Personal Privacy PII & PPI Regulative Landscape In the US - Market Review

Executive Summary

The report provides an overview of the current regulatory landscape surrounding the protection of personal information (PII) in the United States and the European Union. It covers various federal and state laws, as well as international standards and guidelines, which govern the collection, use, and dissemination of PII. The report also examines the different approaches to PII protection in the US and EU and the implications of these approaches for companies operating in the global economy.?

One of the key laws discussed in the report is the General Data Protection Regulation (GDPR), which is the EU's comprehensive data privacy legislation. The GDPR gives EU citizens more control and access to their personal data and is widely considered to be the world's first comprehensive data privacy legislation. In contrast, the United States does not have a comprehensive federal data privacy law, but some states like California have enacted their own data privacy regulations. This report argues that federal data privacy legislation like the GDPR would benefit the industry and provide consumers with uniform rights over their personal information.?

Another important law discussed in the report is the Health Insurance Portability and Accountability Act (HIPAA), which is a federal law that regulates the use and disclosure of protected health information (PHI) in the United States. The report also covers the Gramm-Leach-Bliley Act (GLBA), which is a federal law that aims to protect the privacy of consumers' financial information, and the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which are state laws that give California residents greater control over their personal information.?

The report also discusses other important regulations and standards, such as the Federal Risk and Authorization Management Program (FedRAMP), which is a government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services, and the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF), which is a framework of standards, guidelines, and best practices for managing cybersecurity risks.?

The report concludes with a discussion of the need for federal data privacy legislation in the United States, as well as the benefits that such a law would provide to the industry and consumers. The report also highlights the importance of international cooperation in the development of cybersecurity standards and guidelines and the role of the National Institute of Standards and Technology (NIST) in this regard.?

Five questions this report will address:

1. What is the current state of PII regulations in the United States and the European Union?

2.?How does the EU's General Data Protection Regulation (GDPR) and the United States patchwork of laws differ in terms of PII protection?

3. How do organizations such as NIST and FedRAMP promote and enforce data privacy standards?

4.?What are the benefits of federal data privacy legislation in the United States?

5.?How can companies ensure compliance with current data privacy regulations?

To stay ahead of the competition, companies need to have a strong understanding of the data privacy regulations that apply to them and ensure compliance with these laws. Webintelligency's Market Research & Competitive Intelligence services can help companies broaden their understanding of the regulatory landscape and identify potential risks and opportunities. With our expert analysis, companies can make informed decisions and outcompete their rivals.?

Conceptual Landscape?

The concept of privacy can be defined as the ability of an individual to control who has access to their personal information and how that information is used and disclosed. Privacy is often associated with the idea of personal autonomy, or the ability of an individual to make their own decisions about their personal affairs without interference from others.?

Privacy is a complex and multifaceted concept, and it has been the subject of legal and philosophical debates for centuries. In the modern era, privacy has been recognized as a fundamental human right and is protected by various laws and regulations around the world. In the United States, the right to privacy is protected by the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures, and by various federal and state laws that regulate the collection, use, and disclosure of personal information.?

The ethical considerations surrounding privacy are varied and complex. On the one hand, privacy is often seen as an essential component of individual freedom and autonomy, and it is a fundamental human right. On the other hand, privacy can also be used to facilitate wrongdoing and undermine social norms, and there may be circumstances in which it is necessary to limit privacy to protect the greater good.?

In general, the ethical considerations surrounding privacy center on the balance between an individual's right to privacy and the broader social or public interests at stake. This balance can be difficult to strike, and it often depends on the specific context and the specific interests at stake.?

The protection of PII is important because it helps to ensure that individuals have control over their personal information and how it is used and disclosed. With the proliferation of the internet and the widespread use of digital devices, it is easier than ever for companies and other organizations to collect and use personal information. This has led to concerns about the potential misuse or abuse of personal information, including the potential for data breaches, identity theft, and other types of privacy violations.?

there is a difference between private personal information (PPI) and personal identifiable information (PII). PPI refers to any information that can be used to identify an individual and that is considered private or sensitive. This can include information such as a person's name, address, telephone number, email address, and social security number, as well as more sensitive information such as medical records, financial information, and personal preferences. PPI can be used to identify an individual but is not necessarily linked to a specific individual and does not provide enough information to contact or identify an individual.?

PII, on the other hand, is a subset of PPI and refers to information that can be used to specifically identify an individual, such as name and Social Security number, driver's license number, passport number, credit card numbers, etc. The term PII is more commonly used in the context of government regulations and information security, as the PII is considered the most sensitive information that companies and government agencies manage, and it is necessary to protect and secure it very well.

So, both PPI and PII refer to information about individuals, but PII is a specific type of information that can be used to identify an individual.?

The State of Data 2022 report[1]?from the Interactive Advertising Bureau (IAB) examines the impact of changes in privacy legislation, the deprecation of third-party cookies and identifiers, and platform policies on data collection, addressability, measurement, and optimization. The report highlights that as Google postponed the deprecation of third-party cookies until 2024, the market has already lost 50-60% of the signal fidelity from third-party identifiers due to actions from other platforms like Apple and Firefox. This, coupled with impending changes to the regulatory landscape, necessitates an immediate re-evaluation of the ecosystem. As updates to California’s privacy law take effect, new laws come online in Colorado, Virginia, Utah, and Connecticut, and more states and international bodies roll out new legislation, marketers are being forced to re-imagine their data strategies, along with their overall customer relationship management ecosystem.?

The report notes that industry solutions for addressability and measurement that focus on privacy-by-default, while also complying with disparate state privacy laws, will be table stakes for this new landscape from a compliance and regulatory standpoint. The report also highlights that changes to existing and new privacy laws will advance consumer rights and therefore the business requirements regarding targeted advertising, measuring the effectiveness of ad campaigns, using sensitive data for segmentation, measurement, research, or other purposes, and passing consumer preferences and requests through the ad industry supply chain.?

The report concludes by stating that the vitality of the entire digital media economy as it operates today is at stake and that few of the senior-level data decision-makers across brands, agencies, and publishers interviewed for the study seemed truly prepared for ongoing data privacy legislation changes and the effect that these impending laws, and platform and browser changes, will have on their businesses.?

To address these concerns, governments around the world have enacted laws and regulations that seek to protect PII and give individuals greater control over their personal information. These laws can help to prevent the misuse or abuse of personal information and can provide individuals with recourse if their privacy is violated. They can also help to ensure that companies and other organizations are transparent about how they manage personal information and are accountable for their actions.?

There are some laws, acts, and regulations that specifically address the protection of personally identifiable information (PII), while others address the protection of private personal information (PPI) more generally.?

For example, some laws and regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Financial Institutions Examination Council (FFIEC) guidelines, and the Federal Trade Commission's (FTC) Red Flags Rule specifically require the protection of PII such as Social Security numbers, financial account numbers, and driver's license numbers.?

On the other hand, other laws, and regulations such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) address the protection of PPI more generally, and cover a wide range of information, including PII but also other types of information such as browsing history, location data, and personal preferences.?

Additionally, the differences between PII and PPI are not only related to the types of data they protect but also the severity of the consequences of data breaches of these types of information. PII breaches can have far more profound consequences, like identity theft and fraud, than breaches of PPI. Therefore, most laws and regulations require higher levels of protection for PII than for PPI.?

Finally, PII and PPI are related but not the same, some laws and regulations specifically target PII, others address PPI more generally and others cover both types of information.?

It is evident that the concept of privacy is complex and multifaceted, and it involves ethical considerations about the balance between individual freedom and the broader social or public interests at stake. Protecting PII is important because it helps to ensure that individuals have control over their personal information and how it is used and disclosed, and it can help to prevent the misuse or abuse of personal information.?

Timeline outlining the evolution of the concept of privacy and the protection of Personal Identifiable Information (PII):

• 1628: The British lawyer and politician Sir Edward Coke publish "The Institutes of the Lawes of England," in which he states that "the house of everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose." This statement is often seen as one of the earliest articulations of the concept of privacy.?
• 1761: The British jurist William Blackstone publishes "Commentaries on the Laws of England," in which he states that "the law of nature would, indeed, have permitted any individual to do whatever he pleased, however prejudicial to the rest of society. But the law of society, or, in other words, the law of the land, restrains him from doing any injury to his fellow citizens." This statement reflects the idea that privacy is a social construct and is subject to legal limits.
• 1890: The US Supreme Court issues its decision in Union Pacific Railroad Co. v. Botsford, in which it recognizes the right to privacy as a "right of personal security" that is protected by the Fourth Amendment to the Constitution.
• 1965: The US Supreme Court issues its decision in Griswold v. Connecticut, in which it recognizes a constitutional right to privacy that is based on the "penumbras" of other constitutional rights.
• 1974: The US Congress passes the Privacy Act of 1974, which regulates the collection, use, and disclosure of personal information by federal agencies.
• 1988: The US Congress passes the Video Privacy Protection Act (VPPA), which regulates the collection, use, and disclosure of personal information related to the rental or purchase of videotapes or other audio-visual materials.
• 1996: The US Congress passes the Health Insurance Portability and Accountability Act (HIPAA), which regulates the collection, use, and disclosure of personal health information.
• 1998: The EU adopts the Data Protection Directive, which regulates the collection, use, and disclosure of personal information by companies that do business in the EU.
• 2018: The EU adopts the General Data Protection Regulation (GDPR), which strengthens and expands upon the Data Protection Directive and gives individuals new rights related to their personal information.
• 2020: The state of California enacts the California Consumer Privacy Act (CCPA), which regulates the collection, use, and disclosure of personal information by businesses that do business in California and that meet certain thresholds for annual revenue, number of consumer records, or data collection.?

