This post will guide you through the U.S. information privacy laws– including both federal and state legislation– that intends to secure the information privacy rights of U.S. residents. Privacy advocates frequently decry privacy laws in the U.S. as subpar and, sometimes, actively harmful. However, it’s not all bad. The U.S.– and particular states in particular– have several laws and policies that serve its people well. This article will review U.S. data security laws that try to safeguard the information of American people and users of U.S.-based services.
Data privacy laws manage how a person’s personal data is gathered, handled, utilized, processed and shared. Federal laws in the United States do little to protect their people from the misuse of their information, except in specific circumstances.
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California was the first to pass a state information privacy law, designed after the European GDPR. The U.S. secures its people’ data from being misused by corporations and companies to some degree, it also has some of the most invasive surveillance laws in the world.
Regardless of U.S. government security, numerous companies take advantage of the hands-off method the U.S. takes to the web. The good news is, while there is no U.S. federal law governing data defense on the internet, states have begun to get wise to this and have actually implemented laws of their own, controling the handling of web information.
In June, the U.S. House of Representatives Committee on Energy and Commerce voted 53-2 in favor of the American Data and Privacy Protection Act (ADPPA), which would offer federal protection of personal information. ADPPA still requires to pass your home and Senate, and get White House support. We will update this article with more information as the act moves through the U.S. legal process.
Data privacy laws govern how business and the government manage the information of their residents and users, respectively. In some cases, data security laws may dictate that a company needs to ask for specific consent from its users to manage their data in a particular method.
These are only a few of the methods data security laws can keep your delicate data safe and private. Various U.S. states have various information privacy laws, so how safe you are will depend on your place, but sometimes these laws have an extraterritorial reach.
If a business desires to operate in Europe or serve European citizens, it should comply with the stringent law of the GDPR, which we hold today as the gold requirement for data protection. Switzerland goes beyond even that level of protection, codifying information privacy into its constitution.
Why are information privacy laws essential? The primary reason we require privacy laws is for protection. Many individuals don’t care about their individual data being out there for all to see up until it’s far too late. Additionally, some people may think their info is safe, however data breaches or inappropriate handling of data can have disastrous consequences.
Let’s take a look at a concrete example. HIPAA (the Health Insurance Portability and Accountability Act) is a privacy law that prevents physicians from sharing their patients’ medical data. Examples of HIPAA violation include everything from snooping on records or denying clients access to their healthcare records, to failure to handle security risks or failure to utilize file encryption.
If somebody’s individual information is involved in a healthcare information breach, hopefully the HIPAA law assists secure those clients– otherwise information ends up being exposed, consisting of client’s names, social security numbers, dates of birth, financial account numbers, lab or test results, insurance coverage information, passwords and more..
You can see why data privacy laws are important to secure this personal information. If you need assistance picturing what could go wrong with that sensitive data exposed, we can point you toward our data privacy data short article and identity theft stats post.
There aren’t many data privacy laws enacted at a federal level, and the ones that remain in place are pretty specific regarding what kind of data they cover and the groups they safeguard. We’ll describe the most significant ones below, however know that there are lots of minor case-specific laws and guidelines for data privacy.
The Privacy Law is a major data privacy law that applies to how the federal government and its agencies manage the data of U.S. people. The Privacy Act permits citizens to gain access to and see the federal government records including their data, as well as demand a change in the records in case of inaccuracies.
The law also safeguards versus invasions of privacy coming from the handling of an individual’s personal details. It likewise prevents the details in the federal system of records from being launched or shared without written consent of the individual (with a few exceptions).
The Federal Trade Commission was mainly produced to deal with issues occurring from companies utilizing shady monetary practices. The FTC likewise functions as the federal government’s guard dog for data privacy, at least where businesses are concerned. Under Section 5 of the FTC Act, which brought the FTC into presence, the FTC avoids business and banks from engaging in “misleading or unjust acts or practices” toward their customers.
This section avoids business from misrepresenting how they manage your data. Facebook made a number of incorrect claims in the years leading up to a 2012 FTC claim, consisting of deceptive users about the exposure of posts and details they marked as “private” or “pals only,” as well as sharing data with third-party apps.
The Gramm-Leach-Bliley Act (GLBA) is another regulation enforced by the FTC. The GLBA states that all financial institutions must fully divulge how they handle and share the data of customers. The list of organizations covered includes likely suspects like banks and insurer, but likewise monetary advisors or any institutions that offer loans. The GLBA also includes a clause about data security called the Safeguards Rule, which mentions that institutions covered should also offer a sufficient level of protection for your information.
The Fair Credit Reporting Act is a law controling how customer data is managed, concentrating on consumer credit information. It ensures that consumer reports (or credit reports) are always accurate, and prevents customer reporting agencies from actively and maliciously altering information in those reports. The information in these reports is gathered by customer reporting agencies, such as credit bureaus, medical information companies and occupant screening services.
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