Key Definitions: Person, Jurisdiction, Authority, Preemption, Private Right of Action
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.
How this supports CIPP/US study
Use this lesson to identify the legal source, actor, data and activity before applying a rule to a scenario. Continue with the CIPP/US exam format and blueprint.
| Type | Meaning | FTC example |
|---|---|---|
| General authority | Blanket authority to regulate a field | Unfair and deceptive trade practices |
| Specific authority | Targeted at activities outlined by legislation | Enforcing 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.
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”?
What is “Jurisdiction”?
What is “General authority”?
What is “Specific authority”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.