While the United States does not have a comprehensive federal privacy law today, there are several federal regulations that govern the collection of information online and establish privacy requirements. Here are some of the most important regulations you may come across. 11.2 Please describe the mechanisms that companies generally use to transfer personal data abroad in accordance with applicable transfer restrictions (e.g. consent of the data subject, performance of a contract with the data subject, approved contractual clauses, compliance with legal obligations, etc.). The Virginia Consumer Data Protection Act (VCDPA) protects the consumer, who is defined as a person residing in Virginia. It protects personal data, defined as any information related or reasonably liable to an identified or identifiable natural person. The VCDPA excludes anonymized and publicly available data. It does not specify whether aggregated information is excluded. More than 80 independent countries and territories, including almost all countries in Europe and many countries in Latin America and the Caribbean, Asia and Africa, have now adopted comprehensive data protection laws. [1] In the European Union, the General Data Protection Regulation (GDPR)[2] has been in force since May 25, 2018. The United States is distinguished by the fact that it has not adopted a comprehensive data protection law, but it has limited sectoral laws in certain areas, such as the California Consumer Privacy Act (CCPA).
[3] California Civil Code § 1798.90 The California Reader Privacy Act protects information about books that Californians browse, read, or purchase from electronic services and online booksellers who may have access to detailed reader information, such as specific pages. Requires a search warrant, court order, or express consent of the user before this company can disclose its users` personal information in connection with the use of a book, with certain exceptions, including imminent threat of death or serious bodily harm. In the Philippines, the Data Protection Act of 2012 mandated the creation of the National Data Protection Commission, which would oversee and maintain privacy and personal data protection policies in the country. Inspired by the EU`s Data Protection Directive and the Asia-Pacific Economic Cooperation (APEC) data protection framework, the independent body would ensure that the country complies with international data protection standards. [6] The law requires public and private organizations consisting of at least 250 employees or having access to the personal and identifiable information of at least 1,000 individuals to appoint a data protection officer to help regulate the management of personal data in these facilities. [7] Delaware Del. Code tit. 6, § 1206C Protects the personal data of users of e-book services and technologies by prohibiting a commercial entity that provides a book service to the public from disclosing personal data about users of the book service to law enforcement, government agencies, or other persons, except in certain circumstances. Allows for the immediate disclosure of a user`s book service information to law enforcement if there is an imminent threat of death or serious bodily harm that requires disclosure of the book service information, and requires a book service provider to retain a user`s book service information for a specified period of time if requested to do so by law enforcement. Requires a book service provider to prepare an annual report on its disclosure of personal data and publish it online, unless exempt. The Consumer Protection Unit of the Ministry of Justice is empowered to investigate and prosecute violations of these laws.
The form of the contract is generally not fixed. However, HIPAA is an example of a law with minimum requirements for provisions that must be included in business partner agreements. These agreements must include restrictions on use and disclosure, and require vendors to comply with HIPAA security rules, report violations and report unauthorized use and disclosure, return or destroy protected data, and make their books, records, and practices available to the federal agency. According to the CCPA, the contract must prevent the service provider from storing, using, or disclosing personal information for purposes other than the provision of the services specified in the contract. In South Africa, the Protection of Personal Information Act 4 of 2013 (most of which were not yet in force as of August 2018) requires the information regulator, the national supervisory authorities, to notify breaches of breaches as soon as possible after discovering the breach – taking into account the legitimate needs of law enforcement authorities or any action: reasonably necessary to determine the extent of the compromise and the integrity of the responsible party`s information system. The notification must contain sufficient information to enable the data subject to take protective measures against the possible consequences of the data breach. The information regulator may order the responsible party to disclose information about the security breach if doing so would protect those who may be affected (South African Personal Information Protection Act 4 of 2013, section 22). 6.5 What information should be included in the registration/notification (e.g. contact details of the reporting body, categories of data subjects, categories of personal data concerned, purposes of processing)? Data protection is not strictly regulated by law in the United States. [20] In the United States, access to personal information, such as that contained in third-party credit reports, may be requested when seeking work or medical care, or when making credit-based purchases, purchases or other purchases. While there are sub-regulations, there is no comprehensive law in the United States that governs the collection, storage or use of personal information. In general, in the United States, it is assumed that anyone who may have difficulty entering data has the right to store and use it, even if the data was collected without authorization, unless this is regulated by laws and regulations such as the provisions of the Federal Communications Act and the implementing regulations of the Federal Communications Commission.
Regulation of the use of customer-owned network information (CPNI). For example, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Children`s Online Privacy Protection Act of 1998 (COPPA), and the Fair and Accurate Credit Transactions Act of 2003 (FACTA) are examples of U.S. federal laws whose provisions tend to promote the efficiency of the flow of information. In addition, the PIPL has introduced specific guidelines for obtaining consumer consent, data subject rights requests and subcontractor obligations. All important information and frequently asked questions about data protection laws in the United States.