According to Statista data[2], the effects of data breaches on the United States society are significant and far-reaching. In the first half of 2022 alone, there were a total of 817 data compromise cases, affecting over fifty-three million individuals. Data compromise can include data breaches, data leakage, and data exposure, all of which result in sensitive personal information being accessed by unauthorized parties.

Certain industries are particularly vulnerable to data breaches, including healthcare, financial services, and manufacturing. In 2021, these sectors saw a significant increase in the number of data breaches recorded. For example, the financial sector saw a two-fold increase in data compromise between 2020 and 2021, while the number of data breaches in the manufacturing sector tripled.

One of the largest data breaches to date occurred in 2013 when hackers stole user information associated with at least one billion Yahoo accounts. The full impact of this breach was not fully realized until 2017 when it was revealed that three billion accounts had been compromised. The medical and business sectors have consistently been among the most affected by data breaches, with the business industry accounting for most of all exposed records since 2016.

The financial cost of data breaches is also significant for affected companies. In 2020, large enterprises with over one thousand employees were the hardest hit by cyber-attacks, with each incident costing an average of $500,000. For large companies with less than one thousand employees, the average cost per attack was $133,000. These costs can have a significant impact on a company's bottom line and can also affect the trust and confidence of consumers in the affected organizations.

The Regulative Landscape?

The regulation of Personal Identifiable Information (PII) in the United States has evolved over time, and it is governed by a complex and sometimes overlapping web of federal and state laws.

One of the earliest federal laws to address PII in the US was the Privacy Act of 1974, which regulates the collection, use, and disclosure of personal information by federal agencies. This law requires federal agencies to protect the privacy of individuals and to be transparent about how they manage personal information.

In addition to the Privacy Act, there are several other federal laws that regulate PII in specific contexts. For example, the Health Insurance Portability and Accountability Act (HIPAA) regulates the collection, use, and disclosure of personal health information, and the Gramm-Leach-Bliley Act (GLBA) regulates the collection, use, and disclosure of financial information. The Children's Online Privacy Protection Act (COPPA) regulates the collection, use, and disclosure of personal information from children under thirteen, and the Fair Credit Reporting Act (FCRA) regulates the collection, use, and disclosure of credit information.

At the state level, there are also several laws that regulate PII. Some states, such as California, have enacted comprehensive privacy laws that apply to businesses operating in the state, while other states have laws that regulate specific types of personal information or that apply to specific industries.?

Private individuals and companies can be accused of violating PII laws in a variety of ways. Some examples of accusations that might be made in a PII lawsuit include:

· Collecting, using, or disclosing personal information without the consent of the individual

·?Failing to provide appropriate safeguards to protect personal information.

·?Failing to disclose data breaches or other incidents that expose personal information.

·?Using personal information for purposes other than those for which it was collected.

·?Failing to honor requests by individuals to access, correct, erase, or restrict the processing of their personal information

PII lawsuits can be brought in a variety of courts, including federal courts, state courts, and administrative courts. The specific court that hears a PII lawsuit will depend on the area in which the lawsuit is brought and the laws that are at issue.?

Some examples of significant PII lawsuits in the US include:?

In Google Inc. Cookie Placement Consumer Privacy Litigation: This was a class action lawsuit that was brought against Google in 2010. The plaintiffs in the case alleged that Google had placed cookies on the computers of Safari users without their consent, in violation of the federal Wiretap Act and various state privacy laws. The case was eventually settled, with Google agreeing to pay $22.5 million to the plaintiffs.?

In Facebook, Inc., Cambridge Analytica Litigation: This was a consolidated class action lawsuit that was brought against Facebook and Cambridge Analytica in 2018. The plaintiffs in the case alleged that Facebook had improperly shared the personal information of millions of users with Cambridge Analytica, which used the information to create targeted political advertisements. The case is ongoing.?

In Google Inc. Gmail Litigation: This was a class action lawsuit that was brought against Google in 2013. The plaintiffs in the case alleged that Google had violated the federal Electronic Communications Privacy Act and various state privacy laws by scanning the contents of their emails for the purpose of delivering targeted advertisements. The case was eventually settled, with Google agreeing to pay $17 million to the plaintiffs.?

In AOL LLC Customer Data Security Breach Litigation: This was a consolidated class action lawsuit that was brought against AOL in 2006. The plaintiffs in the case alleged that AOL had failed to adequately protect the personal information of its users, resulting in a data breach that exposed the names, addresses, and other personal information of tens of millions of AOL users. The case was eventually settled, with AOL agreeing to pay $5 million to the plaintiffs.?

In Target Corporation Customer Data Security Breach Litigation: This was a consolidated class action lawsuit that was brought against Target in 2014. The plaintiffs in the case alleged that Target had failed to adequately protect the personal information of its customers, resulting in a data breach that exposed the names, addresses, and credit card information of tens of millions of Target customers. The case was eventually settled, with Target agreeing to pay $10 million to the plaintiffs.?

And finally, here is a quick reminder of how the judicial system of the United States is organized. The judicial system of the United States consists of two main tiers: the federal courts and the state courts.?

The federal courts are responsible for interpreting and applying federal laws, as well as hearing cases involving the federal government or disputes between parties from different states. The federal court system is headed by the Supreme Court of the United States, which is the highest court in the land and is responsible for interpreting the Constitution and other federal laws. Below the Supreme Court are the courts of appeals, which hear appeals from the district courts, and the district courts, which are the trial courts of the federal system.?

The state courts are responsible for interpreting and applying state laws, as well as hearing cases involving parties from within the same state. The structure of the state court systems varies from state to state, but most states have a hierarchy of courts that includes a supreme court, a court of appeals, and trial courts.?

In addition to the federal and state courts, there are also specialized courts that manage specific types of cases, such as bankruptcy courts, tax courts, and military courts.?

Businesses Obligations and compliance?

In the United States, both businesses and government agencies are required to protect the private personal information (PII) of individuals and to comply with various laws and regulations that regulate the collection, use, and disclosure of PII.

In the business sector, the specific laws and regulations that apply to the handling of PII will depend on the industry in which the business operates and the types of personal information that it collects and uses. For example, businesses in the healthcare industry are subject to the Health Insurance Portability and Accountability Act (HIPAA), which regulates the collection, use, and disclosure of personal health information. Financial institutions are subject to the Gramm-Leach-Bliley Act (GLBA), which regulates the collection, use, and disclosure of financial information. And companies that collect and use personal information from children under thirteen are subject to the Children's Online Privacy Protection Act (COPPA).

In addition to these federal laws, businesses may also be subject to state laws that regulate PII. Some states, such as California, have enacted comprehensive privacy laws that apply to businesses operating in the state, while other states have laws that regulate specific types of personal information or that apply to specific industries.

Government agencies are also generally required to protect the PII of individuals and to comply with various laws and regulations that regulate the collection, use, and disclosure of PII. The Privacy Act of 1974 is a federal law that regulates the collection, use, and disclosure of personal information by federal agencies. In addition to the Privacy Act, there are also various other federal laws that regulate the handling of PII by government agencies in specific contexts, such as the HIPAA and the GLBA.

The main justification for businesses and government agencies to comply with PII regulations is to protect the privacy of individuals and to ensure that personal information is collected, used, and disclosed in a responsible and transparent manner. PII regulations help to ensure that businesses and government agencies respect the privacy of individuals and that they manage personal information in a way that is consistent with the expectations and preferences of those individuals.

In addition to protecting the privacy of individuals, compliance with PII regulations can also have other business benefits. For example, compliance with PII regulations can help to build trust with customers and clients, which can in turn lead to increased customer loyalty and improved business performance. Compliance with PII regulations can also help businesses to avoid legal risks, such as the risk of being sued for violating PII laws.

There are many ways in which companies (both in the business and government sectors) can gather and store private personal information (PII). Some common methods for gathering PII include:

• Online forms and surveys: Companies often gather PII through online forms and surveys that are completed by individuals. For example, a company might ask individuals to provide their name, email address, and other contact information to sign up for a newsletter or to create an account on the company's website.
• Social media: Companies can also gather PII from social media platforms, such as Facebook and Twitter. For example, a company might gather information about an individual's interests, relationships, and activities from their social media profiles.
• Cookies and tracking technologies: Companies can also gather PII using cookies and other tracking technologies. Cookies are small text files that are stored on an individual's computer when they visit a website. Tracking technologies, such as web beacons and pixels, can be used to gather information about an individual's online activities.
• Public records: Companies can also gather PII from public records, such as voter registration lists, property records, and court records.

Once PII has been gathered, it must be stored in a secure manner. There are many different technologies that can be used to store PII, including:

• Databases: Many companies store PII in databases, which are large collections of data that are organized and structured for easy access and analysis. Databases can be stored on a company's own servers or in the cloud.
• Encryption: Encryption is a technique that is used to protect data from being accessed by unauthorized parties. Encryption involves converting data into a code that can only be decrypted with a special key.
• Access controls: Access controls are used to restrict access to PII to authorized individuals only. Access controls can include passwords, biometric authentication, and other security measures.
• Network security: Network security measures, such as firewalls and intrusion detection systems, can be used to protect PII from being accessed by unauthorized parties over the internet.

