Data Protection Law


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Data Protection Law



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Data Protection Law deals with the security of the electronic transmission of personal data. As of yet the United States does not have any formal legislation regarding this issue but does insure the privacy and protection of data through the United States Privacy Act, the Safe Harbor Act and the Health Insurance Portability and Accountability Act. The United States is a member of the OECD's Working Party on Information Security and Privacy (WPISP).

Data Protection Law - US

  • Data Protection Directive - Definition

    The Data Protection Directive (officially Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data) is a European Union directive which regulates the processing of personal data within the European Union. It is an important component of EU privacy and human rights law.

  • Data Protection Laws Around the Globe

    Information Privacy is an International concern. Today, most countries have laws protecting personal data from misuse and destruction. Regulation and enforcement of data protection varies from country to country.

  • European Union - Data Protection

    The European Union is based on the respect for fundamental rights. Article 8 of the Charter of Fundamental Rights of the European Union expressly recognizes the fundamental right to the protection of personal data. In order to remove potential obstacles to the flows of Personal Data and to ensure a high level of protection within the EU, data protection legislation has been harmonized.

  • Health Insurance Portability and Accountability Act

    The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) required the Department of Health and Human Services (HHS) to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. As the industry has implemented these standards, and increased the use of electronic data interchange, the nation's health care system will become increasingly effective and efficient.

  • OECD - Working Party on Information Security and Privacy (WPISP)

    The OECD is a unique forum where the governments of 30 member countries work together with business and civil society to address the economic, social, environmental and governance challenges of the globalising world economy, as well as exploit its opportunities.

  • United States Privacy Act

    The Privacy Act Issuances, 2005 Compilation Online Database contains descriptions of Federal agency systems of records maintained on individuals and rules agencies follow to assist individuals who request information about their records.

  • US, EU and Swiss Safe Harbor Frameworks

    The U.S. Department of Commerce in consultation with the Federal Data Protection and Information Commission of Switzerland developed a "Safe Harbor" framework to bridge the different privacy approaches between the two countries and provide a streamlined means for U.S. organizations to comply with the Swiss data protection law. This website also provides the information an organization should need to evaluate – and then join – the U.S.-Swiss Safe Harbor Framework.

Organizations Related to Data Protection Law

  • Center for Democracy and Technology - Data Security/Breach

    New technology has created powerful new ways to gather, store, sort, analyze, locate, correlate, and disseminate data. This has enabled increasingly intensive use of personal data, which can deliver significant benefits. But the growing use of personal data raises a host of privacy challenges as well.

  • Electronic Privacy Information Center (EPIC)

    EPIC is a public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values.

  • Privacy International

    Privacy International (PI) is a human rights group formed in 1990 as a watchdog on surveillance and privacy invasions by governments and corporations. PI is based in London, England, and has an office in Washington, D.C. We have campaigned across the world to protect people against intrusion by governments and corporations that seek to erode this fragile right. We believe that privacy forms part of the bedrock of freedoms, and our goal has always been to use every means to preserve it.

  • Privireal - United States Data Protection

    The USA has no comprehensive data protection legislation. Although a signatory to the 1981 OECD Guidelines, the USA has not implemented them domestically. Instead, a sectoral approach, with a mix of legislation, regulation and self-regulation, is utilised. The introduction of Directive 95/46/EC could have therefore restricted the ability of US organisations to engage in transactions with their European counterparts, for it prohibited the transfer of personal data to non EU states that do not meet the "adequacy" standard for the protection of privacy.

Publications Related to Data Protection Law

  • CIPP Guide for Privacy Professional

    The CIPP Guide provides reliable and accurate information to the privacy professional arena. We hope individuals seeking the Certified Information Privacy Professional designation will find further substance specifically targeted at their CIPP pursuit.

  • EPIC Alert

    The EPIC Alert, a bi-weekly publication of the Electronic Privacy Information Center in Washington DC, covers issues related to privacy and civil liberties in the information age. Each issue contains: * detailed articles on privacy developments in the US and around the world * briefing reports on breaking privacy news * book reviews of the latest privacy-related publications * listing of upcoming privacy conferences and events.

  • Guidelines for the Security of Information Systems and Networks

    These guidelines apply to all participants in the new information society and suggest the need for a greater awareness and understanding of security issues, including the need to develop a "culture of security" - that is, a focus on security in the development of information systems and networks, and the adoption of new ways of thinking and behaving when using and interacting within information systems and networks. The guidelines constitute a foundation for work towards a culture of security throughout society.

Articles on HG.org Related to Data Protection Law

  • Copyright: The Next Generation - Australia
    Broadband is a game changing development and policy-makers are still in “catch-up” mode. Legislatures and courts have so far taken a fairly traditional approach to dealing with the protection of online copyright works. Ultimately, it is expected that creative creators will continue to think outside the square to develop new business models – and that this group will manage to stay “ahead of the curve” when it comes to generating value (and new revenue streams) from their creative efforts.
  • Food Law Know-how - Part 5: Standard Terms and Conditions
    The Consumer Protection Act is predominantly focused on affording consumers the right to fair, just and reasonable terms and conditions (e.g. fair contract terms) and the right to fair value, good quality and safety (e.g. product liability).
  • Do Not Contact Me!
    South African laws in the past have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:
  • A Severe Blow to Anti-Piracy Bill in US Congress
    Following a seemingly worldwide internet protest on the 18th of January 2012, support for the controversial ‘Stop Online Piracy Act’ (SOPA) and ‘Protect Intellectual Property Act’ (PIPA) stalled abruptly as eight members of Congress withdrew their support for the bills.
  • Freedom of Information Act and Privacy
    Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.
  • European Watchdog Calls for Stricter Regulation on ‘Cookies’
    The European online privacy watchdog known as the ‘Article 29 Working Party’ has called for stricter regulation on the practice of using ‘cookies’ for online advertising. A cookie is a tracking program uploaded to a computer by advertising companies in order to monitor the activities of an internet user. This, in turn, allows the advertising company to forward advertisements to the user tailored to their personal interests.
  • Data Processing in Hungary: New Act and New Authority
    The Hungarian Parliament has recently adopted a new act arguing that the provisions of the current data protection are outdated. Although the applicable EU directive is under significant review in the EU, the new Hungarian act still follows the old (current) EU legislation. The new act is called Information Act), and maintains the rigid Hungarian system of data protection and misses the opportunity to help foreign data processing.
  • Protecting Your Personal Information with Online Privacy Laws
    A lot of people who use the internet have the need to protect their privacy. However, the internet is still so new that online privacy laws are still being written and modified.
  • Online Data: The New Oil
    The author explains behavior marketing and its possible ramifications on people.
  • Cyber Security Bill: Panacea for Cyber Crimes and Related Practices? - Nigeria
    Stakeholders in Information and Communication sector recently reiterated their commitment to the passage of the anti-cyber crime bill into law.
  • All Science and Technology Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Science and Technology including: biotechnology, chemical law, computer and software, data protection, information technology, internet law, research and development, telecommunications law.

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