Privacy law

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Privacy law refers to laws relating to the personal, personally identifiable arrangement, storage and use of information which may be collected by governments, public or private organizations, or other individuals.

Privacy laws are considered in the context of individual privacy rights or in reasonable privacy expectations.

Video Privacy law

Classification of privacy laws

Privacy laws can be broadly classified into:

• General privacy laws that have overall influence on individual personal information and affect policies governing different areas of information.
• Custom privacy laws designed to govern a particular type of information. Some examples include:
  • Communications privacy laws
  • Financial privacy laws
  • Health privacy laws
  • Information privacy legislation
  • Online privacy laws
  • Privacy in someone's home

Maps Privacy law

International legal standards on privacy

Asia-Pacific_Economic_Cooperation_ (APEC) "> Asia-Pacific Economic Cooperation (APEC) Asia-Pacific_Economic_Cooperation_.28APEC.29">

APEC created the Voluntary Privacy Framework adopted by all 21 members of the economy in 2004 in an effort to improve the privacy of general information and transboundary information transfers. This Framework consists of nine Privacy Principles that act as minimum standards for privacy protection: Preventing harm, Notices, Collection restrictions, Use of personal information, Choice, Integrity of personal information, Security protection, Access and correction, and Accountability.

In 2011, APEC implemented APEC's Cross-Border Privacy Rule System with the aim of balancing "the flow of information and cross-border data... essential for trust and trust in the online marketplace." The four rules agreed upon by the System are based on the APEC Privacy Framework and include self-assessment, compliance review, acknowledgment/acceptance, and dispute resolution and enforcement.

European Council

Article 8 of the European Convention on Human Rights, drafted and adopted by the Council of Europe in 1950 and currently covers the entire European continent except Belarus and Kosovo, protects the right to respect personal life: "Everyone has the right to respect his private life and family, and correspondence. "Through the law of the great Court of Human Rights of Europe in Strasbourg, privacy has been established and its protection has been established as the positive right of all people.

The Council of Europe also discussed the privacy protection in respect of the Internet in 1998 when published "Draft Guidelines for the protection of individuals relating to the collection and processing of personal data on information highways, which may be incorporated into or annexed to the Code of Conduct." European Commission, and they were adopted in 1999.

European Union (EU)

The 1995 Data Protection Guidelines (formally Directive 95/46/EC) recognize the authority of the National Data Protection Authority and require that all Member States adhere to universal privacy protection standards. Member States should adopt strict privacy laws that are no more relaxed than the framework provided by referrals. In addition, the Directive outlines that non-EU countries should adopt privacy laws with the same restrictions in order to be allowed to exchange personal data with EU countries. In addition, companies in non-EU countries should also adopt privacy standards at least with the same restrictions as those provided in the Instructions for conducting business with companies located in EU countries. Thus, the Directive also influences the development of privacy laws in non-European countries. The proposed ePrivacy Rules, which will replace the Electronic Communications and Communications Communications of 2002, also contribute to the EU privacy regulations.

The General Data Protection Rules will supersede the 1995 Data Protection Guidelines when applicable May 25, 2018. The substantial contribution to the coming of the General Data Protection Rule is its recognition of the "right to be forgotten", which requires that any group collecting data on individuals to delete data associated with a person at the request of that individual. This Regulation is influenced by the European Convention on Human Rights mentioned above.

Organization sponsorship for OECD >

In 1980, the OECD adopted the Voluntary OECD Guidelines Governing Privacy Protection and Transboundary Flow of Personal Data in response to growing concerns about information privacy and data protection in an increasingly technological and connected world. The OECD Guidelines help establish international standards for privacy laws by defining the terms "personal data" and outlining the principles of fair information practice (FIPP) that other countries have adopted in their national privacy laws.

In 2007, the OECD adopted Recommendations on Cross-border Cooperation in Law Enforcement Protecting Privacy. This Framework is based on the OECD Guidelines and includes two forms of cooperative models to encourage enforcement of privacy legislation among member states. It is also important to incorporate the term "Privacy Enforcement Authority." UN (UN)

Article 17 of the International Covenant on Civil and Political Rights of the United Nations in 1966 also protects privacy: "No one shall be subjected to arbitrary or unlawful interference with privacy, family, home or correspondence, or unlawful attacks in his honor and reputation.Each person is entitled to the protection of the law against such harassment or attack. "

On December 18, 2013, the UN General Assembly adopted resolution 68/167 on privacy rights in the digital age. This resolution refers to the Universal Declaration of Human Rights and reaffirms basic and protected human rights and privacy.