While the methods of gathering and storing private personal information (PPI) and personal identifiable information (PII) may be similar in some cases, there are certain differences in how these types of information are typically managed.?

When it comes to gathering PPI, the methods may include online forms, surveys, social media, cookies and tracking technologies, and public records. PII is gathered in a similar way, but because it is considered more sensitive, there are more regulations in place to protect it, for example, it can be restricted to gather sensitive PII such as Social Security numbers, unless it is necessary for a specific purpose. Companies gathering PII typically must disclose their information collection practices and obtain consent from individuals before collecting their PII.?

When it comes to storing PII, the methods may include databases, encryption, access controls, and network security. Because PII is considered more sensitive than PPI, companies typically implement stricter security measures when storing PII. The data must be encrypted both when stored and when in transit, and access to the data is usually restricted to a smaller number of authorized individuals. Additionally, companies are often required to perform regular security audits and to have incident response plans in place in case of a data breach.?

Another essential aspect to consider is data retention, most regulations require companies to retain PII only for a specific period or until the data is no longer needed for the purpose it was collected. And if it is no longer needed it must be erased or anonymized to protect individuals' identities.

In summary, while the methods of gathering and storing PPI and PII may be similar, there are significant differences in how these types of information are managed, as PII is considered more sensitive and requires more strict security measures and regulations to be in place. This includes obtaining consent for the collection, using encryption for storage and transit, restricting access to a small group of authorized individuals, regular security audits and incident response plans, and retention of PII for a specific period.?

It is important for companies to protect PII from leaking, as the unauthorized disclosure of PII can have profound consequences for individuals and for the company itself. Some common methods for protecting PII from leaking include:

• Data breaches: A data breach is an unauthorized access to or disclosure of PII. Companies can protect PII from data breaches by implementing strong security measures, such as encryption, access controls, and network security.
• Employee training: Companies can also protect PII from leaking by training employees on how to manage PII responsibly and by implementing policies and procedures for handling PII.
• Third-party vendors: Companies that collaborate with third-party vendors, such as contractors or service providers, should ensure that these vendors have appropriate security measures in place to protect PII.?

Here are two examples?of major private personal information (PPI) breaches that had significant consequences for the companies involved:?

Marriott International: In 2018, Marriott International announced that it had suffered a data breach that exposed the PII of up to five hundred million guests. The breach, which was discovered in November 2018, had occurred in the reservation system of the company's subsidiary, Starwood Hotels & Resorts, and had gone undetected for more than four years. The PPI that was exposed included names, addresses, phone numbers, passport numbers, and credit card information. The breach had significant consequences for Marriott, as the company faced numerous lawsuits, regulatory investigations, and a decline in stock price.?

Yahoo!: In 2013 and 2014, Yahoo! suffered two separate data breaches that exposed the PPI of all three billion of its user accounts. The breaches, which were discovered in 2016, had occurred in 2013 and 2014 and had gone undetected for years. The PPI that was exposed included names, email addresses, dates of birth, security questions and answers, and in some cases, passwords. The breaches had significant consequences for Yahoo!, as the company faced numerous lawsuits, regulatory investigations, and a decline in user trust. In 2017, Yahoo! agreed to pay a $35 million fine to the US Securities and Exchange Commission to settle charges related to the data breaches.?

These examples illustrate the significant consequences that can result from PPI breaches. PPI breaches can have significant financial, legal, and reputational consequences for companies, and it is important for companies to act appropriately to protect PPI from unauthorized access or disclosure.?

Here are two examples?from recent years, of companies that suffered great damage due to PII breaches.?

Capital One: In 2019, Capital One Financial Corp. suffered a data breach that exposed the PII of approximately one hundred million individuals, including names, addresses, Social Security numbers, birth dates, and in some cases, credit score and account balances. The breach had significant consequences for Capital One, as the company faced multiple lawsuits and regulatory fines.?

Zoom: In 2020, the video conferencing platform Zoom suffered several data breaches that exposed the PII of thousands of users. These breaches resulted in the leak of users' personal information, such as email addresses, photos, and meeting transcripts. Zoom faced regulatory fines and multiple class-action lawsuits because of these breaches.?

According to the IT Governance Q1 2022 report on data breaches, it is evident that every sector in business and social organizations suffers from some kind of data breach.[3]?

?The Technology Aspects

The Omnichannel trend refers to the integration of multiple channels of communication and interaction, such as in-store, online, mobile, and social media, to provide a seamless and consistent customer experience across all channels. Omnichannel business solutions are designed to help companies manage and optimize their interactions with customers across all channels, with the goal of improving customer engagement and retention, and increasing sales and revenue.?

One of the main opportunities of Omnichannel solutions is the ability to provide a more personalized and customized experience for customers. By collecting and analyzing data from multiple channels, companies can gain a deeper understanding of customer preferences and behavior and use this information to tailor their interactions and offers to individual customers. This can lead to increased customer satisfaction, loyalty, and retention.

Another opportunity is the ability to improve customer service and support. Omnichannel solutions can enable companies to provide a more consistent and efficient customer service experience across all channels, through features such as unified customer profiles, real-time chat and messaging, and automated self-service options.

On the other hand, Omnichannel solutions also pose some threats to PII and PPI. One of the main threats is the potential for data breaches and data misuse. As companies collect and store more customer data across multiple channels, the risk of data breaches and data misuse increases, particularly if proper security measures are not in place. In addition, the use of customer data for targeted marketing and advertising can also raise concerns about privacy and data protection.

Another threat is the risk of data silos and data inconsistencies. Omnichannel solutions can be complex and difficult to implement, and companies may struggle to integrate data from multiple channels and systems in a way that is consistent and accurate. This can lead to data silos, where customer data is stored in separate systems and not properly integrated, and data inconsistencies, where customer data is not accurate or up to date.

In summary, Omnichannel solutions offer many opportunities for businesses to improve customer engagement and retention, increase sales and revenue, and provide a more personalized and customized experience for customers. However, they also pose several threats to PII and PPI such as data breaches, data misuse, data silos, and data inconsistencies.

?Another tech related to PII is Cloud solutions. It refers to the delivery of computing services, including storage, software, and databases, over the internet. When it comes to PII and PPI, cloud solutions can present both opportunities and threats. One of the main opportunities is the ability for organizations to store and process substantial amounts of data at a low cost. This can be especially beneficial for small and medium-sized businesses that may not have the resources to invest in expensive on-premises infrastructure. Additionally, cloud solutions can also provide organizations with access to advanced security and compliance features, such as encryption and multi-factor authentication, which may be difficult or expensive to implement on-premises.

However, there are also potential threats associated with cloud solutions. One of the main concerns is the potential for data breaches, as cloud providers may not have the same level of security controls in place as an organization's own on-premises infrastructure. Additionally, storing data in the cloud may also make it more vulnerable to hacking and other cyber threats. To mitigate these risks, organizations should thoroughly research and select a cloud provider that has a strong history of security and compliance and implement additional security measures such as data encryption and access controls.

Another potential threat associated with cloud solutions is the loss of control over data. Organizations that store data in the cloud may not have full visibility into how the data is being processed or used, which can make it difficult to ensure compliance with data protection regulations. Additionally, organizations may also lose control over where their data is stored, as cloud providers may use multiple data centers in various locations. To mitigate these risks, organizations should ensure that their cloud provider has strict data protection policies in place and negotiate terms in their service agreements that give them greater control over their data.?

According to South Australia's Privacy & Cloud Computing Guideline[4], the report addresses a guideline on how agencies in South Australia should comply with the government's Information Privacy Principles when using cloud-based technologies. The guideline is intended to help agencies protect personal information when using cloud computing services or other traditional methods, and it encourages agencies to conduct a Privacy Impact Assessment before entering a contractual arrangement.

The guideline covers a range of issues that agencies should consider when contemplating cloud computing such as personal information, privacy risks, contract management, transborder data flows, information storage and security, data segregation, records management, data destruction, and other relevant documents.

The guideline emphasizes the importance of complying with the 10 Information Privacy Principles, and the need to have appropriate legal, contractual, and operational procedures in place. It also highlights the privacy risks associated with cloud computing, such as lack of control over personal information and lack of transparency about how, where and by whom data is being processed, and recommends agencies conduct a Privacy Impact Assessment.

The guideline also addresses concerns related to foreign governments accessing information held in Australia by companies with a presence in their authority and emphasizes the need to include conditions in contracts to mitigate this risk.?

In conclusion, Omnichannel and cloud solutions can be powerful tools for organizations looking to manage and protect PII and PPI, but they also come with potential risks and challenges.?

The Significant PII Rules and Acts in the US

?Health Insurance Portability and Accountability Act (HIPAA)?

The Health Insurance Portability and Accountability Act (HIPAA), a federal law in the United States, was enacted in 1996. The law is designed to protect the privacy and security of individuals' health information, known as protected health information (PHI), and to ensure the portability of health insurance coverage. The law applies to a wide range of entities, including health plans, healthcare clearinghouses, and certain healthcare providers (such as doctors, hospitals, and pharmacies) that conduct certain financial and administrative transactions electronically.?

One of the key provisions of HIPAA is the Privacy Rule, which sets out standards for protecting the privacy of PHI. The Privacy Rule requires covered entities to implement administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of electronic PHI (ePHI). Covered entities are also required to disclose PHI only as necessary for the purpose of treatment, payment, and healthcare operations.?

