i.e., appearance, behavior, speech, odors.

Reference(s) in IAPP Certification Textbooks: US164-166

Associated term(s): Substance Testing

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Rectification

Closely intertwined with access, rectification is the right or ability of a data subject to correct erroneous information that is stored about them. The right is provided by the EU Data Protection Directive and the American Fair Credit Reporting Act, among other laws.

Reference(s) in IAPP Certification Textbooks: E90, 132-133

Associated term(s): Access

Associated law(s): Data Protection Directive; FCRA

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Redaction

The practice of identifying and removing or blocking information from documents being produced pursuant to a discovery request or as evidence in a court proceeding. Specifically, attorneys are required to redact documents so that no more than the following information is included in court filings: (1) The last four digits of the Social Security number and taxpayer-identification number; (2) the year of the individual’s birth; (3) if the individual is a minor, only the minor’s initials, and (4) the last four digits of the financial account number.

Reference(s) in IAPP Certification Textbooks: US134-135

Associated term(s): Protective Orders

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Reidentification

The process of using publicly available information to re-associate personally identifying information with data that has been anonymized.

Reference(s) in IAPP Certification Textbooks: G71-72, 91, 165-166

Associated term(s): Deidentification; anonymization

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Respond

The fourth of four phases of the privacy operational life cycle. It includes the respond principles of information requests, legal compliance, incident-response planning and incident handling. The “respond” phase aims to reduce organizational risk and bolster compliance to regulations.

Reference(s) in IAPP Certification Textbooks: M153

Associated term(s): Privacy Operational Life Cycle; Assess; Protect; Sustain

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Retention

Within the information lifecycle the concept that organizations should retain personal information only as long as necessary to fulfill the stated purpose.

Reference(s) in IAPP Certification Textbooks: F16; G22

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Return on Investment

An indicator used to measure the financial gain/loss (or “value”) of a project in relation to its cost.  Privacy ROI defines metrics to measure the effectiveness of investments to protect investments in assets.

Reference(s) in IAPP Certification Textbooks: M77

Acronym(s): ROI

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Right Not To Be Subject to Fully Automated Decisions

Under Article 15 of the Data Protection Directive, individuals are entitled to object to being subject to fully automated decisions. The right, however, does not allow an individual to object to automated processing that then leads to a human decision.

Reference(s) in IAPP Certification Textbooks: E137

Associated law(s): Data Protection Directive

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Right of Access

Generally, the right of individuals to obtain data about themselves from data controllers upon request. The right is accorded under Article 12 of the Data Protection Directive, although member states are afforded some latitude to implement the rule. In Canada, the right is provided by PIPEDA. In the U.S., The Privacy Act provides only U.S. Citizens and lawful permanent residents right of access to their own records, whereas FOIA provides a general right of access to agency records for any requester seeking access to such records.

Reference(s) in IAPP Certification Textbooks: C76-77; E126; G28

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Right To Be Forgotten

A proposed right within the EU, with origins in French law, for individuals to remove information that they had given out about themselves. Proposed penalties for violations of the right could amount to up to two percent of a company's global income.

Associated term(s): le droit à l’oubli; right of oblivion

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Right To Correct

The right for individuals to correct or amend information about themselves that is inaccurate.

Reference(s) in IAPP Certification Textbooks: C101

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Right to Financial Privacy Act of 1978

Governs the release of customer financial information to federal government authorities. The act defines both the circumstances under which a financial institution can volunteer information about customers’ financial records to federal government authorities and the applicable procedures and requirements to follow when the federal government is requesting customers’ financial information.

Reference(s) in IAPP Certification Textbooks: G107-108

Acronym(s): RFPA

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Right to Object

A data subject’s ability to object to processing activities. The right to object is specifically defined in the EU Data Protection Directive, Article 14 and refers to two separate rights: A general right to object and a right to object to direct marketing.