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Privacy privacy by country

For a comprehensive global summary of data privacy laws (2017), click here to access Greenleaf's article documenting changes to privacy rules across the international landscape.

Australia

The current state of privacy law in Australia includes state and federal information privacy laws, some state-level privacy laws privately, media regulations and some criminal sanctions. The current position on the cause of civil action for invasion of privacy is unclear: some courts have indicated that a privacy invasion violation may exist in Australia. But this has not been upheld by the higher courts, who have been content to develop a fair doctrine of Breach of Faith to protect privacy, following the example set by the British. In 2008, the Australian Law Reform Commission recommended the enactment of a law that led to the act of breaching privacy.

Bahamas

The Bahamas have an official data protection law protecting the private information of their citizens in the private and public sectors: Data Protection Act 2003 (Bahama Law). The Bahamas Law designates the data protection commissioner to the Office of Data Protection to ensure that data protection is underway. Although there are laws enacted in the Bahamas through the Data Protection Act of 2003, the act does not have much enforcement because data protection officers do not need to be in the office or any group or organization needs to notify the Data Protection Office when the hacker has violated the privacy law. Also, there is no requirement to register the database or restrict the flow of data across national borders. Therefore, the law does not meet EU standards, which is the goal of creating legislation in the first place

The Bahamas are also members of CARICOM, the Caribbean Community.

Belize

Belize is currently part of a country minority that does not have an official data privacy law. However, the Freedom of Information Act (2000) currently protects the personal information of Belizeans, but no recent documentation distinguishes if this action includes electronic data.

As a result of the lack of official data privacy laws, there was a breach of personal data in 2009 when an employee laptop from the Belize Vital Statistics Unit was stolen, containing birth certification information for all residents living in Belize. Although the robbery was not accidentally targeting the laptop - the robber did not foresee the severity of the theft - Belize was placed in a vulnerable position that could have been avoided if the rule existed.

Brazil

The privacy of Brazilian citizens is protected by the state constitution, which states:

The intimacy, personal life, honor and image of the people are inviolable, with the guarantee of the right to the prohibition of material or moral damages resulting from its violation

Canada

In Canada, the federal Personal Information Protection and Electronic Document Document (PIPEDA) governs the collection, use, and disclosure of personal information in connection with commercial activities and personal information about employees of federal employment, business and business. This generally does not apply to non-commercial or provincial government organizations. Personal information collected, used and disclosed by the federal government and many crown companies is governed by the Privacy Act . Many provinces have enacted similar provincial regulations such as the Ontario Freedom of Information and Privacy Protection Act that applies to public agencies in the province.

There is still a debate as to whether there is a violation of common law for privacy violations. There are a number of cases that identify common legal rights for privacy but the terms have not been articulated.

In Eastmond v. Canadian Pacific Railway & amp; The Canadian Supreme Court found that CP may collect Eastmond's personal information without his knowledge or consent for benefiting from the exclusion in paragraph 7 (1) (b) PIPEDA, which provides personal information that may be collected without consent if " reason to expect that collection with the knowledge or consent of the individual would jeopardize the availability or accuracy of information and collection is reasonable for purposes related to the investigation of breach of covenant ".

China

The Personal Computer Processed Protection Act was enacted in 1995 to protect personal information processed by computers. General provisions establish the objectives of the law, establish important terms, individuals who are forbidden to ignore certain rights.

Fiji

An archipelago located in the Pacific, the country of Fiji was established on October 10, 1970. In its constitution, the people who inhabit the land are given the right to privacy. The proper working of the constitution is as follows: "Everyone has the right to personal privacy, including the right to - (a) the confidentiality of their personal information; (b) the confidentiality of their communications; and (c) respect for their private and family life". But in this same Constitution, it is stated that it is possible "to the extent necessary" for a law to be passed that limits or impacts the exercise of the right to privacy laws. Other related privacy legislation can be found in section 54 of the Telecommunications Announcement adopted in 2008, stating that "any service provider that supplies telecommunications to consumers must maintain the confidentiality of consumer information". Billing information and call information is no exception. The only exception to this rule is for the purpose of bringing light "fraud or bad debt". Under this law, even with the consent of the customer, disclosure of information is not permitted. Other privacy laws that have been adopted by this country are laws intended to protect collected information, cookies and other privacy-related matters from travelers. It relates to (but is not limited to) the information collected during the booking, the use of any other technology owned by the company or through the use of the company's services, or when making payments. In addition, as a member of the United Nations, Fiji is bound by the Universal Declaration of Human Rights which states in article two "No one shall be subjected to arbitrary interference with privacy, family, home or correspondence, or to attack upon his honor and reputation Everyone has the right to legal protection against such harassment or attack ".

