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Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data privacy or data protection.
The Data Protection Directive, officially Directive 95/46/EC, enacted in October 1995, was a European Union directive which regulated the processing of personal data within the European Union (EU) and the free movement of such data. The Data Protection Directive was an important component of EU privacy and human rights law.
A privacy policy is a statement or legal document that discloses some or all of the ways a party gathers, uses, discloses, and manages a customer or client's data. Personal information can be anything that can be used to identify an individual, not limited to the person's name, address, date of birth, marital status, contact information, ID issue, and expiry date, financial records, credit information, medical history, where one travels, and intentions to acquire goods and services. In the case of a business, it is often a statement that declares a party's policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises. Privacy policies typically represent a broader, more generalized treatment, as opposed to data use statements, which tend to be more detailed and specific.
In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Compliance has traditionally been explained by reference to deterrence theory, according to which punishing a behavior will decrease the violations both by the wrongdoer and by others. This view has been supported by economic theory, which has framed punishment in terms of costs and has explained compliance in terms of a cost-benefit equilibrium. However, psychological research on motivation provides an alternative view: granting rewards or imposing fines for a certain behavior is a form of extrinsic motivation that weakens intrinsic motivation and ultimately undermines compliance.
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore.
The International Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information. They were overturned on October 6, 2015, by the European Court of Justice (ECJ), which enabled some US companies to comply with privacy laws protecting European Union and Swiss citizens. US companies storing customer data could self-certify that they adhered to 7 principles, to comply with the EU Data Protection Directive and with Swiss requirements. The US Department of Commerce developed privacy frameworks in conjunction with both the European Union and the Federal Data Protection and Information Commissioner of Switzerland.
TrustArc Inc. is a privacy compliance technology company based in Walnut Creek, California. The company provides software and services to help corporations update their privacy management processes so they comply with government laws and best practices. Their privacy seal or certification of compliance can be used as a marketing tool.
Privacy law is a set of regulations that govern the collection, storage, and utilization of personal information from healthcare, governments, companies, public or private entities, or individuals.
Pseudonymization is a data management and de-identification procedure by which personally identifiable information fields within a data record are replaced by one or more artificial identifiers, or pseudonyms. A single pseudonym for each replaced field or collection of replaced fields makes the data record less identifiable while remaining suitable for data analysis and data processing.
Information governance, or IG, is the overall strategy for information at an organization. Information governance balances the risk that information presents with the value that information provides. Information governance helps with legal compliance, operational transparency, and reducing expenditures associated with legal discovery. An organization can establish a consistent and logical framework for employees to handle data through their information governance policies and procedures. These policies guide proper behavior regarding how organizations and their employees handle information whether it is physically or electronically.
The German Bundesdatenschutzgesetz (BDSG) is a federal data protection act, that together with the data protection acts of the German federated states and other area-specific regulations, governs the exposure of personal data, which are manually processed or stored in IT systems.
Privacy by design is an approach to systems engineering initially developed by Ann Cavoukian and formalized in a joint report on privacy-enhancing technologies by a joint team of the Information and Privacy Commissioner of Ontario (Canada), the Dutch Data Protection Authority, and the Netherlands Organisation for Applied Scientific Research in 1995. The privacy by design framework was published in 2009 and adopted by the International Assembly of Privacy Commissioners and Data Protection Authorities in 2010. Privacy by design calls for privacy to be taken into account throughout the whole engineering process. The concept is an example of value sensitive design, i.e., taking human values into account in a well-defined manner throughout the process.
The General Data Protection Regulation is a European Union regulation on information privacy in the European Union (EU) and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also governs the transfer of personal data outside the EU and EEA. The GDPR's goals are to enhance individuals' control and rights over their personal information and to simplify the regulations for international business. It supersedes the Data Protection Directive 95/46/EC and, among other things, simplifies the terminology.
Maximilian Schrems is an Austrian activist, lawyer, and author who became known for campaigns against Facebook for its privacy violations, including violations of European privacy laws and the alleged transfer of personal data to the US National Security Agency (NSA) as part of the NSA's PRISM program. Schrems is the founder of NOYB – European Center for Digital Rights.
The EU–US Privacy Shield was a legal framework for regulating transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. One of its purposes was to enable US companies to more easily receive personal data from EU entities under EU privacy laws meant to protect European Union citizens. The EU–US Privacy Shield went into effect on 12 July 2016 following its approval by the European Commission. It was put in place to replace the International Safe Harbor Privacy Principles, which were declared invalid by the European Court of Justice in October 2015. The ECJ declared the EU–US Privacy Shield invalid on 16 July 2020, in the case known as Schrems II. In 2022, leaders of the US and EU announced that a new data transfer framework called the Trans-Atlantic Data Privacy Framework had been agreed to in principle, replacing Privacy Shield. However, it is uncertain what changes will be necessary or adequate for this to succeed without facing additional legal challenges.
ISO/IEC 27701:2019 is a privacy extension to ISO/IEC 27001. The design goal is to enhance the existing Information Security Management System (ISMS) with additional requirements in order to establish, implement, maintain, and continually improve a Privacy Information Management System (PIMS). The standard outlines a framework for Personally Identifiable Information (PII) Controllers and PII Processors to manage privacy controls to reduce the risk to the privacy rights of individuals.
The Brussels effect is the process of unilateral regulatory globalisation caused by the European Union who de facto externalizes its laws outside its borders through market mechanisms. Through the Brussels effect, regulated entities, especially corporations, end up complying with EU laws even outside the EU for a variety of reasons. The effect is named after the city of Brussels, the de facto capital of the European Union.
The EU Cloud Code of Conduct is a transnational Code of Conduct pursuant Article 40 of the European General Data Protection Regulation (GDPR).
The Personal Information Protection Law of the People's Republic of China referred to as the Personal Information Protection Law or ("PIPL") protecting personal information rights and interests, standardize personal information handling activities, and promote the rational use of personal information. It also addresses the transfer of personal data outside of China.
Consent or pay, also called Pay or okay, is a compliance tactic used by certain companies, most notably Meta, to drive up the rates at which users consent to data processing under the European Union's General Data Protection Regulation (GDPR). It consists of presenting the user with the tracking consent notice, but only allowing a binary choice; either the user consents to the data processing or they are required to pay to use the service, which is otherwise free to use if data processing is consented to. The tactic has been criticised by privacy advocates and non-governmental organisations such as NOYB and Wikimedia Europe, who claim that it is illegal under GDPR. On 17 April 2024, European Data Protection Board released a non-binding opinion stating that in most cases, Consent or pay models do not constitute a valid consent within the meaning of GDPR.
References
- ↑ "Standard Contractual Clauses (SCC)". European Commission. Retrieved 11 April 2022.
- ↑ "Binding Corporate Rules (BCR)". European Commission. Retrieved 11 April 2022.
- ↑ Dumont, David; Pateraki, Anna. "A Guide for Binding Corporate Rules" (PDF). huntonak.com. Bloomberg Law. Retrieved 11 April 2022.
- ↑ Feiler, Lukas; Seinen, Wouter. "BCRs as a robust alternative to Privacy Shield and SCCs". International Association of Privacy Professionals . Retrieved 11 April 2022.