Reference(s) in IAPP Certification Textbooks: E133-136

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Right to Privacy, The

An 1890 law review article by Louis Brandeis and Samuel Warren arguing that privacy is the right to be left alone, and that the violation of this right should give rise to a tort.

Reference(s) in IAPP Certification Textbooks: F1

Associated term(s): Right to be left alone

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Right to Rectification, Erasure or Blocking

The right of subjects under the Data Processing Directive to request that a data processor remedy errors in data kept in regard to them.

Reference(s) in IAPP Certification Textbooks: E132-133

Associated term(s): Rectification; Erasure; Blocking

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Risk Assessment Factors

The following constitute risk assessment factors: Number of breaches; number of outages; unauthorized access; lost assets; software viruses; investigations.

Reference(s) in IAPP Certification Textbooks: F80-81

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Role-Based Access Controls

Access policies that espouse the view that no employee should have greater information access than is necessary to capably perform his or her job function.

Reference(s) in IAPP Certification Textbooks: F94

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Safe Harbor

The European Commission’s (EC) Directive on Data Protection (EC/46/95) prohibits the transfer of personal data to non-European Union nations that do not meet the European “adequacy” standard for privacy protection. While the U.S. and the European Union (EU) share the goal of privacy protection, the U.S. uses a sectoral approach that relies on a mix of legislation, regulation and self-regulation, while the EU relies on comprehensive legislation that requires creation of government data protection agencies, registration of databases with those agencies and, in some instances, approval before personal data processing may begin. As a result of these different privacy approaches, the directive could have significantly hampered the ability of U.S. companies to engage in many trans-Atlantic transactions. In order to bridge these different privacy approaches and provide a streamlined means for U.S. organizations to comply with the directive, the U.S. Department of Commerce and the EC developed a “Safe Harbor” framework. The Safe Harbor—approved by the EU in 2001—is an important way for U.S. companies to avoid interruptions in business dealings with the EU or prosecution by European authorities under European privacy laws. Certifying to the Safe Harbor assures that EU organizations know a non-EU-based company provides adequate privacy protection, as defined by the directive. From a U.S. perspective, Safe Harbor is a self-regulatory regime that is only available to companies subject to the enforcement authority of the U.S. Federal Trade Commission or the U.S. Department of Transportation. Companies that are outside the jurisdiction of these two agencies are not eligible to join Safe Harbor.

Reference(s) in IAPP Certification Textbooks: E178-180

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Sarbanes-Oxley Act

An example of a U.S. whistle-blower law, companies regulated by the law must establish a way for the company to confidentially receive and deal with complaints about actual or potential fraud from misappropriation of assets and/or material misstatements in financial reporting.

Reference(s) in IAPP Certification Textbooks: US159; E222-223

Acronym(s): SOX

Related term(s): Whistle-Blowing

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Seal Programs

Programs that require participants to abide by codes of information practices and submit to monitoring to ensure compliance. In return, companies that abide by the terms of the seal program are allowed to display the programs seal on their website.

Reference(s) in IAPP Certification Textbooks: F33-34; US24; C5

Associated term(s): Self-regulatory Model, WebTrust

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Secret Key

“A cryptographic key used with a secret key cryptographic algorithm, uniquely associated with one or more entities and which shall not be made public. The use of the term ’secret’ in this context does not imply a classification level, rather the term implies the need to protect the key from disclosure or substitution.” (Federal Information Processing Standards Publication 140-1, Security Requirements for Cryptographic Modules)

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Section 208 of the E-Government Act

Section 208 requires agency website privacy policies to include the following information: what information is to be collected through use of the website; why the information is being collected; the intended use by the agency of the information; with whom the information will be shared; what notices or opportunities for consent will be provided; how the information will be secured; the rights of individuals under the Privacy Act and other privacy laws.

Reference(s) in IAPP Certification Textbooks: G36

Associated term(s): E-Government Act

Associated law(s): E-Government Act

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Sectoral Laws/Model

Laws that exist only in areas where the legislative body has found a particular need.