French

France adopted data privacy laws in 1978. This applies to public and private organizations and prohibits the collection of sensitive data about physical persons (sexuality, ethnicity, politics or religious opinions...). This law is administered by the National Commission de l'informatique et des libertà © (CNIL), a dedicated national government.

German

Germany was known as one of the first countries (in 1970) with the most rigorous and most detailed data privacy legislation in the world. The right of citizens of protection is expressed in the German Constitution, in Art. 2 para. 1, and Art. 1 para. 1. German citizen data is primarily protected by the Federal Data Protection Act (1977) of the company, which was last amended in 2009. This act specifically targets all businesses that collect information for their use. The main rules protect data in private and private sectors, and as a member of the European Union (EU), Germany has also ratified its action, conventions and additional protocols with the EU in accordance with the EU 95/46 EC Data Protection Directive.

In Germany, there are two types of restrictions on the transfer of personal data. Since Germany is part of EU Member States, the transfer of personal data of its citizens to a nation outside the EEA is always subject to a reasonable degree of data protection in the offshore country. Secondly, according to German data policy rules, any transfer of personal data outside the EEA represents a connection to a third party in need of a reason. The reason may be for emergency reasons and the provision must be met with the consent of the recipient and the subject of the data. Please keep in mind that in Germany, data transfers within the group of companies are subject to the same treatment as transfers to third parties if their location is outside the EEA.

In particular the Federal Data Protection Commission is in charge of managing the overall enforcement of data privacy regulations for Germany. In addition, Germany is part of the Organization for Economic Cooperation and Development (OECD). The Federal Data Protection Commission of Ireland is a member of the International Conference on Data Protection and Privacy Commissioner, the European Data Protection Authority, the Working Party of the EU Article 29, and the Global Privacy Enforcement Network.

Regarding the protection of children, Germany has the potential of the first country to have played an active role in banning data sharing in toys connected to Wifi and the Internet, such as, "My friend Cayla". The group responsible for protecting children's data is the Federal Network Agency (Bundessnetzagentur)

Greek

During the era of military dictatorships, AK AK legislation was prohibited from taking photos of people without their permission but the law has since been replaced. Act 2472/1997 protects citizens' personal data but consent to taking photos of people is not necessary as long as they are not used commercially or are only used for personal archiving ("??????????"/"home use") , for publication in editorial, educational, cultural, scientific or news publications, and for art purposes (eg street photography which has been upheld by courts either by professional or amateur photographers). However, photographing people or collecting their personal data for commercial purposes (advertising) requires their approval. The law gives the photographer the right to commercially use photos of people who disapprove of the use of images where they appear if the person described has been paid for the photo session as a model (so there is no separation between editorial and model advertising in Greek law) or they have pay photographers to get photos (this, for example, entitles wedding photographers to advertise their work using photos of their newlyweds in professional capacity). In Greece the right to take photographs and publish them or sell their licensing rights as art or editorial content is protected by the Greek Constitution (Article 14 and other articles) and freedom of speech laws as well as by law of case and case law. Taking pictures of the police or children and publishing photographs in non-commercial capacity is also legal.

Hong Kong

In Hong Kong, the laws governing the protection of personal data are principally found in the Personal Data Ordinance (Cap 486) which came into force on 20 December 1996. Amendments were made to enhance the privacy protection of personal data through the Ordinance of Personal Data (Privacy) (Amendment) 2012. Examples of protected personal data include name, telephone number, address, identity card number, photograph, medical record and employment record. Since Hong Kong remains a common law jurisdiction, the judicial case is also a source of privacy laws. The power of enforcement is held by the Privacy Commissioner (the "Commissioner") for Personal Data. Non-compliance with the principles of data protection established in the ordinance is not a direct offense. The Commissioner may serve law enforcement notices to direct data users to remedy violations and/or instigate prosecution actions. Cons of enforcement notices may result in fines and imprisonment.

India

The right to Privacy is a fundamental right and an intrinsic part of Article 21 which protects the lives and freedoms of citizens and as part of the freedoms guaranteed by Section III of the Constitution. In June 2011, India issued a new privacy package covering new rules that apply to companies and consumers. A key aspect of the new rules requires that any organization processing personal information should obtain written approval from the subject of data before undertaking certain activities. The application of rules is uncertain. Aadhar Card privacy concerns became controversial when the case reached the Supreme Court.

