Government and Public Sector Privacy Flashcards

Which federal law gives US citizens and legal permanent residents the right to access and correct federal agency records about themselves?

Answer: Privacy Act of 1974

The Privacy Act of 1974 grants US citizens and lawful permanent residents the right to access and request correction of federal agency records maintained in systems of records.

Under the Privacy Act, federal agencies must publish 'System of Records Notices' (SORNs) in which publication?

Answer: Federal Register

Agencies must publish SORNs in the Federal Register describing systems that retrieve personal data by individual identifier, their purpose, and the routine uses of such data.

What is the primary privacy concern addressed by the Fourth Amendment in the context of government surveillance?

Answer: Protection against unreasonable searches and seizures of private information without a warrant

The Fourth Amendment protects against unreasonable government searches and seizures, generally requiring a warrant supported by probable cause before accessing private communications or data.

Which case established that third parties who voluntarily share data with others (like banks) lose Fourth Amendment protection under the third-party doctrine?

Answer: Smith v. Maryland (1979) and United States v. Miller (1976)

Smith v. Maryland and United States v. Miller established the third-party doctrine, holding that information voluntarily shared with third parties loses Fourth Amendment protection.

In Carpenter v. United States (2018), the Supreme Court held that accessing cell-site location information (CSLI) requires:

Answer: A warrant, limiting the third-party doctrine for comprehensive digital location records

In Carpenter, the Court held that the third-party doctrine does not apply to comprehensive CSLI records and that a warrant is required to access such data.

Which federal law protects the privacy of students' education records at schools receiving federal funding?

Answer: Family Educational Rights and Privacy Act (FERPA)

FERPA protects the privacy of student education records at schools receiving federal education funding, giving parents and eligible students rights to access and control disclosure.