Reference(s) in IAPP Certification Textbooks: F32, 41-44; C5

Related term(s) Comprehensive Laws, Co-regulatory Model, Self-regulatory Model, Technology Based Model

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Secure Sockets Layer

A protocol for establishing a secure connection for transmission that facilitates much of the online commerce that occurs on the Internet today. For example, HTTPS, a secure form of HTTP, is an SSL application used in password exchanges or e-commerce. “The primary goal of the SSL protocol is to provide privacy and reliability between two communicating applications.” The protocol has three main properties: (1) The connection is private; (2) the peer’s identity can be authenticated using asymmetric, or public key, cryptography, and (3) the connection is reliable.

Reference(s) in IAPP Certification Textbooks: F118, 124-125

Acronym(s): SSL

Related term(s): HTTP, HTTPS, TLS

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Security Safeguards

A fair information practices principle, it is the principle that personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data.

Reference(s) in IAPP Certification Textbooks: F18, 21; G10; M35

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Sedona Conference

An important source of standards and best practices for managing electronic discovery compliance through data retention policies. Regarding e-mail retention, the Sedona Conference offers four key guidelines: (1) E-mail retention policies should be administered by interdisciplinary teams composed of participants across a diverse array of business units; (2) such teams should continually develop their understanding of the policies and practices in place and identify the gaps between policy and practice; (3) interdisciplinary teams should reach consensus as to policies while looking to industry standards; (4) technical solutions should meet and parallel the functional requirements of the organization.

Reference(s) in IAPP Certification Textbooks: US135

Associated term(s): Data retention, e-Discovery

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Self-Regulation Model, The

Self-regulation refers to stakeholder-based models for ensuring privacy. The term “self-regulation” can refer to any or all of three pieces: legislation, enforcement and adjudication. Legislation refers to question of who defines privacy rules. For self-regulation, this typically occurs through the privacy policy of a company or other entity, or by an industry association. Enforcement refers to the question of who should initiate enforcement action. Actions may be brought by data protection authorities, other government agencies, industry code enforcement or, in some cases, the affected individuals. Finally, adjudication refers to the question of who should decide whether an organization has violated a privacy rule. The decision maker can be an industry association, a government agency or a judicial officer. These examples illustrate that the term “self-regulation” covers a broad range of institutional arrangements. For a clear understanding of data privacy responsibilities, privacy professionals should consider who defines the requirements, which organization brings enforcement action and who actually makes the judicial decisions.

Reference(s) in IAPP Certification Textbooks: F30, 33-34; US7; C5-6

Associated term(s): Comprehensive Laws, Co-regulatory Model, Online Privacy Alliance, Sectoral Laws, Seal Programs, Technology Based Model

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Semayne’s Case

A case recognized as establishing the "knock-and-announce rule," an important concept relating to privacy in one's home and Fourth Amendment search and seizure jurisprudence.

Reference(s) in IAPP Certification Textbooks: C2

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Senate (Canadian)

One of two chambers of the Canadian Parliament, along with the House of Commons. Unlike the House of Commons, whose members are elected, the Senate is appointed by the governor in council based upon the recommendations of the prime minister.

Reference(s) in IAPP Certification Textbooks: C7

Associated term(s): Canadian Parliament, House of Commons

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Senior Agency Official for Privacy

Under OMB Memorandum M-05-08, each executive agency should identify the senior official who has agency-wide responsibility for information privacy. The agency’s chief information officer (CIO) may perform this role, or it may be performed by another senior official at the assistant secretary or equivalent level. Agencies are also advised that the official given this role should have the authority to address information privacy policy issues at a national and agency-wide level. The official has overall responsibility and accountability for ensuring the agency’s implementation of information privacy protections, including full compliance with federal laws, regulations and policies relating to information security, such as the Privacy Act.

