Chapter 2: U.S. Legal Framework
Six Keys to Understanding Any Law
Analyze any privacy law with six questions: who is covered, what information/uses, what is required/prohibited, who enforces, what happens if you don't comply, and why the law exists. The first two define scope.
- Who is covered by this law?
- What types of information (and uses) are covered?
- What exactly is required or prohibited?
- Who enforces the law?
- What happens if I don't comply?
- Why does this law exist?
Group the six questions
Questions 1-2 define scope; question 3 is how to comply; questions 4-5 assess risk of noncompliance; question 6 reveals the spirit of the law and helps anticipate trends.
The chapter notes that in rare cases a company may rationally conclude the costs of compliance outweigh the risks of noncompliance for a limited time - for example, when a non-compliant system will be replaced within months anyway.
Key terms - quick answers
What is “Scope of a law”?
Defined by who is covered and what information or uses are covered - the first two of the six key questions.