CIPP/US Study Guide
Chapter 2: U.S. Legal Framework

Key Definitions: Person, Jurisdiction, Authority, Preemption, Private Right of Action

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Core terms for U.S. privacy law: person (natural or legal), jurisdiction (subject-matter and personal), general vs. specific authority, preemption, and private right of action. The FTC has general authority over unfair/deceptive practices and specific authority to enforce COPPA.

Two types of authority
TypeMeaningFTC example
General authorityBlanket authority to regulate a fieldUnfair and deceptive trade practices
Specific authorityTargeted at activities outlined by legislationEnforcing COPPA

A court needs both subject matter jurisdiction (the type of dispute) and personal jurisdiction (over the parties); agencies also have jurisdictional limits. Preemption is a superior government's ability to supersede an inferior government's laws - the federal CAN-SPAM Act preempts stricter state email rules. A private right of action lets a harmed individual sue the violator directly.

General vs. specific authority

The FTC has BOTH: general authority over unfair and deceptive trade practices and specific authority to enforce COPPA. An agency can hold both types at once.

Key terms - quick answers

What is “Person”?
Any entity with legal rights, including an individual (natural person) or a corporation (legal person).
What is “Jurisdiction”?
A court's authority to hear a case, requiring both subject matter jurisdiction (the type of dispute) and personal jurisdiction (over the parties).
What is “General authority”?
Blanket authority for a government body to regulate an entire field of activity (e.g., the FTC over unfair and deceptive trade practices).
What is “Specific authority”?
Authority targeted at singular activities outlined by legislation (e.g., the FTC's authority to enforce COPPA).

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