Exam Number:                            


GEORGETOWN UNIVERSITY LAW CENTER
EXAMINATION
"THE LAW OF INFORMATION PRIVACY"
(3 HOURS)



Professor Rotenberg                                    May 6, 1997


INSTRUCTIONS:

1. This is an OPEN book examination.

2. You should select three of the following four questions.  
Each question will receive equal weight.  There will be no 
additional credit for answering a fourth question.

3. Use only one side of the paper.  Write clearly.

4. I will consider only the material that is in the exam book 
or in the typed submission.

5. Organize your answers carefully.  Note the particular 
format requested in each question.

This exam consists of 3 pages including this cover page.  
Please be sure that your exam is complete.



PLEASE DO NOT TURN THE PAGE
UNTIL THE PROCTOR GIVES THE SIGNAL




GEORGETOWN UNIVERSITY LAW CENTER
EXAMINATION
"THE LAW OF INFORMATION PRIVACY"
(3 HOURS)


Professor Rotenberg                                    May 6, 1997


Question 1

	You are special counsel to the President.

	The President has indicated that he would like to introduce 
legislation that would require drug testing prior to the issuance 
of a driverŐs license. The proposal would specifically require 
that all first-time applicants for a driverŐs license certify that 
they have taken a urinalysis drug test within 30 days prior to 
application  and that the test result was negative. 

	Draft a brief memo for the President on whether such a 
measure would be Constitutional.


Question 2

	You are counsel to the House Judiciary Committee.

	The Chairman of the Committee has expressed concern that the 
widespread availability of Social Security Numbers has undermined 
privacy and may be responsible for the increase in banking fraud 
and credit fraud.  She has asked you to draft a statute to protect 
the privacy of Social Security Numbers. She is interested in 
provisions that could limit the use and misuse of the Social 
Security Number in both the public sector and the private sector. 

	Outline and briefly describe the sections of the Social 
Security Number and Privacy Protection Act.


Question 3

	You are counsel to the Comptroller of the Currency.

	The Comptroller has been placed in charge of a new task force 
on Consumer Electronic Payments. The mission of the Task Force is 
to "identify, in partnership with the industry and the public, 
issues affecting consumers raised by emerging electronic money and 
payment technologies and explore innovative responses that are 
consistent with the needs of a developing market."

	Write a brief memo for the Comptroller on consumer privacy 
issues.


Question 4

	You are counsel to Database Mart, a marketing firm based in 
the United States that sells mailing lists.

	Database Mart is considering opening a Canadian affiliate in 
Ottawa. The Canadian federal government has no general law for 
database marketing firms, but has said that it will enact privacy 
legislation in the near future and has expressed general support 
for the framework set out in the 1980 OECD Guidelines Governing 
the Protection of Privacy. The President of Database Mart believes 
it may be a good idea for the company to adopt a privacy code for 
its direct marketing activities in Canada based on the OECD 
Privacy Guidelines.

	Draft a privacy code for Database Mart.



END OF EXAM

WRITE NOTHING AFTER TIME IS CALLED