5.1 Discussion: Data Privacy Considerations

5.1 Discussion: Data Privacy Considerations

5.1 Discussion: Data Privacy Considerations

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The European Union legislation called the “General Data Protection Regulation” (GDPR) provides data privacy protections for consumers and has had a major impact on companies around the world.

In your initial post, address two of the three bulleted questions below.

• What are the general requirements and major impacts of the GDPR, and how does this law differ from data protection legislation in the United States?
• How do perspectives on the GDPR differ between consumers and businesses? Do perspectives vary by industry?
• Do you think there should be one data privacy law for the entire world?
  

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Balance your discussion by weighing the benefits to international companies with your knowledge of the differences in culture, politics, and government around the world and the importance of the sovereignty of countries.

In your responses to two of your peers, address whether you agree or disagree with your peer’s opinion and whether there should be global data privacy legislation.

1.

By: Jessica Woolard

What are the general requirements and major impacts of the GDPR, and how does this law differ from data protection legislation in the United States?

GDPRs general requirements are the business must be compliant with the seven key principles and they must follow individual rights regarding data privacy and protection. (GDPR EU, 2022) rrr seven key principles include consent, contract, legal obligation, vital interests, public task, and legitimate interests. (GDPR EU, 2022) individual rights include the right to be informed, right of access, right to rectification, right to erasure, right to data portability, right to object, right to automated decision making including profiling, and the right to restrict processing. “Data privacy and data protection being key themes of the GDPR if an organization collects or processes any personal data, including electronic information such as cookies, then they will need to take action to ensure the rights of the individual are protected. (GDPR EU, 2022 Paragraph 7)” The GDPR differs from the US legislation because each state mandates it own data privacy laws. (Aleksandr, n.d.) There is not a specific law that mandates the US therefore each state has different rules, regulations, and compliance factors that must be upheld. (Aleksandr, n.d.) Many states are following California’s model however, “other states going their own way with an eye fixed on the EU and its strict prior consent model (like Oklahoma’s OCDPA). (Aleksandr, n.d, Paragraph 53)”

Do you think there should be one data privacy law for the entire world?

I do believe there should be one data privacy law for the entire world because the amount of data that is available at just a click of a button puts everyone at risk. It needs to be regulated all the same by one entity for the entire world to ensure all data is handled the same and the rules apply to everyone. It also ensures that everyone has held accountable for their actions and the same punishment for the same crime across the board.

References:

1. Aleksandr. (n.d.). US Data Privacy Laws: Virginia’s VCDPA.             Cookiebot. Retrieved January 30,2023, from                              https://www.cookiebot.com/en/us-data-privacy-laws/?        utm_source=bing&utm_medium=cpc&utm_campaign=prioritized-specific&utm_device=c&utm_term=us+data+privacy+laws&utm_content=specific-us-data-privacy-law&matchtype=e&msclkid=0a65929ef1aa1a0dacf8f1491f840e03

 

1. GDPR requirements – quick guide on principles & rights.             GDPR EU. (2022, November 9).Retrieved January 30,               2023, from https://www.gdpreu.org/gdpr-requirements/

2.

By: Keith Townsend

Hello class. Protection of data is extremely important in today’s world, and I am constantly amazed at some of the headlines reporting hacks and fraud.  I have chosen two of the three bullet points as follows.

 What are the general requirements and major impacts of the GDPR, and    how does this law differ from data protection legislation in the United States?

The GDPR is a large, powerful law designed to protect consumer data. Established in 2018 for the European Union. The general requirements follow but please realize there are multiple steps to the specific process both from the corporation side and the consumers. It gives consumers more rights and protections of their personal data from any company operating in the E.U. The consumer must give deliberate intent to share personal data. Upon a breach, a company has 72 hours to notify authorities. (Horizon,2020) All companies that conduct business with an E.U. member is subject to GDPR laws. (CNBC) Some major impacts are massive fines when found not in compliance. The GDPR is also very complex. Most large multinational companies will be able to afford to operate within its guidelines, the burden will be on the small, mom and pop companies. The U.S. is quite different in their approach to data protection regulations. Thus far, it has been up to the states and is not uniform. California seems to have the most stringent laws due to the Cambridge Analytica scandal. (CNBC)

Do you think there should be one data privacy law for the entire world?

It seems our federal government is divided on the issue of data protection laws. I think the best and easiest process is to adopt GDPR and go worldwide. They have the blueprint, and we would not have to reinvent the wheel. This may not be popular here in the U.S. or elsewhere, but most of the large multinational institutions conduct business in the E.U., therefore they are subject to GDPR and are set up to handle it. Having two sets of foreign data protection laws would be a costly nightmare in my opinion. So, I do think there should be one data privacy law and regulatory body.

References: 

CNBC reports: N.D. Elizabeth Shultze. GDPR: Could Europe’s massive privacy laws go global? CNBC International

Horizon 2020. Complete Guide to GDPR compliancy. GDPR.U Framework programme of the E.U. Proton. AG.