CIPP/US Study Guide
Chapter 1: Introduction to Privacy

Sectoral Model (United States)

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The sectoral model (the U.S. approach) protects personal data through laws targeting specific industries. Strengths: tailored, lower burden. Weaknesses: no single DPA, plus gaps and overlaps - illustrated by HITECH filling a gap and HIPAA/FTC overlap.

The sectoral model protects personal information by enacting laws for particular industry sectors - in the U.S., separate laws cover video rental records, financial transactions, credit records, law enforcement, and medical records. Supporters cite tailored protection and lower burden on unregulated sectors.

Gaps and overlaps

Critics note no single DPA plus gaps (new tech like drones may go unregulated until the legislature acts) and overlaps. The HITECH Act (2009) filled a gap by requiring breach notice from personal-health-record vendors that were not HIPAA covered entities.

HIPAA / FTC overlap

A HIPAA-covered medical provider may be enforced either by HHS under HIPAA or by the FTC under its general authority against unfair and deceptive practices - an example of overlap in the sectoral model.

Key terms - quick answers

What is “Sectoral model”?
A framework, used in the U.S., that protects personal information through laws addressing particular industry sectors rather than the whole economy.
What is “HITECH Act (2009)”?
The Health Information Technology for Economic and Clinical Health Act, which added breach-notification requirements for vendors of personal health records not covered as HIPAA covered entities.
What is “HIPAA”?
The Health Insurance Portability and Accountability Act, which applies only to certain 'covered entities' and 'protected health information.'

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