Reference(s) in IAPP Certification Textbooks: G3, 44-45

Acronym(s): SAOP

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Sensitive Personal Information

That which is more significantly related to the notion of a reasonable expectation of privacy. One’s medical or financial information is often considered sensitive personal information(SPI), but other types of personal information might be as well.

Acronym(s): SPI

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Six Major European Union Institutions, The

The European Parliament, the European Council, the European Commission, the Court of Justice of the European Union, the European Central Bank and the Court of Auditors.

Reference(s) in IAPP Certification Textbooks: E19-20

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Smart Grid

An energy system that manages electricity consumption through continuous monitoring, remote computerization and automation. The traditional electric transmission system required physically sending workers into the field to periodically read customer meters and find where problems existed in the grid. Smart grid operators; however, can remotely monitor and control the use of electricity to each home or business.

Reference(s) in IAPP Certification Textbooks: F73-74; US13

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Social Engineering

A general term for how attackers can try to persuade a user to provide information or create some other sort of security vulnerability.

Reference(s) in IAPP Certification Textbooks: F119-120; M170-171

Associated term(s): Phishing

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SPAM

Unsolicited commercial e-mail.

Reference(s) in IAPP Certification Textbooks: F131-132; C128; E42-43, 265

Associated law(s): CASL; CAN-SPAM Act

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Special Categories of Data

An EU term describing sensitive personal information, namely information pertaining to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership and the processing of data concerning health or sex life.

Reference(s) in IAPP Certification Textbooks: F5; E100

Associated term(s): Sensitive Personal Data

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Stakeholders

Individual executives within an organization who lead and “own” the responsibility of privacy activities.

Reference(s) in IAPP Certification Textbooks: M12

 

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Standard Model Clauses

Contractual agreements defined by the EU and Article 29 Working Party for the purpose of meeting the adequacy standards defined under the EU Data Protection Directive. Standard model clauses contain extensive data protection commitments and company liability requirements.

Reference(s) in IAPP Certification Textbooks: F37; E293-294

Acronym(s): SMCs

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Stored Communications Act

The Stored Communications Act (SCA) was enacted as part of Electronic Communications Privacy Act in 1986. It generally prohibits the unauthorized acquisition, alteration or blocking of electronic communications while in electronic storage in a facility through which an electronic communications service is provided.

Reference(s) in IAPP Certification Textbooks: US143, 169

Acronym(s): SCA

Associated law(s): The Electronic Communications Privacy Act of 1986 (ECPA)

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Strategic Management

The first high-level task necessary to implementing proactive privacy management through three subtasks:  Define your organization’s privacy vision and privacy mission statements; develop privacy strategy; and structure your privacy team.

Reference(s) in IAPP Certification Textbooks: M4

 

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Subpoena

A written court order issued in an administrative, civil or criminal action that requires the person named in the subpoena to appear in court in order to testify under oath on a particular matter which is the subject of an investigation, proceeding or lawsuit. A subpoena may also require the production of a paper, document or other object relevant to an investigation, proceeding or lawsuit that discloses personal information.

Reference(s) in IAPP Certification Textbooks: G86, 101, 107

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Substance Testing

A screening to identify drug use. Substance testing can be used in a variety of settings such as preemployment, reasonable suspicion, routine testing, post-accident testing or randomly.

Reference(s) in IAPP Certification Textbooks: US165-166

Associated terms(s): Americans with Disabilities Act, Random Testing, Reasonable Suspicion

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Substitute Notice

Most legislation recognizes that data breach notifications involving thousands of impacted data subjects could place an undue financial burden on the organization and therefore allow substitute notification methods. In Connecticut, for example, “Substitute notice shall consist of the following: (A) Electronic mail notice when the person, business or agency has an electronic mail address for the affected persons; (B) conspicuous posting of the notice on the website of the person, business or agency if the person maintains one, and (C) notification to major state-wide media, including newspapers, radio and television.”

Reference(s) in IAPP Certification Textbooks: US123

Associated term(s): Data Breach

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Sustain

The third of four phases of the privacy operational life cycle. It provides privacy management through the monitoring, auditing, and communication aspects of the management framework.

