APPENDIX C
Laws and Major Regulations Related to Privacy

United States

Note: This list is representative and not to be considered an exhaustive listing. State laws (such as the California Consumer Privacy Act) and industry regulations may apply to your organization. Consult your legal counsel for definitive research.

  • Americans with Disabilities Act (ADA)1
  • Cable Communications Policy Act of 1984 (Cable Act)
  • California Consumer Privacy Act (AB-375)
  • California Senate Bill 1386 (SB 1386)
  • Children's Internet Protection Act of 2001 (CIPA)
  • Children's Online Privacy Protection Act of 1998 (COPPA)
  • Communications Assistance for Law Enforcement Act of 1994 (CALEA): official CALEA Web site
  • Computer Fraud and Abuse Act of 1986 (CFAA)
  • Computer Security Act of 1987: superseded by the Federal Information Security Management Act (FISMA)
  • Consumer Credit Reporting Reform Act of 1996 (CCRRA): modifies the Fair Credit Reporting Act (FCRA)
  • Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003
  • Driver's Privacy Protection Act of 1994
  • Electronic Communications Privacy Act of 1986 (ECPA)
  • Electronic Freedom of Information Act of 1996 (E-FOIA)
  • Electronic Funds Transfer Act (EFTA)
  • Fair and Accurate Credit Transactions Act (FACTA) of 2003
  • Fair Credit Reporting Act of 1999 (FCRA)
  • Family Education Rights and Privacy Act of 1974 (FERPA; aka the Buckley Amendment)
  • Federal Information Security Management Act (FISMA)
  • Federal Trade Commission Act (FTCA)
  • Gramm-Leach-Bliley Financial Services Modernization Act of 1999 (GLBA)
  • Privacy Act of 1974: including U.S. Department of Justice Overview
  • Privacy Protection Act of 1980 (PPA)
  • Right to Financial Privacy Act of 1978 (RFPA)
  • Telecommunications Act of 1996
  • Telephone Consumer Protection Act of 1991 (TCPA)
  • Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)
  • Video Privacy Protection Act of 1988: discussion and overview

European Union General Data Protection Regulation (GDPR)

The European Union General Data Protection Regulation (GDPR) went into effect May 25, 2018. It is the most significant change in data privacy not only affecting the EU, but it has global implications. It will fundamentally change the personal data is governed across industries.2

From the EUGDPR.org website:

The aim of the GDPR is to protect all EU citizens from privacy and data breaches in today's data-driven world. Although the key principles of data privacy still hold true to the previous directive, many changes have been proposed to the regulatory policies; the key points of the GDPR as well as information on the impacts it will have on business can be found below.

Increased Territorial Scope (Extraterritorial Applicability)

Arguably the biggest change to the regulatory landscape of data privacy comes with the extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company's location. Previously, territorial applicability of the directive was ambiguous and referred to data process ‘in context of an establishment.’ This topic has arisen in a number of high-profile court cases. GDPR makes its applicability very clear—it applies to the processing of personal data by controllers and processors in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects in the EU by a controller or processor not established in the EU, where the activities relate to: offering goods or services to EU citizens (irrespective of whether payment is required) and the monitoring of behavior that takes place within the EU. Non-EU businesses processing the data of EU citizens also have to appoint a representative in the EU.

Penalties

Organizations in breach of GDPR can be fined up to 4% of annual global turnover (revenue) or €20 million (whichever is greater). This is the maximum fine that can be imposed for the most serious infringements, for example, not having sufficient customer consent to process data or violating the core of Privacy by Design concepts. There is a tiered approach to fines, for example, a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or not conducting impact assessment. It is important to note that these rules apply to both controllers and processors—meaning ‘clouds’ are not exempt from GDPR enforcement.

Consent

The conditions for consent have been strengthened, and companies are no longer able to use long illegible terms and conditions full of legalese. The request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it.​

Data Subject Rights

Breach Notification

Under the GDPR, breach notifications are now mandatory in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals.” This must be done within 72 hours of first having become aware of the breach. Data processors are also required to notify their customers, the controllers, “without undue delay” after first becoming aware of a data breach.

Right to Access

Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain confirmation from the data controller as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format. This change is a dramatic shift to data transparency and empowerment of data subjects.

Right to Be Forgotten

Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include the data no longer being relevant to original purposes for processing, or a data subject withdrawing consent. It should also be noted that this right requires controllers to compare the subjects’ rights to “the public interest in the availability of the data” when considering such requests.

Data Portability

GDPR introduces data portability—the right for a data subject to receive the personal data concerning them—which they have previously provided in a ‘commonly used and machine readable format’ and have the right to transmit that data to another controller.

Privacy by Design

Privacy by design as a concept has existed for years, but it is only just becoming part of a legal requirement with the GDPR. At its core, privacy by design calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition. More specifically, ‘The controller shall … implement appropriate technical and organisational measures … in an effective way… in order to meet the requirements of this Regulation and protect the rights of data subjects.’ Article 23 calls for controllers to hold and process only the data absolutely necessary for the completion of its duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.

Data Protection Officers

Under GDPR it is not necessary to submit notifications/registrations to each local DPA of data processing activities, nor is it a requirement to notify/obtain approval for transfers based on the Model Contract Clauses (MCCs). Instead, there are internal record keeping requirements, as further explained below, and DPO appointment is mandatory only for those controllers and processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or of special categories of data or data relating to criminal convictions and offences. Importantly, the Data Protection Officer:

  • Must be appointed on the basis of professional qualities and, in particular, expert knowledge on data protection law and practices.
  • May be a staff member or an external service provider.
  • Contact details must be provided to the relevant DPA.
  • Must be provided with appropriate resources to carry out their tasks and maintain their expert knowledge.
  • Must report directly to the highest level of management.
  • Must not carry out any other tasks that could result in a conflict of interest.​

Major Privacy Laws Worldwide, by Country

Note: Privacy laws are in a state of rapid change and updating. This list is representative and not to be considered an exhaustive listing. State or provincial laws and industry regulations may apply to your organization. Consult your legal counsel for definitive research.