Previously, the Information Technology Act (Amendment), 2008 made amendments to the Information Technology Act, 2000 and added the following two sections related to Privacy:

• Section 43A, relating to the applicability of fair security practices to sensitive data or personal information and providing compensation from persons affected by loss wrong or wrong gain. .
• Section 72A, which provides a prison term of up to three years and/or a fine of up to Rs. 500,000 for someone who causes to lose wrong or wrong profit by disclosing someone else's personal information while providing services under the terms of a valid contract . A constitutional bench of the Supreme Court declares 'Privacy' as a basic right on 24 August 2017.

Ireland

The island of Ireland came under the Data Protection Act 1988 and amended by the Data Protection Act 2003 together with the EU 95/46 EC Data Protection Directive, which governs the use of personal data. The Data Protection Act 1988 along with 2003 is known as DPA and protects data in private and private sectors. DPA ensures that when data is transported, the location must be secure and recognized by law to maintain data privacy. When collecting and processing data, some of the requirements are listed below:

• the subject of personal data must have given approval
• the data is in subject interest
• the reason for data processing is for contract
• the reason for data processing is injury prevention

Specifically, the Data Protection Commissioner oversees the overall enforcement of data privacy regulations for Ireland. All people who collect and process data must register with the Data Protection Commissioner unless they are released (non-profit organizations, etc.) and renew their registration every year.

Electronic Privacy Protection

Considering the protection of Internet properties and online data, ePrivacy 2011 rules protect the communication and more sophisticated technical and data properties such as social media and telephony.

In conjunction with international data privacy laws that Ireland is involved in, the 1999 British-Irish Treaty Act Section 51 broadly states the relationship between data security between the United Kingdom and Ireland.

In addition, Ireland is part of the Council of Europe and the Organization for Economic Cooperation and Development.

The Irish Data Protection Commissioner is a member of the International Conference on Data Protection and Privacy Commissioner, the European Data Protection Authority, the EU Article 29 Working Party, the Global Privacy Enforcement Network, and the British, Irish and Islands Data Protection Authority.

Ireland is also a major international location for social media platforms, specifically LinkedIn and Twitter, for data collection and control for any data processed outside the United States.

Jamaica

The Jamaican Constitution gives its people the right to "respect and protect private and family life, and the privacy of the home". Although the government gives its citizens the right to privacy, the protection of this right is not strong. But in the case of other privacy laws that have been adopted in the country of Jamaica, the closest is the Private Security Arrangement Authority Law. This action was adopted in 1992, establishing a Private Security Regulatory Authority. The organization is tasked with the responsibility of managing the private security business and ensuring that everyone who works as a personal security guard is trained and certified. The goal is to ensure safer homes, communities, and businesses. One of the reasons why this law is passed is that as trained workers, guards can ensure maximum customer service and also with the education they receive, they will be equipped with the best way to deal with certain situations and avoid actions that may be considered as violations,. In addition, as a member of the United Nations, Jamaica is bound by the Universal Declaration of Human Rights which states in article two "No one will experience arbitrary interference with privacy, family, home or correspondence, or to attack his honor and reputation. Everyone has the right to legal protection against such harassment or attack ".

Japanese

The Personal Information Protection Act was fully enacted in 2005 to protect the rights and interests of individuals while considering the usefulness of personal information. The law applies to business operators holding personal information of 5,000 or more individuals.

Kenya

Kenya does not currently have a strong public privacy protection law for its constituents. But in chapter 4 - The Bill of Rights and in the second part entitled "Fundamental Rights and Freedoms," the privacy of consul- tution is allocated its own part. There we see that the Kenyan government declares that all persons have the right to privacy, "... which includes the right not to have - (a) people, their homes or property being searched, (b) their possessions confiscated; relating to family or personal affairs unnecessary or disclosed, or (d) the privacy of their communications violated ". Now with that saying, even though this country gives its people the right to privacy, it seems there is no document out there that protects certain privacy laws of privacy laws. Regarding privacy laws relating to data privacy, like many African countries as expressed by Alex Boniface Makulilo, Kenya's privacy laws are far from the 'adequacy' standard of Europe. "Kenya is progressing." From today, laws that focus on specific sectors The following sectors are: communications and information, the Law relating to this is called Kenya's Information and Communications Act, this law makes it illegal for any licensed telecommunication operator to disclose or intercept information that may gain access through the use of the service by the customer The law also provides privacy protection in the use of the services provided by the company and if the customer information will be provided to a third party, it is obligatory that the customer be made aware of such exchanges and that some agreement form is reached, even if the person is a member of the family. This action also applies as far as protecting data for Ken yans especially for fraudulent use and other bad behavior. In addition, as a member of the United Nations, Kenya is bound by the Universal Declaration of Human Rights which states in article two "No one will experience arbitrary interference with privacy, family, home or correspondence, or to attack on his honor and reputation Everyone has the right to legal protection against such harassment or attack ".