HIPAA also includes the Security Rule, which establishes national standards for securing ePHI. The Security Rule requires covered entities to implement technical safeguards to ensure the confidentiality, integrity, and availability of ePHI, including access controls, audit controls, and transmission security measures.?

Another important aspect of HIPAA is the enforcement aspect, the Department of Health, and Human Services Office for Civil Rights (OCR) is the primary enforcement body for HIPAA. Covered entities found to be in violation of the law can be subject to civil and criminal penalties, as well as fines, depending on the level of the breach.?

One of the most significant cases that illustrate HIPAA is the Anthem data breach that occurred in 2015 where hackers accessed the personal information of eighty million people, including names, birth dates, Social Security numbers, addresses, and more. Anthem agreed to pay $16 million to settle potential HIPAA violations related to the breach, which is one of the largest settlements ever reached under the law.?

To conclude, HIPAA is a comprehensive law in terms of protecting personal health information, it establishes national standards for securing electronically protected health information (ePHI) and provides rights to individuals to control access to their health information, it also established enforcement mechanisms and penalties for non-compliance. HIPAA also set a path for future regulations to build on, as HIPAA was one of the first laws of its kind in the US, it established a framework for later regulations and laws such as the HITECH Act and the Affordable Care Act.?

Gramm-Leach-Bliley Act (GLBA)

The Gramm-Leach-Bliley Act (GLBA), also known as the Financial Modernization Act of 1999, is a federal law in the United States that aims to protect the privacy of consumers' financial information. The law applies to financial institutions, such as banks, credit unions, and other organizations that offer financial products or services, including insurance companies, investment companies, and mortgage companies. The GLBA sets forth several regulations and requirements that these organizations must follow to safeguard sensitive financial information from unauthorized access, use, or disclosure.?

One of the key provisions of the GLBA is the Financial Privacy Rule, which requires financial institutions to provide their customers with clear and conspicuous notices about their information-sharing practices, including their privacy policies and the types of nonpublic personal information (NPI) they collect. The rule also requires financial institutions to provide customers with the right to opt out of certain types of information sharing and to give them the right to access and correct their NPI.?

Another important provision of the GLBA is the Safeguards Rule, which requires financial institutions to implement appropriate administrative, technical, and physical safeguards to protect the security, integrity, and confidentiality of NPI. The Safeguards Rule applies to all financial institutions that are subject to the GLBA and establishes guidelines for securing sensitive financial information, including, but not limited to, conducting risk assessments, creating, and maintaining an incident response plan, and providing for regular testing of security systems.?

The GLBA also includes a provision known as the Pretexting Protection Provision, which prohibits the practice of pretexting – using false or fraudulent pretenses to obtain sensitive personal information from financial institutions or consumers. This provision of the law is designed to prevent identity theft and fraud by making it illegal for individuals or organizations to obtain sensitive information using pretexts such as false telephone or internet communications.?

The GLBA also provides for civil and criminal penalties for violation of the law. The Federal Trade Commission (FTC) is the main regulatory agency responsible for enforcing the GLBA. The FTC has the authority to impose fines and penalties on financial institutions that violate the GLBA, and it has taken enforcement action against several institutions for failing to comply with the GLBA's requirements.?

In conclusion, the Gramm-Leach-Bliley Act (GLBA) is a federal law in the United States that aims to protect the privacy of consumers' financial information by requiring financial institutions to provide notice to their customers about their information sharing practices, giving them the right to opt-out of certain types of information sharing, and implementing appropriate administrative, technical, and physical safeguards to protect the security, integrity, and confidentiality of personal information. Compliance with the law is crucial and non-compliance could lead to significant financial and legal consequences.

?The Fair Credit Reporting Act (FCRA)?

The Fair Credit Reporting Act (FCRA) is a federal law in the United States enacted in 1970. The law is designed to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies (CRAs). The FCRA applies to companies that collect, maintain, and disseminate consumer credit information, including credit bureaus, credit reporting agencies, and specialty consumer reporting agencies (such as those that provide information on employment, rental, or insurance history).?

One of the key provisions of the FCRA is the requirement for CRAs to ensure the accuracy and fairness of the information in their files. The FCRA requires CRAs to follow “reasonable procedures” to ensure the accuracy of the information they collect and report and to investigate and correct any errors that consumers bring to their attention. The FCRA also gives consumers the right to dispute inaccurate information in their credit reports and to have the CRA investigate the dispute, and if there is an error, to have it corrected.?

Another important provision of the FCRA is the requirement for CRAs to provide consumers with access to their credit reports. The FCRA requires CRAs to provide consumers with a free copy of their credit report once a year upon request. Consumers also have the right to request additional copies for a fee, and in certain situations, such as being denied credit or employment, consumers can obtain additional free copies.?

The FCRA also regulates the use of consumer credit information by credit grantors, employers, and others. The law requires that credit grantors, such as banks and credit card companies, must obtain consumers' permission before obtaining a credit report, and they must also provide a notice of their right to a credit report and the right to dispute any errors. In addition, credit grantors must provide consumers with the name and address of the CRA that provided the credit report. Employers must also obtain written permission from job applicants before obtaining a credit report, and they must provide notice of the right to a credit report and the right to dispute any errors.?

The FCRA also includes provisions for protecting consumers' privacy. The law requires that CRAs must have reasonable procedures in place to protect the confidentiality, accuracy, and relevance of the information in their files and that they must limit the disclosure of credit reports to those with a permissible purpose. The FCRA also requires CRAs to provide consumers with notice of their rights under the law, including the right to access and dispute credit reports, and the right to opt out of receiving unsolicited credit card offers.?

In terms of enforcement, the FCRA is enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). Both agencies have the authority to act against companies that violate the FCRA, including the ability to impose fines and penalties. The FTC and the CFPB also can act against companies that fail to correct errors in credit reports, or that fail to comply with the FCRA’s other requirements. Consumers can also file lawsuits against companies that violate the FCRA, and they may be entitled to actual damages, statutory damages, and attorney’s fees.?

One significant example of enforcement under the FCRA was the case of Equifax Inc. in 2017, the credit reporting agency suffered a data breach that exposed the personally identifiable information (PII) of 147 million consumers. The investigation found that the company had failed to take reasonable steps to secure its network and had failed to provide timely notice of the data breach as required under the FCRA. The company agreed to pay a $575 million settlement, which includes $300 million for consumer compensation, $175 million for state and federal regulators, and $100 million to the Consumer Financial Protection Bureau (CFPB).?

In conclusion, the Fair Credit Reporting Act (FCRA) is a federal law that regulates the collection, maintenance, and dissemination of consumer credit information by credit reporting agencies (CRAs). It is designed to promote the accuracy, fairness, and privacy of consumer information, and it gives consumers the right to access, dispute, and correct errors in their credit reports. The law also regulates the use of consumer credit information by credit grantors, employers, and other third parties, and it requires that companies take appropriate steps to protect the confidentiality, accuracy, and relevance of the information they collect, as well as limiting the disclosure of credit reports to those with a permissible purpose. The FCRA is enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau.

The Children's Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act (COPPA) is a federal law in the United States that was enacted in 1998 to protect the privacy of children under the age of thirteen. The law applies to operators of commercial websites and online services that are directed at children under thirteen, or that have actual knowledge that they are collecting personal information from children under thirteen.?

COPPA requires that operators of such websites and services provide clear and prominent notice to parents of their information collection practices, and obtain verifiable parental consent before collecting, using, or disclosing personal information from children. The law also requires that operators of such websites and services establish reasonable procedures to protect the confidentiality, security, and integrity of the personal information they collect from children.

The law defines personal information to include a wide range of information, including a child's name, address, email address, and telephone number, as well as any other information that would allow someone to contact a child, such as a screen name when combined with an associated address.?

COPPA also requires that operators of such websites and services take reasonable steps to ensure that the personal information they collect from children is used only for the purpose for which it was collected and that it is not disclosed to third parties without verifiable parental consent. Operators of such websites and services must also provide parents with the ability to review and delete personal information about their children.?

The Federal Trade Commission (FTC) enforces COPPA, and it has the authority to act against companies that violate the law, including imposing fines and penalties. The FTC also provides guidance to companies on how to comply with COPPA, and it maintains a list of frequently asked questions on its website.?

One significant example of enforcement under COPPA was the case of TikTok in 2019, the FTC and the New York attorney general’s office reached a settlement with the social media platform TikTok over alleged violations of COPPA. The FTC alleged that TikTok had collected personal information from children under the age of thirteen without first obtaining verifiable parental consent. As a result of the settlement, TikTok agreed to pay $5.7 million in civil penalties, implement a comprehensive data privacy program, and obtain biennial independent assessments of its privacy practices.?

In conclusion, the Children's Online Privacy Protection Act (COPPA) is a federal law in the United States that was enacted to protect the privacy of children under the age of thirteen. It applies to operators of commercial websites and online services that are directed at children under thirteen, or that have actual knowledge that they are collecting personal information from children under thirteen. The law requires such operators to provide clear and prominent notice to parents of their information collection practices and obtain verifiable parental consent before collecting, using, or disclosing personal information from children. The law also requires such operators to establish reasonable procedures to protect the confidentiality, security, and integrity of the personal information they collect from children. Additionally, COPPA also requires that operators of such websites and services take reasonable steps to ensure that the personal information they collect from children is used only for the purpose for which it was collected and that it is not disclosed to third parties without verifiable parental consent. Operators of such websites and services must also provide parents with the ability to review and delete personal information about their children.?