  • Argentina. Personal Data Protection Act of 2000
  • Australia. Privacy Act of 1988; Privacy Amendment (Notifiable Data Breaches) Act 2017
  • Austria. Data Protection Act 2000, Austrian Federal Law Gazette part I No. 165/1999 (Datenschutzgesetz 2000 or DSG 2000)
  • Belgium. Belgium Data Protection Law and Belgian Data Privacy Commission Privacy Blog
  • Brazil. 2018 Data Protection Bill of Law; Privacy currently governed by Article 5 of the 1988 Constitution
  • Bulgaria. Bulgarian Personal Data Protection Act
  • Canada. Privacy Act—July 1983; Personal Information Protection and Electronic Data Act (PIPEDA) of 2000 (Bill C-6)
  • Chile. Act on the Protection of Personal Data, August 1998
  • Colombia. Law 1266 of 2008: (in Spanish) and Law 1273 of 2009 (in Spanish)
  • Czech Republic. Act on Protection of Personal Data (April 2000) No. 101
  • Denmark. Act on Processing of Personal Data, Act No. 429, May 2000
  • Estonia. Personal Data Protection Act of 2003. June 1996, Consolidated July 2002
  • European Union. European Union Data Protection Directive of 1998; EU Internet Privacy Law of 2002 (Directive 2002/58/EC) Finland. Act on the Amendment of the Personal Data Act (986) 2000
  • France. Data Protection Act of 1978 (revised in 2004)
  • Germany. Federal Data Protection Act of 2001
  • Greece. Law No. 2472 on the Protection of Individuals with Regard to the Processing of Personal Data, April 1997
  • Guernsey. Data Protection (Bailiwick of Guernsey) Law of 2001
  • Hong Kong. Personal Data Ordinance (the Ordinance)
  • Hungary. Act LXIII of 1992 on the Protection of Personal Data and the Publicity of Data of Public Interests
  • Iceland. Act of Protection of Individual; Processing Personal Data, January 2000
  • Ireland. Data Protection (Amendment) Act, Number 6, of 2003
  • India. Information Technology Act of 2000; 2018 Data Protection Bill of Law
  • Italy. Processing of Personal Data Act, January 1997; Data Protection Code of 2003
  • Japan. Personal Information Protection Law (Act) Law for the Protection of Computer Processed Data Held by Administrative Organs, December 1988
  • Korea. Act on Personal Information Protection of Public Agencies Act on Information and Communication Network Usage
  • Latvia. Personal Data Protection Law, March 2000
  • Lithuania. Law on Legal Protection of Personal Data, June 1996
  • Luxembourg. Law of August 2002 on the Protection of Persons with Regard to the Processing of Personal Data
  • Malaysia. Common Law Principle of Confidentiality Personal Data Protection Bill Banking and Financial Institutions Act of 1989 Privacy Provisions
  • Malta. Data Protection Act (Act XXVI of 2001), Amended March 22, 2002, November 15, 2002 and July 15, 2003
  • Mexico. Federal Law for the Protection of Personal Data Possessed by Private Persons (Spanish)
  • Morocco. Data Protection Act
  • Netherlands. Dutch Personal Data Protection Act 2000 as amended by Acts dated April 5, 2001, Bulletin of Acts, Orders and Decrees 180, December 6, 2001
  • New Zealand. Privacy Act, May 1993; Privacy Amendment Act, 1993; Privacy Amendment Act, 1994
  • Norway. Personal Data Act (April 2000)–Act of April 14, 2000 No. 31 Relating to the Processing of Personal Data (Personal Data Act)
  • Philippines. Data Privacy Act of 2011 (There is also a recognized right of privacy in civil law and a model data protection code.)
  • Romania. Law No. 677/2001 for the Protection of Persons Concerning the Processing of Personal Data and the Free Circulation of Such Data
  • Poland. Act of the Protection of Personal Data (August 1997)
  • Portugal. Act on the Protection of Personal Data (Law 67/98 of 26 October)
  • Singapore. E-commerce Code for the Protection of Personal Information and Communications of Consumers of Internet Commerce
  • Slovak Republic. Act No. 428 of July 3, 2002, on Personal Data Protection
  • Slovenia. Personal Data Protection Act, RS No. 55/99
  • South Africa. Electronic Communications and Transactions Act, 2002
  • South Korea. Act on Promotion of Information and Communications Network Utilization and Data Protection of 2000
  • Spain. Organic Law 15/1999 of December 13 on the Protection of Personal Data
  • Switzerland. Federal Law on Data Protection of 1992
  • Sweden. Personal Data Protection Act (1998: 204), October 24, 1998
  • Taiwan. Computer Processed Personal Data Protection Law (public institution applicability only)
  • Thailand. Official Information Act, B.E. 2540 (1997) (for state agencies)
  • United Kingdom. UK Data Protection Act 1998; Privacy and Electronic Communications (EC Directive) Regulations 2003
  • Vietnam. Law on Electronic Transactions 2008

Notes

  1. 1.   Information Shield, “United States Privacy Laws,” www.informationshield.com/usprivacylaws.html (accessed October 18, 2013).
  2. 2.   “GDPR Key Changes” https://eugdpr.org/the-regulation/gdpr-faqs/ (accessed December 24, 2018).
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