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products:ict:security:cissp:legal_and_regulatory_issues_related_to_information_security:privacy_laws_and_regulations_including_data_protection_principles_and_requirements

Privacy laws and regulations, along with data protection principles and requirements, aim to protect individuals' privacy rights and govern the collection, processing, storage, and sharing of personal data by organizations. Here's an overview of some of the most significant privacy laws and regulations, along with key data protection principles and requirements:

1. General Data Protection Regulation (GDPR):

  1. Jurisdiction: European Union (EU) and European Economic Area (EEA) countries.
  2. Key Data Protection Principles:
    1. Lawfulness, fairness, and transparency in data processing.
    2. Purpose limitation: Personal data must be collected for specified, explicit, and legitimate purposes.
    3. Data minimization: Only collect and process personal data that is necessary for the intended purpose.
    4. Accuracy: Ensure that personal data is accurate and up-to-date.
    5. Storage limitation: Personal data should not be kept longer than necessary.
    6. Integrity and confidentiality: Implement appropriate security measures to protect personal data.
  3. Requirements: GDPR imposes obligations on organizations, including data controllers and processors, to obtain valid consent for data processing, provide individuals with rights such as access, rectification, erasure, and data portability, appoint a Data Protection Officer (DPO) in certain cases, conduct Data Protection Impact Assessments (DPIAs), and report data breaches to supervisory authorities and affected individuals.

2. California Consumer Privacy Act (CCPA):

  1. Jurisdiction: California, United States.
  2. Key Data Protection Principles:
    1. Right to know: Consumers have the right to know what personal information is collected about them and how it is used.
    2. Right to opt-out: Consumers can opt out of the sale of their personal information.
    3. Right to deletion: Consumers can request the deletion of their personal information held by businesses.
    4. Right to non-discrimination: Businesses cannot discriminate against consumers who exercise their privacy rights.
  3. Requirements: CCPA applies to businesses that meet certain criteria, including annual gross revenues, data processing volume, and business activities related to California residents. Covered businesses must provide notice to consumers about their data collection and sharing practices, implement mechanisms for consumers to exercise their privacy rights, and refrain from selling personal information without opt-in consent from minors.

3. Health Insurance Portability and Accountability Act (HIPAA):

  1. Jurisdiction: United States (applies to healthcare organizations).
  2. Key Data Protection Principles:
    1. Protected health information (PHI) must be safeguarded against unauthorized access, use, or disclosure.
    2. Covered entities must implement administrative, physical, and technical safeguards to protect PHI.
    3. Patients have rights regarding their health information, including the right to access, amend, and restrict the use of their PHI.
  3. Requirements: HIPAA sets standards for the privacy and security of PHI held by covered entities, such as healthcare providers, health plans, and healthcare clearinghouses. Covered entities must comply with HIPAA's Privacy Rule, Security Rule, and Breach Notification Rule, which include requirements for risk assessments, security controls, data encryption, and breach reporting.

4. Personal Information Protection and Electronic Documents Act (PIPEDA):

  1. Jurisdiction: Canada.
  2. Key Data Protection Principles:
    1. Consent: Individuals must consent to the collection, use, and disclosure of their personal information.
    2. Accountability: Organizations are responsible for protecting personal information and must appoint privacy officers to oversee compliance.
    3. Access: Individuals have the right to access their personal information held by organizations and request corrections if necessary.
    4. Openness: Organizations must be transparent about their privacy practices and policies.
  3. Requirements: PIPEDA applies to the collection, use, and disclosure of personal information by private-sector organizations engaged in commercial activities. Organizations subject to PIPEDA must obtain individuals' consent for the collection and use of their personal information, safeguard personal information against unauthorized access or disclosure, and comply with individuals' requests for access to their personal information.

5. Data Protection Directive/Regulation (DPA/DPR):

  1. Jurisdiction: European Union (EU) and European Economic Area (EEA) countries (superseded by GDPR).
  2. Key Data Protection Principles:
    1. Similar to GDPR, DPA/DPR included principles such as lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, and integrity and confidentiality.
  3. Requirements: The Data Protection Directive (Directive 95/46/EC) and its successor, the Data Protection Regulation (Regulation (EU) 2016/679), established data protection principles and requirements for EU member states. These directives and regulations set standards for the processing of personal data, data subject rights, cross-border data transfers, and enforcement mechanisms.

These are just a few examples of privacy laws and regulations, along with key data protection principles and requirements, that organizations must consider when handling personal data. Compliance with these laws and regulations is crucial for protecting individuals' privacy rights, avoiding legal liabilities, and maintaining trust and credibility with customers, employees, and stakeholders.

products/ict/security/cissp/legal_and_regulatory_issues_related_to_information_security/privacy_laws_and_regulations_including_data_protection_principles_and_requirements.txt · Last modified: 2024/04/20 13:47 by wikiadmin