Reference(s) in IAPP Certification Textbooks: M127

Associated term(s): Privacy Operational Life Cycle; Assess; Protect; Respond

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Syndicated Content

Content that is not actually created by the host site, but is developed, purchased or licensed from a third party. A concern associated with this content is that it can contain malicious code that is then unwittingly incorporated into the organization’s own website source code. For example, cross-site scripting (XSS) attacks attempt to take advantage of the trust that users have for a given site.

Reference(s) in IAPP Certification Textbooks: F129

Associated term(s): XSS

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System of Records Notice

A notice required when a federal agency creates, modifies or destroys a system of records. When the agency collects and stores Personally Identifiable Information in records, the agency is required to establish the statutory need for the collection, disclose the collection, describe its contents and declare the routine uses for that agency or any other agency that will use the information. This disclosure must be made to the Office of Management and Budget and Congress and must be published in the Federal Register in advance of the system becoming operational.

Reference(s) in IAPP Certification Textbooks: G20-21

Acronym(s): SORN

Associated law(s): Privacy Act, The

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Technology-Based Model

The technology-based model for data protection utilizes technological security measures to protect individuals’ personal data. While it is commonplace for companies to utilize technology to protect data, developments in commercially available hardware and software have enabled consumers to establish privacy protections for their own online activity.

Reference(s) in IAPP Certification Textbooks: F34; C6-7

Associated term(s): Comprehensive Laws, Co-regulatory Model, Sectoral Laws, Self-Regulatory Model

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Territorial Privacy

One of the four classes of privacy, along with information privacy, bodily privacy and communications privacy. It is concerned with placing limitations on the ability of one to intrude into another individual’s environment. Environment is not limited to the home; it may be defined as the workplace or public space and environmental considerations can be extended to an international level. Invasion into an individual’s territorial privacy typically comes in the form of video surveillance, ID checks and use of similar technology and procedures.

Reference(s) in IAPP Certification Textbooks: F2; C2

Associated term(s): Home Privacy

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The Data Quality Act

In light of the increased use of the Internet by federal agencies as an easy, inexpensive and expedient way to disseminate information to the public, Congress passed the Data Quality Act of 2000.  This act was designed to ensure the quality of information released by federal agencies.  The DQA’s impact on individual privacy is limited and indirect, as its principal focus is on the quality, and not the confidentiality, of information intended for publication.  That said, DQA data quality procedures overlap with the data quality and integrity requirements of the Privacy Act when an agency collects, generates or uses individual-level data in an agency system of records to prepare or support published studies or research covered by the DQA.

Reference(s) in IAPP Certification Textbooks: G65

Acronym(s): DQA

Associated term(s): Terms

Associated law(s): Privacy Act

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The Protect America Act

The PAA restored FISA to its original focus of protecting the rights of persons in the United States, while not acting as an obstacle to gathering foreign intelligence on targets located in foreign countries.  The act also modernized FISA in four important ways: It clarifies FISA’s definition of electronic surveillance; It provides a role for the FISA court in reviewing the procedures the intelligence community uses to ensure that collection remains direct at persons located overseas; It provides a mechanism for the FISA court to direct third parties to assist the intelligence community in its collection efforts, and; it protects third parties from private lawsuits arising from assistance they provide the government in authorized foreign intelligence activities targeting individuals located outside the United States.

Reference(s) in IAPP Certification Textbooks: G106

Acronym(s): PAA

Associated term(s): FISA

Associated law(s): FISA

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Traffic Data

This refers to any data processed for the purpose of the conveyance of a communication on an Electronic Communications Network or for the billing thereof. Traffic data includes information about the type, format, time, duration, origin, destination, routing, protocol used and the originating and terminating network of a communication. For example, in relation to a telephone call, traffic data includes, among other information, the phone numbers of the caller and call recipient; in relation to an e-mail, the e-mail addresses of the sender and recipient’ and the size of any attachments.