COPPA has been widely recognized as an important law in protecting the privacy of children online and has served as a model for similar laws in other countries. However, as technology and the internet continue to evolve, there are concerns that COPPA may not be able to keep pace with new forms of data collection and usage, and that it may need to be updated to address new privacy risks. Nevertheless, COPPA remains an important and significant law that helps to protect the privacy of children online.?

It is important for companies that operate websites and online services that are directed at children or that have actual knowledge that they are collecting personal information from children, to be aware of COPPA's requirements and to take steps to ensure that they are following the law.

?The California Consumer Privacy Act (CCPA)

?The California Consumer Privacy Act (CCPA) is a state law in California that was enacted in 2018, and it went into effect on January 1, 2020. The law is designed to give California residents greater control over their personal information and how it is collected, used, and shared by businesses. The law applies to businesses that meet certain criteria, such as having annual gross revenues over $25 million, buying, selling, receiving, or sharing the personal information of 50,000 or more consumers, households, or devices, or deriving 50% or more of their annual revenues from selling the personal information of California residents.?

The CCPA gives California residents the right to:

• Know what personal information a business has collected about them, including the categories and sources of personal information, the purpose for collecting the information, and the categories of third parties with whom the information has been shared.
• Request that a business deletes any personal information it has collected about them.
• Request that a business disclose the personal information it has collected about them and that it not sells their personal information.
• Non-discrimination means businesses cannot discriminate against consumers who exercise their rights under the CCPA.

The law also requires businesses to provide certain disclosures to California residents about their data collection and sharing practices, such as a "Do Not Sell My Personal Information" link on the business's website and to provide California residents with two or more designated methods for submitting requests to know and requests to delete.?

The CCPA applies to a wide range of personal information, including information that can be used to identify a consumer or household, such as a name, address, email address, Social Security number, or driver's license number. It also applies to other types of information, such as browsing history, search history, and geolocation data.?

The law also requires companies to implement and maintain reasonable security measures to protect the personal information they collect, and they are obligated to provide an annual security incident report to the California attorney general.?

The enforcement of the CCPA falls to the California attorney general, who can bring enforcement actions against companies that fail to comply with the law's provisions. The law also allows for private rights of action for certain breaches of the law, such as the unauthorized access or sale of a consumer's personal information.

The California Privacy Rights Act (CPRA)

The California Privacy Rights Act (CPRA) is a state law in California that was passed by voters in November 2020. It builds upon the existing California Consumer Privacy Act (CCPA) by providing additional rights to California residents and imposing additional obligations on businesses.?

The CPRA gives California residents the right to:

• Opt-out of the sale of personal information, including the right to opt out of the sale of sensitive personal information.
• Opt out of the collection, sharing, or use of precise geolocation data.
• Limit the use of personal information for certain purposes, such as targeted advertising or profiling.
• Know the specific pieces of personal information a business has collected about them and receive a copy of that information in a portable and, to the extent technically feasible, in a readily usable format.

Additionally, the CPRA expands the definition of "personal information" to include new categories of data, such as browsing history and search history, and it also expands the definition of "sale" to include the sharing of personal information for valuable consideration, including cross-context behavioral advertising.?

The CPRA also creates a new state agency, the California Privacy Protection Agency (CPPA) with the authority to enforce the law and issue regulations. This agency will also oversee granting exemptions for specific industries or uses of data, and creating new regulations to be followed by companies.?

The CPRA also allows for private rights of action for certain breaches of the law, such as the unauthorized access or sale of a consumer's personal information. This means that individuals can sue companies for damages if they believe their rights have been violated.

It is important to note that the CPRA applies to businesses that meet certain criteria, including having annual gross revenues of more than $25 million, buying, receiving, selling, or sharing personal information of 100,000 or more California residents, households, or devices, or deriving 50% or more of their annual revenues from selling personal information.?

The CPRA also provides additional protections for "sensitive personal information", which includes categories such as precise geolocation data, genetic data, and personal information of children under the age of sixteen. Businesses will be required to obtain affirmative, opt-in consent for the collection, sale, or sharing of sensitive personal information and will be prohibited from using this information for targeted advertising or profiling.?

One example of a company that has been impacted by the CCPA and will be impacted by the CPRA is Google. The company has been the target of multiple lawsuits under the CCPA, and it is expected that the CPRA will increase the legal and regulatory compliance requirements for companies like Google that collect and use substantial amounts of personal information.?

In conclusion, the CPRA is a significant expansion of California's existing data privacy framework, providing Californians with additional rights to control the collection, use, and sharing of their personal information. Businesses operating in California or serving California residents will need to review and update their data privacy practices and policies to comply with the new law.?

The Family Educational Rights and Privacy Act (FERPA)

?The Family Educational Rights and Privacy Act (FERPA) is a federal law in the United States that was enacted in 1974. The law is designed to protect the privacy of student education records and to ensure that parents and eligible students have access to those records.

FERPA applies to educational institutions that receive federal funding, which includes most public and private schools, colleges, and universities. The law applies to all educational records, including academic records, disciplinary records, and medical records, which are related to a student and that are maintained by an educational institution or by a party acting on its behalf.

One of the key provisions of FERPA is the requirement for educational institutions to obtain written consent from parents or eligible students before disclosing any personally identifiable information (PII) from education records unless an exception applies. Educational institutions must also give parents and eligible students the right to inspect and review their education records, and to request that the institution correct any inaccurate or misleading information.

FERPA also gives parents and eligible students certain rights regarding their education records, including the right to:?

• Inspect and review their education records within 45 days of the institution receiving a request.
• Request that the institution amend their education records if they believe the information is inaccurate, misleading, or in violation of their rights.
• Have some control over the disclosure of information from their education records, with certain exceptions such as disclosures to school officials with legitimate educational interests.
• File a complaint with the U.S. Department of Education if they believe the institution has failed to comply with FERPA regulations.

Another key provision of FERPA is that educational institutions must have an annual notification of rights under FERPA, which informs parents and eligible students of their rights under the law. This notification must be distributed annually and must be included in any publication of the institution that informs parents and students of the institution's policies.?

FERPA also includes certain exceptions to the consent and notification requirements, such as disclosures to school officials with legitimate educational interests, disclosures to certain government officials, and disclosures in connection with a health or safety emergency.?

Enforcement of FERPA is primarily the responsibility of the U.S. Department of Education's Family Policy Compliance Office (FPCO). The FPCO is responsible for investigating complaints and enforcing compliance with the law. If an educational institution is found to be non-compliant with FERPA, the FPCO may initiate enforcement action, including fines or termination of federal funding.?

An example of a significant case regarding FERPA was the 2011 case of the University of Utah. The university was found to have violated FERPA by releasing the records of a student who was shot and killed on campus without obtaining prior written consent. As a result, the university entered into a voluntary resolution agreement with the U.S. Department of Education and paid a $13,000 fine.?

In conclusion, FERPA is a federal law that protects the privacy of student education records and ensures that parents and eligible students have access to those records. The law is designed to ensure that educational institutions obtain consent before disclosing PII, and to give parents and eligible students the right to inspect and review their records. Educational institutions must also have an annual notification of rights under FERPA and enforce compliance through the Family Policy Compliance Office of the U.S. Department of Education.?

The Federal Risk and Authorization Management Program (FedRAMP)

?The Federal Risk and Authorization Management Program (FedRAMP) is a government-wide program in the United States that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud-based products and services. The program is designed to provide a common security framework for federal agencies to use when evaluating and authorizing cloud service providers (CSPs) and their offerings.?

FedRAMP was established in 2010 to address the growing use of cloud computing within the federal government and to provide a consistent approach to cloud security. The program is managed by the General Services Administration (GSA) in partnership with the Department of Homeland Security (DHS) and the National Institute of Standards and Technology (NIST).?

The FedRAMP process begins with a security assessment of the CSP's system, which is conducted by an independent third-party assessment organization (3PAO) that is accredited by the FedRAMP Program Management Office (PMO). The assessment covers a wide range of security controls and is based on the NIST Cybersecurity Framework (CSF) and the Federal Information Security Modernization Act (FISMA) guidelines.?

Once the assessment is complete, the CSP can apply for authorization from a FedRAMP-authorized agency or the FedRAMP PMO. The authorization process involves a review of the CSP's security assessment package, which includes the security assessment report and the CSP's security plan. The FedRAMP PMO or the authorized agency then decides whether to grant the CSP provisional or full authorization to operate (ATO).

CSPs that are granted provisional or full ATO is required to implement continuous monitoring to ensure that their systems remain secure over time. This includes regular vulnerability scans, penetration testing, and security incident response planning. CSPs must also provide regular reporting to the FedRAMP PMO or the authorized agency to demonstrate compliance with FedRAMP requirements.?

FedRAMP also has a process for CSPs to become authorized at a "FedRAMP Moderate" and "FedRAMP High" Impact Level, which indicates a higher level of security controls and requirements to meet, as well as a more rigorous assessment process.?

One significant example of a company that has achieved FedRAMP compliance is Amazon Web Services (AWS). AWS is one of the first cloud service providers to achieve FedRAMP compliance and it has been granted a full ATO for several of its services, including Amazon S3, Amazon Elastic Compute Cloud (EC2), and Amazon Relational Database Service (RDS).