Malaysia

After their independence from Britain in 1957, Malaysia's existing legal system was based primarily on English common law. The following common legal issues relate to the privacy of personal information and continue to play a role in Malaysia's legal system: breach of trust, defamation, malicious lies, and negligence. However, in recent years, the Court of Appeal in Malaysia has referred to the general law of the United Kingdom and instead sees other countries with the same colonial history and its written constitution is more similar to the Malaysian Constitution. Unlike courts in these other countries, such as the Supreme Court of India, the Malaysian Court of Appeals has not recognized the constitutional rights protected by privacy.

In June 2010, the Malaysian Parliament passed the Personal Data Protection Act of 2010, and it came into force in 2013. It outlines the seven Principles of Personal Data Protection that entities operating in Malaysia must comply with: General Principles, Principles of Notice and Choice, Principles of Disclosure, Security Principles, Retention Principles, Data Integrity Principles, and Access Principles. The law defines personal data as "'information relating to commercial transactions that relate directly or indirectly to the subject of data, identified or identified from that information or from it and other information."

An important contribution to general privacy legislation is the difference in the Act between personal data and sensitive personal data, which requires different protections. Personal data includes "information relating to commercial transactions... that relate directly or indirectly to the subject of data" while sensitive personal data includes "personal data consisting of information concerning physical or mental health or subject matter data, political opinions, religious beliefs or other beliefs of a similar nature. "Although the Act does not apply to information processed abroad, this law limits cross-border transfers of data from Malaysia to outside. In addition, the Act offers individuals the "right to access and repair personal data held by data users", "the right to withdraw consent to processing personal data", and "the right to prevent users of data from processing personal data for direct marketing purposes. "Penalties for violating the Personal Data Protection Act may include fines or even imprisonment.

Other common laws and business sector specific laws that exist in Malaysia to indirectly protect confidential information include:

• Official Acting Secrets 1972
• Communications and Multimedia Act 1998
• 2013 Financial Services Act
• Islamic Financial Services Act 2013
• Labuan Financial Services and Securities Act 2010
• Labuan Islamic Financial Services and Securities Act 2010
• The common legal duty of bank secrecy

Mexico

On July 5, 2010, Mexico enacted a new privacy package focused on maintaining private data by private entities. The key elements included are:

• The terms of all personal entities that collect personal data to publish their privacy policy in accordance with the law.
• Set a fine of up to $ 16,000,000 MXN in case of a law violation.
• Set a prison sentence for serious offenses.

New Zealand

In New Zealand, the Privacy Act 1993 establishes principles in relation to the collection, use, disclosure, security and access to personal information.

The introduction into the New Zealand common law of an offense which includes a breach of personal privacy at least by public disclosure of personal facts has been disputed at the Hosking v Runting and accepted by the Court of Appeal. In Rogers v TVNZ Ltd , the Supreme Court indicated that they felt anxious about how the tort was introduced, but chose not to interfere at that stage.

Complaints about privacy are considered by the Privacy Commissioner

Nigeria

The Constitution of the Federal Republic of Nigeria offers its constituents the right to privacy as well as the protection of privacy. The following may be found in the constitution relating to this: "The privacy of citizens, their homes, correspondence, telephone conversations and telegraph communications are hereby guaranteed and protected". In addition, as a member of the United Nations, Nigeria is bound by the Universal Declaration of Human Rights which states in article twelve "No one shall be subjected to arbitrary interference with privacy, family, home or correspondence, or to attack on his honor. reputation Everyone has the right to legal protection against such harassment or attack ". Nigeria is one of the few African countries to establish privacy laws. This is evident in the fact that Nine years later in 2008, the Security Security Bill and Cybersecurity were passed. This bill is responsible for the establishment of Cybersecurity and Information Protection Agency. The agency is tasked to prevent cyberattacks and regulate the information technology industry of Nigeria. Additional laws have been passed that are intended to prevent unauthorized disclosure of information and intercept some form of transaction with or without malicious intent.