Reference(s) in IAPP Certification Textbooks: E229

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Transfer

Sending personal data cross-border or from one company to another, which is necessary for operation of the company or for providing a service to a customer.

Reference(s) in IAPP Certification Textbooks: E75, 174

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Transit

The automatic forwarding of data packets from one server to another.

Reference(s) in IAPP Certification Textbooks: E75, 174

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Transmission Control Protocol

A protocol which enables two devices to establish a connection and exchange data. A combination of TCP and IP is used to send data over the Internet. Data are sent in the form of a packet, which is a portion of a message sent over the TCP/IP network. It contains content and a heading that specifies the destination.

Reference(s) in IAPP Certification Textbooks: F118

Acronym(s): TCP; TCP/IP

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Transparency

The requirement to be open and honest about manner in, and purposes for, which personal data is used. It is a fundamental principle in privacy protections and a key concept of the European data protection framework.

Reference(s) in IAPP Certification Textbooks: E107-111; G67-68, 70

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Transport Layer Security

A protocol that ensures privacy between client-server applications and Internet users of the applications. When a server and client communicate, TLS secures the connection to ensure that no third party can eavesdrop on or corrupt the message. TLS is a successor to SSL.

Reference(s) in IAPP Certification Textbooks: F118, 124-125

Acronym(s): TLS

Associated term(s): Secure Sockets Layer (SSL)

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Treaty of Lisbon

Signed in 2007, and effective in 2009, its main aim was to strengthen and improve the core structures of the European Union to enable it to function more efficiently. The Lisbon Treaty amends the EU’s two core treaties, the Treaty on European Union and the Treaty Establishing the European Community. The treaty ensures that all institutions of the European Union must protect individuals when processing personal data. It also established a European Data Protection Supervisor whose role is to regulate compliance with data protection law within the institutions of the European Union, but its references to ”authorities”’ implies that the national data protection authorities may also have jurisdiction in such matters.

Reference(s) in IAPP Certification Textbooks: E14-19

Associated term(s): Lisbon, EDPS

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Trojan Horse

A form of malware in which bad software masquerades as beneficial software.

Reference(s) in IAPP Certification Textbooks: F99

Associated term(s): Malware

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U.S. Department of Labor

A U.S. federal agency that oversees “the welfare of the job seekers, wage earners and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and healthcare benefits, helping employers find workers, strengthening free collective bargaining and tracking changes in employment, prices and other national economic measurements.” To achieve this mission, the department administers a variety of federal laws including, but not limited to, the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA) and the Employee Retirement Income Security Act (ERISA).

Reference(s) in IAPP Certification Textbooks: US157

Acronym(s): DOL

Associated law(s): FLSA; ERISA, OSHA

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Unambiguous Consent

Generally, it is consent that is given as part of a positive and definite act where there is no doubt that consent has been given. Under EU Directives, the term is defined under member state laws.

Reference(s) in IAPP Certification Textbooks: E94

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Unfair Trade Practices

Commercial conduct that intentionally causes substantial injury, without offsetting benefits, and that consumers cannot reasonably avoid.

Reference(s) in IAPP Certification Textbooks: US18-20

Associated term(s): Deceptive Trade Practices

Associated law(s): U.S. Federal Trade Commission Act

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Uniform Resource Locator

The address of content located on a web server. Specifically, it is the letter and number coordinates that an end user submits to the web browser to instruct it to connect with the desired website. An example of a URL is “http://www.privacyassociation.org.”

Reference(s) in IAPP Certification Textbooks: F131-132

Acronym(s): URL

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United States Department of Health, Education and Welfare Fair Information Practice Principles (1973), The

A code of fair information practices that contained five principles: (1) There must be no personal data record keeping systems whose very existence is secret. (2) There must be a way for an individual to find out what information about him (or her) is in a record and how it is used. (3) There must be a way for an individual to prevent information about him (or her) that was obtained for one purpose from being used or made available for other purposes without his (or her) consent. (4) There must be a way for an individual to correct or amend a record of identifiable information about him (or her). (5) Any organization creating, maintaining, using or disseminating records of identifiable personal data must assure the reliability of the data for their intended use and must take precautions to prevent misuse of the data.