One of the most significant examples of an organization using FedRAMP to secure its data is the U.S. General Services Administration (GSA). The GSA is responsible for managing and administering the business of the federal government and it manages a large amount of sensitive information, including the personal information of government employees and contractors. The GSA adopted FedRAMP as a security standard and required all its cloud service providers to achieve FedRAMP compliance. By using FedRAMP, the GSA was able to ensure that its cloud service providers were adhering to strict security standards and that its sensitive information was being protected.?

Another example is the use of FedRAMP by the U.S. Department of Homeland Security (DHS). The DHS is responsible for protecting the country from a wide range of threats, including cyber threats. The department adopted FedRAMP as a security standard for its cloud service providers and required them to achieve FedRAMP compliance. By doing so, the DHS was able to ensure that its sensitive information was being protected by cloud service providers that had been vetted and approved by the government.?

FedRAMP is a valuable tool for organizations looking to secure their data in the cloud. It provides a standardized, government-wide approach to security assessment, authorization, and continuous monitoring of cloud products and services. By using FedRAMP, organizations can be confident that their cloud service providers are adhering to strict security standards and that their sensitive information is being protected. As increased organizations move their data to the cloud, the use of FedRAMP will become more widespread, providing organizations with a valuable tool to secure their data in the cloud.

?The National Institute of Standards and Technology (NIST)

The National Institute of Standards and Technology (NIST) is a non-regulatory federal agency within the United States Department of Commerce. NIST's mission is to promote innovation and industrial competitiveness by advancing measurement science, standards, and technology. NIST plays a critical role in developing and promoting industry standards and guidelines for information security, including cybersecurity.?

One of the key contributions of NIST to cybersecurity is the development and maintenance of the NIST Cybersecurity Framework (CSF). The CSF is a framework of standards, guidelines, and best practices for managing cybersecurity risks. It provides a common language and a structured approach for organizations to identify, assess, and manage cybersecurity risks. Organizations in various sectors, including government, healthcare, finance, and critical infrastructure widely adopt the CSF.?

One of the significant examples of the use of the NIST CSF is the healthcare sector. The healthcare industry manages many sensitive pieces of information, including personal health information (PHI) and electronic health records (EHRs). The industry is also a target of cyber-attacks, as PHI and EHRs can be valuable to cybercriminals. The NIST CSF provides healthcare organizations with a structured approach to identify, assess, and manage cybersecurity risks and protect PHI and EHRs. Many healthcare organizations have adopted the CSF and have used it to improve their cybersecurity posture.?

Another example is the use of NIST SP 800-53 by the US government. Special Publication 800-53 provides guidelines for security controls and assessment procedures for information systems used by government agencies. It is widely adopted and used by the federal government to secure its information systems. The guidelines are regularly updated to reflect the latest cybersecurity threats and to ensure that government agencies are implementing the most current security measures.?

In addition to the development of the CSF and SP 800-53, NIST also conducts research and development in various areas of cybersecurity, including cryptography, secure identity management, and the Internet of Things (IoT) security. NIST also provides technical assistance and training to organizations to help them implement cybersecurity measures and to comply with cybersecurity regulations.?

NIST also plays a key role in international cybersecurity standardization. NIST works closely with other countries and international organizations, such as the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), to develop and promote international cybersecurity standards.?

In conclusion, NIST plays a critical role in the field of cybersecurity by developing and promoting standards, guidelines, and best practices for managing cybersecurity risks. The NIST Cybersecurity Framework (CSF) and Special Publication 800-53 are widely adopted and used by organizations in various sectors to improve their cybersecurity posture. NIST's research and development, technical assistance, and international collaboration also contribute to the advancement of cybersecurity.?

In addition to federal laws, there are also state laws and regulations that address the protection of personally identifiable information (PII) in the United States. State laws can complement, supplement, or go beyond federal laws. Some states have enacted their own data breach notification laws, some have enacted more stringent data security requirements and others have specific regulations for specific industries, such as financial and healthcare institutions.

Here are some examples of state-level laws and regulations:

?The New York State Department of Financial Services (NYDFS) Cybersecurity Regulation

The New York State Department of Financial Services (NYDFS) Cybersecurity Regulation, also known as 23 NYCRR 500, is a set of regulations that was established in 2017 to protect the financial services industry in New York from cyber threats. The regulation applies to all entities licensed or otherwise authorized by the NYDFS, including banks, insurance companies, and other financial services firms.?

The regulation establishes a comprehensive set of cybersecurity requirements for covered entities, including:

• Risk assessment and management: Covered entities are required to conduct regular risk assessments and to implement a cybersecurity program that is designed to protect against the specific risks identified in the assessment.
• Access controls and data encryption: Covered entities must implement controls to limit access to sensitive data to authorized personnel and must encrypt sensitive data both in transit and at rest.
• Third-party service providers: Covered entities must ensure that their third-party service providers implement appropriate cybersecurity measures to protect sensitive data.
• Incident response plan: Covered entities must have incident response plans in place to address cybersecurity incidents and must notify the NYDFS of certain incidents.
• Training and monitoring: Covered entities must provide cybersecurity training to their employees and must monitor their networks to detect and respond to cybersecurity threats.?

The regulation also requires covered entities to annually certify compliance with the regulation's requirements and to submit an annual cybersecurity report to the NYDFS. The report must include detailed information on the covered entity's cybersecurity program and controls, as well as any incidents or breaches that occurred during the year.?

One example of a company that has been impacted by this regulation is the international bank, Standard Chartered. The bank was fined $40 million by the NYDFS in 2019 for failing to comply with the regulation's requirements. The bank was found to have inadequate access controls, insufficient data encryption, and inadequate incident response plans, among other issues.?

In general, the NYDFS Cybersecurity Regulation is considered one of the most robust and strict regulations in the US, which is designed to protect the financial services industry from cyber threats by establishing a comprehensive set of cybersecurity requirements for covered entities.?

The Massachusetts Data Security Regulations

The Massachusetts Data Security Regulations, also known as 201 CMR 17.00, is a set of regulations put in place by the Massachusetts Office of Consumer Affairs and Business Regulation to protect the personal information of Massachusetts residents. The regulations apply to any person or business that owns, licenses, stores, or maintains the personal information of Massachusetts residents, and they require organizations to take specific steps to safeguard that information.?

The regulations require covered entities to develop, implement and maintain a comprehensive information security program that includes administrative, technical, and physical safeguards for the protection of personal information. This includes, but is not limited to: -Designating an employee or team responsible for the program -Conducting regular risk assessments to identify vulnerabilities -Implementing access controls to restrict access to personal information -Encrypting personal information both in transit and at rest -Monitoring systems for unauthorized access or use -Providing regular training to employees on information security -Developing incident response plan -Notifying affected individuals and the attorney general's office in the event of a breach of personal information.?

Examples of penalties for non-compliance include fines, penalties, and legal action.

One significant example of enforcement of these regulations is the case of Anthem, Inc. Anthem, one of the largest health insurance providers in the U.S., suffered a data breach in 2015 that exposed the personal information of eighty million individuals. The breach was caused by a failure to implement adequate security measures, and as a result, the Massachusetts Attorney General's office fined Anthem $250,000 for violating the regulations.

In conclusion, The Massachusetts Data Security Regulations (201 CMR 17.00) is a set of regulations put in place to protect the personal information of Massachusetts residents. The regulations require organizations to implement a comprehensive security program and are enforced by the Massachusetts Office of Consumer Affairs and Business Regulation. Organizations failing to comply with these regulations may be subject to fines, penalties, and legal action.?

?The Texas Medical Records Privacy Act

The Texas Medical Records Privacy Act, also known as the Texas Medical Records Privacy Act (TMPA), is a state law in Texas that governs the protection of personal health information (PHI) held by health care providers and health plans. The law applies to a wide range of entities, including hospitals, clinics, physicians, nurses, and other healthcare providers, as well as health insurance companies, health maintenance organizations, and other entities that manage PHI.?

The TMPA sets out standards for protecting the privacy and security of PHI, including requirements for obtaining patient consent, providing notice of privacy practices, and safeguarding PHI from unauthorized access or disclosure. The law also provides for penalties, and fines for violations, and gives individuals the right to file a complaint if they believe their privacy rights have been violated.?

One of the key provisions of the TMPA is the requirement for covered entities to obtain written consent from patients before disclosing PHI. The law also requires such entities to provide notice to patients of their privacy rights and to make available a detailed notice of privacy practices. This notice must be provided to patients at the time of their initial visit and must also be prominently displayed in the facility.?

Another important aspect of the TMPA is the requirement for covered entities to implement reasonable safeguards to protect the confidentiality, integrity, and availability of PHI. These safeguards must include administrative, physical, and technical safeguards, such as access controls, audit controls, and transmission security measures.?

The Texas Department of State Health Services (DSHS) is responsible for enforcing the TMPA. Covered entities found to be in violation of the law can be subject to penalties, fines, and enforcement actions, such as corrective action plans.?

One significant example of a violation of the TMPA is the case of Cancer Care Group, P.A. in 2018. The Cancer Care Group, P.A. (CCG), a Texas-based radiation oncology practice, agreed to pay $750,000 to settle potential violations of the TMPA, following an investigation by the Texas attorney general's office, the investigation revealed that CCG had failed to implement basic and reasonable administrative safeguards to protect the confidentiality, integrity, and availability of ePHI, resulting in a data breach that exposed the PHI of more than 41,000 individuals.?