Philippines

In Article III, Section 3, paragraph 1 of the Philippine Constitution of 1987, its hearers know that "The privacy of communications and correspondence is inviolable except under a legitimate court order, or when safety or public order requires otherwise as provided by law". Not only does this country give Filipinos the right to privacy, but it also protects the right of its people to privacy by attaching consequences to the offense. In 2012, the Philippines passed the Republic of Indonesia Act no. 10173 (Data Privacy Act of 2012). This action extends the privacy and legislation laws to apply to more than just an individual industry. This action also offers data protection belongs to people wherever it is stored, whether it's in private space or not. In the same year, cybercrime prevention law was passed. This law "is intended to protect and maintain the integrity of computer and communications systems" and prevent them from being abused. The Philippines not only has this law, but has also set aside an agent assigned to govern this privacy rule and ensure the punishment of offenders. Moreover, with the constitution, previous laws that have been ratified but in violation of the above law have been declared null and void. Another way the country has shown their dedication in executing this law also extends to the government sphere. In addition, as a member of the United Nations, the Philippines is bound by the Universal Declaration of Human Rights which states in article two "No one shall be subjected to arbitrary interference with privacy, family, home or correspondence, or to attack upon his honor and reputation Everyone has the right to legal protection against such harassment or attack ".

Russian

Applicable regulation:

1. Convention for the Protection of Individuals related to the Automatic Processing of Personal Data, signed and endorsed by the Russian Federation on December 19, 2005;
2. Russian Federation Act "About Personal Data" as of 27 July 2006 152-FZ, set up the processing of personal data with automation equipment. The operator must comply with the Act.

As a general rule, individual consent is required for processing, ie acquiring, organizing, collecting, holding, adjusting (updating, modifying), using, disclosing (including transfer), imitating, blocking or destroying personal data. This rule does not apply where such processing is required for contract performance, where an individual is a party.

• The principle of data protection and legislation in the Russian Federation (in English)
• On-line database of Russian law (in Russian)
• The Federal Service in overseeing the areas of communications, information technology, and mass media (in Russian)

Singapore

Singapore, like other Commonwealth jurisdictions, relies heavily on general law, and the law of trust is used for privacy protection cases. For example, privacy can be protected indirectly through various common lawsuits: defamation, infringement, harassment, negligence, and breach of trust. However, in February 2002, the Singapore government decided that the common law approach was inadequate for their emerging global technological economy. Thus, the National Internet Advisory Committee publishes the Model Data Protection Code for the Private Sector, which sets the standards for the protection of personal data and is affected by the EU Data Protection Directive and the OECD Guidelines on Privacy Protection. In the private sector, businesses can still choose to adopt the Model Code, but in 2005 Parliament decided that Singapore needed a more comprehensive legislative privacy framework.

In January 2013, the 2012 Personal Data Protection Act entered into force in three separate but related phases. The phase continued until July 2014 and dealt with the creation of a Personal Data Protection Commission, the national Do Not Call Registry, and general data protection rules. The general purpose of the Act "is to regulate the collection, use, and disclosure of personal data by organizations" while recognizing the right of individuals to control their personal data and legal needs of the organization to collect this data. It imposes eight obligations on organizations that use personal data: approval, goal limitation, notification, access, correction, accuracy, protection/security, and retention. The law prohibits the transfer of personal data to countries with lower privacy protection standards than those outlined in general data protection rules. The Private Data Protection Commission is responsible for enforcing the Act, which is primarily based on complaint-based systems. Penalties for violating the Act may include orders by the Commission to stop collecting and using personal data, to destroy data, or pay a fine of up to $ 1 million.

Singapore has also passed various sector specific laws that more indirectly address privacy and personal information, including:

• Banking Act
• Statistics Act
• Official Acting Secrets
• Legal Entities and Government Companies Act
• Central Provider Funds Act
• Telecommunication Law

There are also more specific actions for information stored electronically:

• Spam Control Act 2007
• Invite Electronic Transactions
• National Computer Council Act
• Computer Abuse Act

South Africa

The South African Constitution guarantees the most common privacy rights for all its citizens. It provides the ultimate protection for privacy of personal data so far.

Personal Protection Act 2013 (POPI) was signed into action, focusing on data privacy and inspired by other foreign national agreements such as the UK. Minimum requirements are presented in POPI for actions to process personal data, such as the fact that the subject of data must give consent and that the data will be useful, and POPI will become harder when it comes to transboundary international data transfers, especially with personal information. However, POPI will not be fully effective until an approximate date of 2018 as it is still being discussed by the Provincial National Council.