Reference(s) in IAPP Certification Textbooks: G9

Associated term(s): HEW Principles; HEW Report, The

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Universal Declaration of Human Rights

Also called the Human Rights Declaration, the declaration recognized the universal values and traditions of inherent dignity, freedom, justice and peace. It was adopted by the General Assembly of the United Nations on 10 December 1948. In December 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. This declaration formally announced that “[n]o one shall be subjected to arbitrary interference with his privacy, family, home or correspondence [.]” The statement was intended to encompass a wide range of conduct, as evidenced by Article 12 of the Declaration, which describes both the territorial and the communications notions of privacy.

Reference(s) in IAPP Certification Textbooks: F3; C2-3; E4, 15

Associated term(s): Declaration of Human Rights

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US-CERT

A partnership between the Department of Homeland Security and the public and private sectors intended to coordinate the response to security threats from the Internet. As such, it releases information about current security issues, vulnerabilities and exploits via the National Cyber Alert System and works with software vendors to create patches for security vulnerabilities.

Reference(s) in IAPP Certification Textbooks: G7, 49; M113

Acronym(s): US-CERT

Associated term(s): U.S. Computer Emergency Readiness Team

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US-CERT IT Security Essential Body of Knowledge

Fourteen generic information security practice competency areas, including: Data Security; Digital Signatures; Enterprise Continuity; Incident Management; IT Security and Training Awareness; IT Systems Operation and Maintenance; Network and Telecommunications Security; Personnel Security; Physical and Environmental Security; Procurement; Regulatory and Standards Compliance; Security Risk Management; Strategic Security Management; and System and Application Security.

Reference(s) in IAPP Certification Textbooks: M113

 

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USA-PATRIOT Act

A broad-ranging act designed to counter terrorism that expanded law enforcement authority to surveillance and capturing communications and records.

Reference(s) in IAPP Certification Textbooks: US74, 132, 148; C88-90; G110-111

Acronym(s): USAPA

Associated term(s): Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001; Patriot Act

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Use Limitation

A fair information practices principle, it is the principle that personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 8 of the Fair Information Practice Principles except with the consent of the data subject or by the authority of law.

Reference(s) in IAPP Certification Textbooks: F18, 20; C19; E232-233, 260; G7

Associated term(s): Fair Information Practices

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Value-Added Services

A telecommunications industry term for non-core services; i.e., services beyond voice calls and fax transmissions. More broadly, the term is used in the service sector to refer to services, which are available at little or no cost, and promote their primary business. For mobile phones, while technologies like SMS, MMS and GPRS are usually considered value-added services, a distinction may also be made between standard (peer-to-peer) content and premium-charged content. These are called mobile value-added services (MVAS), which are often simply referred to as VAS. Value-added services are supplied either in-house by the mobile network operator themselves or by a third-party value-added service provider (VASP), also known as a content provider (CP) such as All Headline News or Reuters. VASPs typically connect to the operator using protocols like short message peer-to-peer protocol (SMPP), connecting either directly to the short message service centre (SMSC) or, increasingly, to a messaging gateway that gives the operator better control of the content.

Reference(s) in IAPP Certification Textbooks: C117; E232-233, 260

Associated term(s): MVAS, VASP

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Vendor Assessment

Assessment of a third-party vendor for the vendor’s privacy and information security policies, access controls, where the personal information will be held and who has access to it. Privacy/security questionnaires, privacy impact assessments and other checklists can be used to assess this risk.

Reference(s) in IAPP Certification Textbooks: M101

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Video Surveillance

Recordings that do not have sound.

