Legislation title
Definition personal
data
Data classifications
Processing of
information
The Fair Credit
Reporting Act (15
U.S.C. §1681) (and
the Fair and Accurate
Credit Transactions
Act (Pub. L. No.
108–159) which
amended the Fair
Credit Reporting Act)
Applies to consumer
reporting agencies,
those who use consumer reports (such as
a lender) and those
who provide
consumer-reporting
information (such as a
credit card company)
“Consumer reports”
are any communication issued by a consumer reporting
agency (CRA)
regarding a consumer’s creditworthiness, credit history,
credit capacity, character, and general
reputation that is used
to evaluate a consumer’s eligibility for
credit or insurance
36
A CRA must, “follow reasonable procedures to assure
accuracy of the
information.”
37
Where data are
“inaccurate or
incomplete or cannot
be verified”, a CRA
must immediately
correct the data
38
Electronic Communications Privacy Act
(18 U.S.C. §2510)
Prohibits wiretaps of
communications of
others without court
approval without a
party’s prior consent.
Prohibits the use or
disclose any information acquired by illegal wiretapping or
electronic
eavesdropping
39
Interception “means
the aural or other
acquisition of the
contents” of various
kinds of communications by means of
“electronic, mechanical or other devices”
40
“Content” means
“information
concerning [its] substance, purport, or
meaning”
41
Computer Fraud and
Abuse Act (18 U.S.C.
§1030)
Seeks to prevent and
punish hackingrelated activities
which the Act defines
as “unauthorized
access” to protected
computers.
42 In addition, the Act bars
individuals or entities
from exceeding the
scope of their “authorized access”
43
“Protected computers” includes:
those used by financial institutions, the
U.S. government, and
computers used in or
affecting interstate or
foreign commerce or
communication
44
The Act defines
“damage” as any
impairment to the
integrity or availability of data, a program, a system, or
information
45
36 15 U.S.C. § 1681(d)(1).
37 15 U.S.C. § 1681e (2013).
38 15 U.S.C. § 1681i (a)(5)(A) (2013).
39 Doyle (2012), p. i.
40 Id. at. 9.
41 18 U.S.C. 2510(8).
42 18 U.S.C. § 1030.
43 18 U.S.C. § 1030(e)(6).
44 18 U.S.C. § 1030(e)(2).
45 18 U.S.C. §1030(a)(5).
414
S. M. Boyne
Definition personal
data
Data classifications
Processing of
information
The Fair Credit
Reporting Act (15
U.S.C. §1681) (and
the Fair and Accurate
Credit Transactions
Act (Pub. L. No.
108–159) which
amended the Fair
Credit Reporting Act)
Applies to consumer
reporting agencies,
those who use consumer reports (such as
a lender) and those
who provide
consumer-reporting
information (such as a
credit card company)
“Consumer reports”
are any communication issued by a consumer reporting
agency (CRA)
regarding a consumer’s creditworthiness, credit history,
credit capacity, character, and general
reputation that is used
to evaluate a consumer’s eligibility for
credit or insurance
36
A CRA must, “follow reasonable procedures to assure
accuracy of the
information.”
37
Where data are
“inaccurate or
incomplete or cannot
be verified”, a CRA
must immediately
correct the data
38
Electronic Communications Privacy Act
(18 U.S.C. §2510)
Prohibits wiretaps of
communications of
others without court
approval without a
party’s prior consent.
Prohibits the use or
disclose any information acquired by illegal wiretapping or
electronic
eavesdropping
39
Interception “means
the aural or other
acquisition of the
contents” of various
kinds of communications by means of
“electronic, mechanical or other devices”
40
“Content” means
“information
concerning [its] substance, purport, or
meaning”
41
Computer Fraud and
Abuse Act (18 U.S.C.
§1030)
Seeks to prevent and
punish hackingrelated activities
which the Act defines
as “unauthorized
access” to protected
computers.
42 In addition, the Act bars
individuals or entities
from exceeding the
scope of their “authorized access”
43
“Protected computers” includes:
those used by financial institutions, the
U.S. government, and
computers used in or
affecting interstate or
foreign commerce or
communication
44
The Act defines
“damage” as any
impairment to the
integrity or availability of data, a program, a system, or
information
45
36 15 U.S.C. § 1681(d)(1).
37 15 U.S.C. § 1681e (2013).
38 15 U.S.C. § 1681i (a)(5)(A) (2013).
39 Doyle (2012), p. i.
40 Id. at. 9.
41 18 U.S.C. 2510(8).
42 18 U.S.C. § 1030.
43 18 U.S.C. § 1030(e)(6).
44 18 U.S.C. § 1030(e)(2).
45 18 U.S.C. §1030(a)(5).
414
S. M. Boyne