Recording of telephone and internet conversations is not allowed without permission from both parties with the Interruption Regulations of Communications and Terms of Related Communications Act (2002).

In addition, South Africa is part of the South African Development Community and the African Union.

Swedish

The Data Act is the world's first national data protection law and was enforced in Sweden on May 11, 1973. The law was subsequently superseded on October 24, 1998 by the Personal Data Act (Sw. Personnelgiftslagen ) implements the 1995 EU Data Protection Directive.

Switzerland

The primary law on the privacy of private data for the private and private sector in Switzerland is the Swiss Federal Protection Act, particularly the Data Protection Act, a specific part of the Swiss Federal Protection Act. The Data Protection Act has been enacted since 1992 and is responsible for measuring the approval of the sharing of personal data, along with other laws such as the Telecommunication Law and the Unfair Competition Law. The law generally guides on how to collect, process, store, data, use, disclose and destroy data. The Data Inspection Board is tasked with overseeing data breaches and privacy enforcement.

Personal data must be protected from illegal use by "processed in good faith and should be proportional". Also, the reasons for the transfer of personal data should be known at the time of data transfer. Data unrelated to person (not personal data) is not protected by Data Protection Law.

In the case of data transfer to unsafe data protection countries, these are the main rules required by the Data Protection Act:

• Need a live channel for data transfer
• Each case must have approval from the data recipient
• Disclosures are publicly accessible

Switzerland is a whitelisted country, meaning that the country has the right level of data protection under the supervision of the European Commission (EU Commission). Switzerland is not under the EU 95/46 EC Data Protection Directive. However, data protection regulations are sufficient under European Union (EU) regulations without being a member of the European Union.

In addition, Switzerland is part of the Council of Europe and the Organization for Economic Cooperation and Development.

The Swiss Data Control Board is a member of the International Conference on Data Protection and Privacy Commissioner, European Data Protection Authority, Working Party Article 29 of the European Union, and Nordic Data Protection Authority.

Chinese Republic

The right to privacy is not explicitly mentioned in the Constitution of the Republic of China, but it can be protected indirectly through judicial interpretation. For example, article 12 of the Constitution states "people will have the freedom of secrecy of correspondence" while Article 10 states "people will have freedom of residence and residence change." Together with other articles that assert the Constitution's protection of the freedom and the rights of the people, the Grand Judge may decide how to protect privacy in accordance with the legal system. Judges first refer to privacy as a protected right in the "Interpretation of the Council of Justice of 1992" No. 293 on Disputes Concerning the Rights of the Borrower, "but it is not directly or explicitly stated as a right.

In 1995, Taiwan passed a Personal Computer Processed Protection Act that was affected by the OECD Guidelines and enforced by each separate Ministry depending on the responsibilities of their industrial sector. It only protects personal information managed by certain government agencies and industries. In 2010, Taiwan enacted a Personal Data Protection Act that sets more comprehensive guidelines for the public and private sectors and is still enforced by each of the Ministries. In the 2010 Act, personal data is protected and defined as "sufficient data to, directly or indirectly, identify the person", and includes data such as name, date of birth, fingerprint, occupation, medical record, and financial status, many others.

Some other administrative laws also relate to the protection of personal communication-specific privacy:

• Telecommunications Law
• Communications Protection and Surveillance Act

In addition, chapter 28 of the Criminal Code outlines penalties for privacy violations in articles 315, sections 315-1 and 315-2. This section deals primarily with issues of search and seizure and criminal penalties for wrongful privacy violations.

Finally, articles 18 (I), 184 (I), and 195 (I) of the Civil Code of Taiwan deal with "privacy rights" for privacy and the right to compensation when someone hurts the "rights" of others, such as when someone uses another person's name illegal.

Thai

The unique history of Thailand as an authoritarian buffer state during the Cold War and being under constant threat of coup d'etat means that privacy laws have so far been restricted to safeguarding national security and public safety. Thailand uses bureaucratic oversight to safeguard national security and public safety, which explains the 1991 Civil Registration Act authorized to protect personal data in computerized data recording and processing by the government.

The legislature passed the 1997 Official Information Act to provide basic data protection by limiting private data collection and retention in the public sector. It defines personal information in a national context in relation to state institutions. Two laws relating to communication technology, the Electronic Transaction Act 2001 and the 2007 Computer Crimes Act, provide some data privacy protections and enforcement mechanisms. However, Thailand still does not have laws explicitly addressing privacy security.