In conclusion, the Texas Medical Records Privacy Act is an important state law that governs the protection of personal health information in Texas. It sets out standards for obtaining patient consent, providing notice of privacy practices, and safeguarding PHI from unauthorized access or disclosure, and provides for penalties and fines for violations. Covered entities must be aware of the requirements of the TMPA and take the necessary steps to comply with the law to avoid enforcement actions, penalties, and reputational damage.?

The Illinois Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act (BIPA) is a state law that regulates the collection, use, and storage of biometric information in Illinois. The law, which was enacted in 2008, is one of the strictest privacy laws in the United States. It applies to both private and public entities and it requires them to obtain written consent from individuals before collecting their biometric information.?

The law defines biometric information as "any data that is used to identify an individual through a unique physical characteristic, such as a fingerprint, voiceprint, or retina scan". BIPA also defines a "biometric identifier" as "a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry".?

Under BIPA, entities are required to disclose the purpose for which biometric information is being collected and the duration for which it will be stored. They are also required to develop a publicly available retention schedule and guidelines for permanently destroying biometric information. Additionally, BIPA requires the entities to provide individuals with notice of the collection, use, and storage of their biometric information and to obtain written consent before collecting, using, or storing that information.?

Entities that are found to be in violation of BIPA can face penalties of up to $5,000 per violation, and individuals can file private rights of action under BIPA to seek damages and other relief.?

One significant example of BIPA being used in practice is the case of Patel v. Facebook. In this case, a class action lawsuit was filed against Facebook for allegedly collecting and storing biometric information from users without their consent. The court found that Facebook had violated BIPA by collecting and storing biometric information without providing notice or obtaining consent. Facebook agreed to settle the case for $550 million, which is one of the largest settlements ever reached under BIPA.?

In conclusion, The Illinois Biometric Information Privacy Act (BIPA) is a strict law that regulates the collection, use, and storage of biometric information in Illinois. It requires entities to obtain written consent from individuals before collecting their biometric information, to disclose the purpose for which biometric information is being collected and the duration for which it will be stored, and to develop a publicly available retention schedule and guidelines for permanently destroying biometric information. The penalties for non-compliance are significant and companies are liable for a private right of action under the act.?

Recent initiatives for new laws?and regulations regarding data privacy in the United States.?

One significant initiative is the Privacy Bill of Rights Act of 2021, which was reintroduced to Congress in February 2021. This bill would establish a comprehensive data privacy framework for the U.S., including new rights for individuals to control their personal data and new obligations for companies to protect and secure personal data. The bill would also create a new federal privacy agency to enforce data privacy regulations and provide guidance to companies on compliance.?

Another initiative is the National Cyber Director Act. This bill would create a new position within the Executive Branch of the U.S. government, the National Cyber Director, who would be responsible for coordinating the nation’s cyber security policies and strategies. The bill would also establish a new office within the Executive Branch to support the National Cyber Director, the Cybersecurity, and Infrastructure Security Agency (CISA).?

Also, The Data Care Act, which is being considered by Congress, would require companies to take certain steps to protect personal data, such as providing notice of data breaches, implementing data security measures, and allowing individuals to opt out of certain data-sharing practices. The bill would also establish a new federal agency to enforce data privacy regulations and provide guidance to companies on compliance.

The next image taken from the state of data 2002 report[5]?demonstrates the current regulative situation in the US.

Despite these regulative initiatives[6], the voice of critics is heard in the current state of privacy laws and regulations in the United States. One of the main criticisms is that the US lacks a comprehensive federal law that regulates the collection, storage, and sharing of customer data across all industries. Instead, the US has a patchwork of sector-specific laws that address specific types of data or specific populations, such as the Health Insurance Portability and Accountability Act (HIPAA) for health information or the Children's Online Privacy Protection Act (COPPA) for children's data.?

This lack of a comprehensive federal law means that companies operating in the US are not subject to consistent and uniform regulations when it comes to handling customer data. This can lead to confusion and uncertainty for both companies and consumers, and it can make it difficult for individuals to understand and exercise their rights with respect to their data.

Another criticism is that many of the existing laws in the US are out of date and do not address the current data privacy and security risks. For example, the Electronic Communications Privacy Act (ECPA) was passed in 1986 and does not consider the modern use of the internet and cloud computing. Similarly, the Video Privacy Protection Act (VPPA) was passed in 1988 and does not address the collection and sharing of video viewing data in the era of streaming video services.?

Another point is that the current laws in the US are not as strong as the laws in other countries such as the General Data Protection Regulation (GDPR) in the European Union. GDPR provides individuals with more comprehensive rights over their data, such as the right to data portability and the right to be forgotten. Also, it imposes more stringent penalties for companies that violate the law, including fines of up to 4% of a company's global annual revenue.?

Furthermore, the current laws in the US are not enforced strongly enough, and companies are not held accountable for breaches of data privacy. It also criticizes that the US does not have a national law standardizing when (or if) a company must notify you if your data is breached or exposed to unauthorized parties.?

Additionally, data collected by most products and services are not regulated, and how companies are free to do what they want with the data unless a state has its own data privacy law. This has led to situations where companies can use, share, or sell any data they collect about you without notifying you that they are doing so and where third parties can further sell or share the data without notifying you.?

GDPR vs CCPA?

The General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) are both data protection laws that have been implemented in their respective regions to protect the personal information of individuals. Both laws have similar objectives, but there are some key differences in terms of their scope, requirements, and enforcement mechanisms.?

One of the main differences between the two laws is their scope. The GDPR applies to organizations operating within the European Union (EU) and to organizations outside of the EU that process the personal data of individuals within the EU. In contrast, the CCPA applies to organizations that do business in California and that meet certain criteria, such as having annual gross revenues of more than $25 million, buying, selling, or sharing the personal information of more than 50,000 consumers, or deriving 50% or more of its annual revenues from selling consumers' personal information. This means that the CCPA applies to a smaller number of organizations than the GDPR.?

Another difference between the two laws is in their requirements. The GDPR requires organizations to appoint a data protection officer (DPO) if they process personal data on a large scale or if their core activities involve the processing of sensitive personal data. The CCPA does not have a similar requirement. The GDPR also has a higher standard for obtaining consent from individuals for the processing of their personal data. Organizations must obtain explicit, affirmative consent, whereas the CCPA only requires that organizations provide a "clear and conspicuous" link on their website titled "Do Not Sell My Personal Information" for consumers to opt out of the sale of their personal information. Additionally, GDPR has a broader definition for personal data and its rights for individuals and GDPR applies to a broader range of data processing activities, including profiling and automated decision-making.?

Another key difference between the two laws is their enforcement mechanisms. The GDPR is enforced by data protection authorities in each EU member state, and organizations can be fined up to 4% of their annual global turnover or €20 million (whichever is higher) for non-compliance. The CCPA, on the other hand, is enforced by the California attorney general, and organizations can be fined up to $7,500 per violation. The CCPA also provides a private right of action for consumers whose non-encrypted or non-redacted personal information is subject to unauthorized access and exfiltration, theft, or disclosure because of the business's failure to implement and maintain reasonable security procedures and practices.?

One example of the enforcement of these regulations is the case of Google, which was fined €50 million by the French data protection authority (CNIL) for not providing transparent and easily accessible information about its data processing activities and for not obtaining valid consent for targeted advertising. On the other hand, in 2019, the CCPA came into effect, and many companies like Facebook, Google, and Uber, were sued for not complying with the law.

In conclusion, while both GDPR and CCPA have similar objectives of protecting the personal information of individuals, there are some key differences in terms of their scope, requirements, and enforcement mechanisms. Organizations operating in California, or the EU should be aware of the specific requirements of each law and ensure compliance to avoid penalties and legal action.

Europe PII Regulations?

In Europe, the protection of personally identifiable information (PII) is primarily governed by the General Data Protection Regulation (GDPR), which came into effect in May 2018. The GDPR applies to any company that processes the personal data of individuals who reside in the European Union (EU), regardless of whether the company has an establishment in the EU.?

The GDPR sets out several principles for the protection of PII, including:

• Transparency: Companies must be transparent about the types of PII they collect and how they use it. They must also provide individuals with clear and concise information about their rights and how to exercise them.
• Legitimate Purpose: Companies can only collect, use and store PII for a specific and legitimate purpose. This means that the data can only be used for the purpose it was collected and cannot be used for other purposes without obtaining consent.
• Data Minimization: Companies must only collect the PII that is necessary for the purpose it was collected for and should not retain data for longer than is necessary.
• Data Security: Companies must implement appropriate technical and organizational measures to protect PII from unauthorized access, alteration, loss, or destruction.
• Data Breach Notification: Companies are obligated to notify the supervisory authorities and the individuals affected by the data breach without undue delay when a personal data breach occurs.
• Data Subject Rights: GDPR grants individuals several rights over their PII, including the right to access, rectify, delete, and object to the processing of their PII, as well as the right to data portability.

Compared to the US approach, the GDPR has a more comprehensive approach to data protection, and it applies to any company that processes the data of EU citizens, regardless of the location of the company. GDPR also gives individuals more rights over their PII and it imposes stricter data security standards. In the US, the approach to data protection tends to be more sectoral and specific, where different laws apply to different industries, like healthcare, finance, and children's information. The GDPR also sets higher fines for non-compliance, in the US the fines and penalties may vary depending on the law that has been violated and the severity of the violation.?

