As technology has advanced and the world has become more interconnected, the issue of privacy protection has become increasingly important. In the European Union, privacy protection laws have been consolidated into a single comprehensive law, the General Data Protection Regulation (GDPR).
In contrast, privacy protection laws in the United States are a patchwork of federal laws with different compliance requirements and local laws that add their own requirements.
Some of the federal laws that regulate privacy protection in the US include the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), which relate to the management of health services information and reporting requirements in case of a breach.
The Children's Online Privacy Protection Act (COPPA) applies to the online collection of personal information from children under the age of 13, while the Gramm-Leach-Bliley Act (GLBA) applies to financial institutions and companies that offer financial products to consumers and requires them to maintain sensitive data. The Payment Card Industry Data Security Standard (PCI DSS) is also a key standard for payment card processing.
In recent years, more than 30 US states have introduced some form of privacy law that addresses the rights of identifiable individuals. The most advanced states in this regard, in which comprehensive laws have been enacted, are California, Colorado, Virginia, Utah, and Nevada.
Despite the differences between federal and state laws, there are some principles that can be established that apply to all of these laws and regulations.
One of these principles is data mapping, which involves understanding what information an organization collects, stores, and processes.
Federal laws talk about information depending on the sector to which they relate, while local laws usually refer to protecting consumers who are residents of the state.
Another important principle is the definition and documentation of the purposes for which the information is collected, how it is secured, and with whom it is shared.
The rights of the information subjects should also be taken into account, including the right to access personal data by requesting a copy of the data collected, stored, or processed on them; the right to correct personal data if it is inaccurate or incomplete; the right to be forgotten or to delete personal information in certain circumstances; the right to restrict the processing or use of personal data; the right to receive data in a format that can be easily transferred to another electronic system; and the right to object to the use of personal information for marketing, sales, or non-service purposes.
Information security is another key aspect of privacy protection, and the privacy laws of some countries include requirements to implement and maintain appropriate security measures to protect private information. Data minimization is another principle that some state laws address, requiring organizations to dispose of information when they no longer have a business reason to retain it.
Once an organization addresses privacy protection requirements holistically and understands the data it collects, stores, processes, and ultimately deletes, and the principles of information rights, it can relatively easily achieve compliance with the requirements of federal and local privacy laws. This will help ensure that the privacy of individuals is protected while allowing organizations to continue to collect, store, and process data in a way that is necessary for their business operations.
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