Thus, with the need for a more general and comprehensive data protection law, the legislature submitted a Personal Data Protection Bill in 2013, which is heavily influenced by the OECD Guidelines and EU Directives. The bill is still under evaluation and the date of ratification has not been completed.

United Kingdom

As a member of the European Convention on Human Rights, the United Kingdom embraces Article 8 of the European Convention on Human Rights, which guarantees the "right to respect the privacy and family life" of the State party, subject to such restrictions as are prescribed by law and necessary in a democratic society to the destination legitimate.

However, there is no independent tort legal doctrine that recognizes the right to privacy. This has been confirmed on several occasions.

• Kaye v Robertson
• Wainwright v Home Office

United States

The right to privacy is not explicitly stated elsewhere in the Bill of Rights. The idea of ​​privacy rights was first discussed in the legal context in the United States. Louis Brandeis (later Supreme Court justice) and other young lawyer, Samuel D. Warren, published an article entitled "The Right to Privacy" in the Harvard Law Review in 1890 on the grounds that the United States Constitution and general law is allowed for the reduction of public "privacy rights".

Their project has never been entirely successful, and the renowned tortist and Dean College of Law at the University of California, Berkeley, William Lloyd Prosser argues that "privacy" consists of four separate claims, the only unifying element that is (vague) " right left alone ". The four lawsuits are:

• Fill the plaintiff's identity for the interests of the defendant
• Placing a claimant in a false light in the public eye
• Openly disclose personal facts about the plaintiff
• Unreasonably interferes with the alienation or solitude of the plaintiff

One central privacy policy on minors is the Children's Online Privacy Protection Act (COPPA), which requires children under the age of thirteen to obtain parental consent before entering any personal information online.

For additional information about Privacy laws in the United States, see:

• Portability of the Health Insurance and Accountability Act (HIPAA)
• The Law on Modernization of Financial Services (GLB), 15 US Code Ã,§Ã,§ 6801-6810
• The Final Rule of Privacy of Consumer Financial Information, 16 Federal Rules, Section 313
• Fair Credit Reporting Act (FCRA), 15 US Codes Ã,§Ã,§ 1681-1681u
• Fair Debt Collection Practice Act (FDCPA), 15 US. Ã,§Ã,§ 1692-1692
• Driver Privacy Protection Act (DPPA), 18 U.S.C. Ã,§Ã,§ 2721-2725
• Clinger-Cohen Act of 1996
• Computer Fraud and Abuse Act of 1986
• E-Government Act of 2002

Uzbekistan

Although the right to privacy exists in some regulations, the most effective privacy protection comes in the form of constitutional articles of Uzbekistan. Different aspects of the right to privacy are protected in different ways by different situations.

Vietnamese

Vietnam, which does not have a general data protection law, relies on Civil Code rules relating to the protection of personal data. Specifically, the Code "protects information related to one's personal life." The 2006 Law on Information Technology protects personal information, such as names, professions, phone numbers, and email addresses, and states that organizations can only use this information for "the right purpose". But the law does not define what qualifies as appropriate. The 2005 Electronic Transactions Act protects personal information during electronic transactions by banning organizations and individuals from disclosing "any or all of the information relating to personal and personal matters... without prior agreement." The 2010 Law on Consumer Protection Protection provides further protection for consumer information, but does not define the scope of the information or establish a data protection authority; In addition, it applies only in the private sector.

In 2015, Vietnam's legislature introduced the Information Security Act, which ensures better security and protection of information online and in the user's computer software. It came into effect on 1 July 2016 and is Vietnam's first comprehensive data protection law.

Country without an official data privacy law

Resources

src: s16315.pcdn.co

See also

• Data Protection Act 1998 (United Kingdom)
• Data Protection Guidelines (European Union)
• Data protection and privacy legislation (Russia)
• Electronic Communications Privacy Act (United States)
• General Data Protection Regulations (EU)
• Global Privacy Enforcement Network
• Privacy Information
• Information Privacy Act
• Personality rights
• Privacy Act of 1974 (United States)
• Privacy Act 1988 (Australia)
• The right to be forgotten

src: delfinomadden.com

References

src: www.latimes.com

External links

• International Compliance 2014 on the Data Privacy Law, provided by BakerHostetler
• Handbook on European data protection legislation

Source of the article : Wikipedia