Data Protection Law
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
- EFF Implements Right of Data Access in CaliforniaIn the EU, the “right of access” to one’s personal data has existed for over a decade. The US, on the other hand, seemed to be moving in a vastly different direction.
- Data Privacy in Hong Kong – New Rules for Direct MarketingThe data privacy law in Hong Kong underwent a microscopic review a result of the Octopus card case of unauthorized sale of customers' personal data and greater awareness of individual's privacy rights in today's rapid changing technology.
- App Developers Sceptical about New FTC and EU Policies on Data PrivacyEU Application (App) developers for smartphones and tablets are anxiously awaiting new guidelines from the Article 29 Working Party which is composed of representatives from all national EU data protection authorities.
- The Liability of Recording OthersThough many people today take advantage of modern technology and record meetings or conversations for their own purposes or preservation, it would behoove them to know about the liabilities listed in the New Jersey Wiretapping and Electronic Surveillance Control Act.
- Common EU Data Protection Framework Demanded - MaltaService providers in the mobile and ICT sectors are currently calling for a review of the existing EU level framework concerning the protection of personal data. They have pointed out that the 2002 “ePrivacy Directive” and the newly proposed “Data Protection Regulation”, if left as they are, would create discrepancies in data protection standards that would be detrimental to industry, consumer and operator alike.
- Your New Hire’s Non-Compete AgreementFor years you’ve admired your top competitor’s ability to design and market new products that have, much to your frustration, consistently outsold yours. Now one of the key members of your competitor’s marketing team is sitting in your office asking YOU for a job. As he describes to you how he thinks he can position your products for triple-digit sales growth, you can’t help but think to yourself, “is this too good to be true?”
- Is it Time to Update Your Company’s Non-Disclosure/Non-Compete Agreement?An employee non-disclosure/non-competition agreement (NDA/non-compete) is a vital part of any company’s intellectual property protection program. Too often though, companies use the same form agreement for years even though its legal value may have eroded due to changes in the law or changes in the business. The following are some things to consider in determining whether it may be time to update your company’s NDA/non-compete.
- Chick-Fil-A, Thomas Menino, and the First Amendement – Interview with Dustin HeckerOn the 20th of July, Boston mayor Thomas Menino sent Dan Cathy, President of Chick-Fil-A, a strongly worded letter discouraging him from expanding his enterprise into his city. Proponents of both figures hastily emerged to voice their opinions on this issue. It seems that the scale ultimately tipped in favor of Cathy, as evidenced in Chick-Fil-A’s record breaking sales in the aftermath known as “appreciation day.”
- South Africa - Who Knows What About YouSouth Africa does not have comprehensive privacy or data protection legislation. Some aspects are covered in various other statutes that are consumer protective, such as the Consumer Protection Act, the National Credit Act and the Electronic Communications and Transactions Act.
- The Importance of Guarding Privacy During DivorceWhen a married couple decides to separate, they will be required to make numerous decisions regarding their future lives apart from one another. Some of the most highly contested decisions involve the division of property and the spousal maintenance that one spouse pays to the other. These decisions can become so heated that spouses have been known to use every bit of information to gain an advantage over the other.
- 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.