Comparative Analysis Of Data Protection Laws In Different Jurisdictions
- ByAdmin --
- 20 Apr 2024 --
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Today, digital evolution must no longer be a customer compromise between privacy and security. Privacy is not a product to be sold, it is a valuable asset to be protected.
"Today, digital evolution must no longer be a customer compromise between privacy and security. Privacy is not a product to be sold, it is a valuable asset to be protected.”
INTRODUCTION
With the exponential growth of digitization everywhere, the need to secure data is high. The focus of governments around the world has shifted from regulating cyberspace to protecting the rights of citizens. Although most developing countries such as India are still in the early stages of drafting legislation, many developed countries such as the United Kingdom, Australia and the United States have already set the bar in this area. The US has industry legislation and several federal privacy laws, the UK Data Protection Act 2018 has its roots in the EU GDPR and Australia's privacy framework is enumerated from the OECD Principles.
US DATA PROTECTION
The US follows a sectorial approach to data protection legislation. There is no overarching federal data protection law. Federal law instead protects data within sector-specific contexts. These statutes only apply to specific sectors such as "health, education, communication, financial services, in the case of data collection, for children".
In other words, most privacy laws in the United States restrict data processing based on the context in which the data is used (e.g., healthcare, banking, education). Privacy regulation in the United States is fundamentally highly contextual, sector-based, common law, federal and state laws and mostly rely on private law or explicit agreements later enforced by federal or state laws. The Federal Trade Commission (FTC) is in charge of federal law enforcement, but federal prosecutors are also involved in protecting consumer privacy.
The Fair Information Practices Principles, which provide a standard set of principles that have formed the basis for many privacy and data protection laws around the world world, including those in the United States, the European Union, and elsewhere, were first established in 1973 by an advisory committee of the United States Department of Health, Education, and Welfare and were later included in the United States of America. State Privacy Act of 1974.
Fourth Amendment
The boundaries of privacy rights in the US are enumerated in the Fourth Amendment of the US Constitution. Protects individuals from "unreasonable searches and seizures" by the government. In Katz v. United States, the Supreme Court held that the government's warrantless wiretapping of a person making a telephone call from a payphone exceeded the defendant's subjective expectation of privacy, which could be justified by impeding societal norms.
Fourth Amendment privacy claims invokes what is known as the reasonableness standard and expectation of privacy test. Therefore, US privacy claims are judged by the standards of an "objective third party," a person of "reasonable sensitivity."
The US Supreme Court has also upheld individual privacy rights on issues such as birth control, same-sex relationships, and abortion, as penumbra rights derived from or implied by the Constitution. These rights have also been referred to as "unenumerated" privacy rights.
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