IAPP CIPP / US Certified Information Privacy Professional Study Guide, 2nd Edition

Chapter 6Government and Court Access to Private Sector Information

THE CIPP/US EXAM OBJECTIVES COVERED IN THIS CHAPTER INCLUDE:

• Domain III. Government and Court Access to Private-Sector Information
  • III.A. Law Enforcement and Privacy
    • III.A.a Access to Financial Data
    • III.A.b Access to Communications
    • II.A.c The Communications Assistance to Law Enforcement
  • III.B. National Security and Privacy
    • III.B.a Foreign Intelligence Surveillance Act of 1978 (FISA)
    • III.B.b USA Patriot Act of 2001
    • III.B.c The USA Freedom Act of 2015
    • III.B.d The Cybersecurity Information Sharing Act of 2015 (CISA)
  • III.C. Civil Litigation and Privacy
    • III.C.a Compelled Disclosure of Media Information
    • III.C.b Electronic Discovery

The U.S. government routinely seeks access to personal information to support criminal investigations, national security, and civil litigation processes. However, U.S. citizens are guaranteed certain rights under the Constitution that limit the government’s power to interfere in their lives. The Fourth Amendment to the U.S. Constitution protects U.S. citizens from “unreasonable searches and seizures” by federal agencies without a legal warrant. The Fourth Amendment covers “persons, houses, papers, and effects.” Although such sweeping language may seem at first to guarantee broad privacy protection from federal authorities, the legal picture is much more complicated.

Over the years, ...