Reference(s) in IAPP Certification Textbooks: US168-169

Associated term(s): Video Surveillance Guidelines

Associated law(s): FISA

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Video Surveillance Guidelines

Guidelines discouraging video as an initial security option with the following constraints: (1) Video should be taken only in the absence of less intrusive alternatives; (2) the use should be disclosed to the public; (3) individuals should have access to their personal information; (4) video surveillance should be subject to independent audit, and (5) fair information practices should be respected.

Reference(s) in IAPP Certification Textbooks: C81

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Virtual Private Network

A network that uses primarily public telecommunication infrastructure, such as the Internet, to provide remote offices or traveling users an access to a central organizational network. VPNs typically require remote users of the network to be authenticated and often secure data with encryption technologies to prevent disclosure of private information to unauthorized parties.

Reference(s) in IAPP Certification Textbooks: F87

Acronym(s): VPN

Associated term(s): Remote Access Connectivity

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Voice Over Internet Protocol

A technology that allows telephone calls to be made over a LAN or the Internet itself. Skype is a well-known example. VoIP poses the same risk as network-connected PBX systems but also poses the additional risk of data interception when such data travel over an unsecured connection. VoIP functionality should be encrypted where possible and equipment monitored with intrusion-detection systems.

Reference(s) in IAPP Certification Textbooks: F88; US100

Acronym(s): VoIP

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Web Beacon

Also known as a web bug, pixel tag or clear GIF, a web beacon is a clear graphic image (typically one pixel in size) that is delivered through a web browser or HTML e-mail. The web beacon operates as a tag that records an end user’s visit to a particular web page or viewing of a particular e-mail. It is also often used in conjunction with a web cookie and provided as part of a third-party tracking service. Web beacons provide an ability to produce specific profiles of user behavior in combination with web server logs. Common usage scenarios for web beacons include online ad impression counting, file download monitoring, and ad campaign performance management. Web beacons also can report to the sender about which e-mails are read by recipients. Privacy considerations for web beacons are similar to those for cookies. Some sort of notice is important because the clear pixel of a web beacon is quite literally invisible to the end user.

Reference(s) in IAPP Certification Textbooks: F138; G66

Associated term(s): Web Bug, Pixel Tag, Tracking Bug, Clear GIF

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WebTrust

Created by the American Institute of Certified Public Accountants (AICPA) and the Canadian Institute of Chartered Accountants (CICA). It is a self-regulating seal program which licenses qualifying certified public accountants.

Reference(s) in IAPP Certification Textbooks: F34; M50

Associated term(s): Seal Programs

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Whistle-Blowing

The reporting of illegal or improper actions within a company by an employee of said company.

Reference(s) in IAPP Certification Textbooks: US156; E223-225

Associated term(s): Whistleblowing; Whistleblower

Associated law(s): SOX

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Wide Area Network

A non-localized telecommunications network that can be used to transmit data across large regions.

Reference(s) in IAPP Certification Textbooks: F86

Acronym(s): WAN

Associated term(s): LAN; Local Area Network

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Work Product Information

A Canadian term referring to information about an individual that is related to that individual’s position, functions and/or performance of his or her job. A term that is undefined by PIPEDA, the privacy commissioner has decided that work product may at times fall under the definition of personal information. Access to such information by the commissioner is addressed on a case-by-case basis. Not to be confused with the American legal term "work product," which refers to legal materials prepared in anticipation of litigation.

Reference(s) in IAPP Certification Textbooks: C17; 32-33

Associated term(s): Employee Information

Associated law(s): PIPEDA

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Works Councils

Bodies that represent employees and have certain rights under local law that affect the use of employee data by employers. Their power varies widely by jurisdiction.

Reference(s) in IAPP Certification Textbooks: E221-222

Associated term(s): Labor Unions; Unions; Labour Unions

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Worm

A computer program or algorithm that replicates itself over a computer network, usually performing malicious actions.

Associated term(s): Flash Worm

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