Data Protection Law
Data Protection Law deals with the security of the electronic transmission of personal data. As of yet, the United States does not have any centralized, formal legislation at the federal level 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.
U.S. Sectoral Approach
The United States follows what is referred to as a 'sectoral' approach to data protection legislation. Under this approach, the laws of data protection and privacy rely on a combination of legislation, regulation, and self-regulation rather than governmental interference alone. Since the Clinton administration, the U.S. has followed a policy geared toward allowing the private sector to lead the way in data protection. This means that companies should implement their own policies, develop their own technology, and individuals should self-regulate to prevent the dissemination of their private data. Pursuant to this policy, the US has not yet developed a single, federal data protection law.
European Data Protection Laws
The European Union, on the other hand, has a unified data protection law called the Data Protection Directive. The EU's Data Protection Directive regulates the processing of personal data within the European Union and is an important component of the EU's privacy and human rights law. However, recognizing the need to modify this law to deal with globalization and technological developments, the European Union prepared a draft European General Data Protection Regulation that will supersede the Data Protection Directive, which is targeted for adoption in 2014 and to become effective in 2016. The existing Data Protection Directive, in simplest terms, asserts that personal data should not be processed at all, but if it is, it must fall within certain categories of transparency, legitimate purpose, and proportionality. The proposed law would expand the data protection regime currently in place to cover all international companies doing business in the EU.
U.S. Ad Hoc Privacy Laws
Under the U.S. Sectoral approach, however, privacy legislation tends to be sparse and only adopted on an ad hoc basis, with legislation arising when circumstances require. These laws usually only apply to situations in which individuals would not be able to control the use of their data through self-regulations. Examples include the Video Privacy Protection Act of 1988, the Cable Television Protection and Competition Act of 1992, and the Fair Credit Reporting Act.
American Privacy Law Traditions
The reasoning behind the U.S. approach to privacy laws has as much to do with American laissez-faire economics as with its legal tradition. For example, while the U.S. has prized its right to free speech so dearly that the very first amendment to the U.S. Constitution protects it explicitly, the Constitution does not have an explicit right to privacy. The U.S. Supreme Court has found a right to privacy implied by the terms of other portions of the Constitution, and many states have explicit privacy rights in their state constitutions, but on a federal level there is no express constitutional guarantee to privacy. As a result, there is similarly no constitutional framework upon which to build a single data privacy act, making the ad hoc approach much more compatible with the American system of government
For more information on data protection laws, please refer to the materials found below on this page. Moreover, should you need the assistance of an attorney to protect your rights as related to a data protection issue, whether as a person or entity that acquires and uses this data or as one who is afraid of the misuse of your personal information, you can find a list of attorneys in your area by visiting our Law Firms page.
Articles on HG.org Related to Data Protection Law
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- Video Recording on Private Property in CaliforniaOver the years, clients have inquired about the legality of installing video cameras on their privately owned commercial real estate or business premises. The short answer is that such recordings are legal in California. However, a more complete answer requires that legal counsel for the client determine whether such recordings violate (or may foreseeably violate) a personís constitutional right or reasonable expectation of privacy in the recorded area.
- You Donít Have the Right to Run a Background Check without My PermissionIt is not uncommon for employers to request to run a background check on a person before extending an employment offer. However, complications can arise during this process.
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- Electronic Records and Patient SafetyGuidelines have been put in place for healthcare professionals and staff in medical facilities that require that standards are followed closely. These guidelines are to provide proper treatment and avoid medical malpractice as much as possible. One standard is to provide safety of medical records and privacy. A physician may be held liable for breaching a patientís confidentiality.
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Data Protection Law - US
- Data Protection Directive - Wikipedia
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.
- 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 Ė and then join Ė the U.S.-Swiss Safe Harbor Framework.
Data Protection Law - International
- 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.
- Data Protection Legislation
In 2012, the Commission proposed a major reform of the EU legal framework on the protection of personal data. The new proposals will strengthen individual rights and tackle the challenges of globalisation and new technologies.
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.