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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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 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 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 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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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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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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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 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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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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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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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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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 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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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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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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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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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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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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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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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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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 Life Cycle

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

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

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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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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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 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 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 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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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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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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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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Radio-Frequency Identification

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

Acronym(s): RFID

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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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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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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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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 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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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