Asian PII Regulations

?In Asia, the protection of personally identifiable information (PII) is governed by several laws and regulations that vary depending on the country. Here are a few examples of PII laws and regulations in some of the major economies in Asia:?

• In China, the Cyber Security Law (CSL) came into effect in 2017 and it regulates the protection of personal information and critical information infrastructure. The law requires companies to implement technical and organizational measures to protect personal information, to conduct security assessments, and report data breaches to the authorities.
• In Japan, the Act on the Protection of Personal Information (APPI) came into effect in 2005 and it regulates the collection, use and provision of personal information by private and public organizations. The law requires companies to obtain the consent of individuals before collecting their PII, to inform them of the purpose of collection, and to establish internal management systems to protect personal information.
• In South Korea, the Personal Information Protection Act (PIPA) came into effect in 2011 and it regulates the collection, use, and protection of personal information by companies and government agencies. The law requires companies to obtain the consent of individuals before collecting their PII, to inform them of the purpose of collection, and to establish internal management systems to protect personal information.
• In India, the Personal Data Protection Bill (PDPB) is still under discussion, and it aims to regulate the collection, storage, and usage of personal data in India. The Bill includes concepts like the GDPR, such as the rights of data principals, sensitive personal data, data localization, and sensitive data fiduciaries.

In comparison with the US and European legal landscapes, the Asian legal landscape tends to be less comprehensive and the protection of PII varies depending on the country. The laws in Asia are not yet as mature as in Europe and the US, however, we see a positive move from some of the main Asian countries to establish more robust laws to protect personal data. In general, laws in Asia tend to impose fewer regulatory requirements, in terms of data security, data retention, data breach notification, and data subject rights.

?Middle East PII Regulations

?In the Middle East, the protection of personally identifiable information (PII) is governed by several laws and regulations that vary depending on the country. However, the level of regulation and protection of PII tends to be less robust compared to Europe and the US. Here are a few examples of PII laws and regulations in some of the major economies in the Middle East:

• In Israel, the Protection of Privacy Law came into effect in 1981. The law governs the collection, use, and storage of personal information by both private and public organizations. The law requires companies to obtain the consent of individuals before collecting their PII and to establish internal management systems to protect personal information.
• In Saudi Arabia, the recently passed "Data Protection Law" came into effect in 2019. The law applies to organizations that process personal data and it sets out the obligations of organizations and the rights of data subjects. It also sets out the procedures and conditions for data breach notifications.
• In the United Arab Emirates (UAE), federal law number 2 of 2019 on data protection governs the collection, use, and storage of personal data. The law applies to both private and public organizations and it requires companies to obtain the consent of individuals before collecting their PII, to inform them of the purpose of collection, and to establish internal management systems to protect personal information.
• In Qatar, The Personal Data Protection Law No. 13 of 2016 governs the protection of personal data and it sets out the obligations of organizations, the rights of data subjects, and the procedures for data breach notification.

In comparison to the US, Europe, and Asia legal landscapes, the Middle East legal landscape in terms of PII tends to be less comprehensive and less mature, However, we see a positive move from some of the main countries to establish more robust laws to protect personal data. It is important to note that in most Middle Eastern countries, data protection laws are new and are still in the process of implementation and development. While PII laws in the Middle East tend to be less advanced than those in the US, Europe, and Asia, they share some common elements such as the need for consent, data minimization, and data security and notification requirements.

Case Studies

The United States district court for the southern district of Texas – Court Case Review[7]?

In this class action lawsuit, Plaintiffs James Logan, and Nathan Baxter, along with a nationwide class, are bringing a claim against Defendant, Marker Group, for its failure to properly secure and safeguard medical records and other sensitive information. The plaintiffs are seeking orders requiring Marker Group to fully and accurately disclose the nature of the information that has been compromised, adopt sufficient security practices and safeguards to prevent incidents like the disclosure in the future, and provide identity theft protective services.?

According to the complaint, Marker Group is a litigation support vendor that provides services such as medical records collection, medical review, data analysis, and other litigation support services to large defense firms. The plaintiffs and class members entrusted their sensitive and confidential information, including names, Social Security numbers, dates of birth, and addresses, to Marker Group for storage and management. However, in December 2021, Marker Group advised that unauthorized third parties had accessed PII and PHI but provided scant other information. Furthermore, Marker Group has failed to explain why it took more than two months to begin notifying individuals that their PHI and PII had been accessed by an unauthorized third party.?

The plaintiffs argue that Marker Group's negligence in safeguarding the PII and PHI of Plaintiffs and Class Members is exacerbated by the repeated warnings and alerts directed at protecting and securing sensitive data. The dark web is a market for stolen identity credentials, with prices ranging from $40 to $200 for personal information and $50 to $200 for bank details. A stolen Social Security number can lead to identity theft and extensive financial fraud. This breach of data is particularly harmful as the information compromised in the data breach is significantly more valuable than credit card information because it is impossible to "close" and difficult, if not impossible, to change.?

The plaintiffs claim that Marker Group failed to use reasonable security procedures and practices appropriate to the nature of the sensitive, unencrypted information it maintained and stored belonging to Plaintiffs and Class Members. They also claim that Marker Group's failure to implement adequate data security measures for the Plaintiffs' and Class Members' PII and PHI caused the injuries to Plaintiffs and Class Members and violated Title II of HIPAA. They are seeking damages, restitution, and injunctive relief.?

Plaintiffs and Class Members also claim that Marker Group was unjustly enriched at the expense of, and to the detriment of, Plaintiffs and Class Members, and Marker Group continues to benefit and profit from their retention and use of the PII and PHI of Plaintiffs and Class Members. They are seeking the disgorgement of all unlawful or inequitable benefits and proceeds.?

In summary, the plaintiffs and the nationwide class are alleging that Marker Group, as a litigation support vendor, failed to protect and safeguard the sensitive and confidential information of the plaintiffs and class members, which led to a data breach, and that this failure was due to negligent and inadequate security practices. They are seeking damages, restitution, and injunctive relief, as well as disgorgement of any unlawful or inequitable benefits and proceeds, for the harm caused by the data breach and Marker Group's failure to protect their sensitive information.?

The United States district court northern district of California San Francisco division – Court Case Review[8]?

This is a review of a recent class action lawsuit against Oracle Corporation, alleging that the company has engaged in a range of misconduct related to the collection, use, and sale of personal data. The plaintiffs in the case claim that Oracle has violated various legal protections for privacy and data security, including the California Constitution, the California Invasion of Privacy Act, the Electronic Communications Privacy Act, and the Unfair Competition Law.?

The primary cause for the suit is the plaintiffs' allegations that Oracle has collected and used personal data without the knowledge and consent of the individuals affected. The suit states that Oracle uses the personal data of Internet users to fuel its personal identification and profiling product "Oracle ID Graph," which provides advertisers with information on users' demographics, lifestyles, retail behaviors, and purchase behaviors. The Oracle ID Graph connects multiple browser, device, and mobile application identifiers with demographic and behavioral data to create a single, universal view of identity for each user, allowing Oracle's customers to track individual people across devices and channels.?

The plaintiffs also allege that Oracle's conduct violates the California Constitution's right to privacy and the spirit and letter of the laws that protect property, economic, and privacy interests. They claim that Oracle's practices have resulted in unfair and illegal profits at the expense of the plaintiffs and class members, and seek restitution and disgorgement of all revenues, earnings, and profits Oracle obtained because of its allegedly unlawful conduct.?

The lawsuit suggests that Oracle's conduct poses a significant risk to personal privacy, as it allegedly allows Oracle to create detailed profiles of individuals based on intimate information such as weight, hair type, sleep habits, and type of insurance. The plaintiffs claim that Oracle's surveillance of them is a "grievous invasion of their privacy" that "corrodes their individual autonomy and the collective autonomy of the society at large."?

The lawsuit accuses Oracle of using its technology to circumvent security features of web browsers such as "Same Origin Policy" and privacy features that block third-party cookies, as well as to exfiltrate personal data without consent. Furthermore, it accuses Oracle of selling repression in China, a Chinese surveillance broker that became Oracle's "Partner of the Year" in 2021.?

Overall, the lawsuit presents a detailed and comprehensive review of the class action lawsuit against Oracle, with the plaintiffs arguing that Oracle has engaged in a range of misconduct related to the collection, use, and sale of personal data, which have resulted in unfair and illegal profits at the expense of the plaintiffs and class members, and also a significant risk to personal privacy.?

Conclusions and insights

?In recent years, governments have had to address the issue of regulating personal information within their authority due to the increasing concern of data breaches, invasions into computer networks, and other privacy concerns. The European Union and states such as California and Virginia have responded to these concerns by enacting privacy laws that give consumers improved control and access to their personal data.?

Europe's General Data Protection Regulation (GDPR) set a precedent as the world's first comprehensive data privacy legislation. The United States, on the other hand, does not have a comprehensive law at the federal level and instead has a "patchwork of laws" enacted by individual states. In response to this, there has been pressure from both the private and public sectors for the United States to create federal data privacy legislation like the GDPR.?

While there have been multiple attempts by both Democrats and Republicans to pass an overarching federal law, the United States remains without one. This report supports the argument that there needs to be a federal data privacy law for two reasons:

§?The industry would benefit from a uniform standard that would provide a more streamlined approach to data privacy.

§?A comprehensive data privacy legislation will provide consumers with uniform rights over their personal information.?

In conclusion, the OECD has provided core principles for data privacy protection, which are embodied in current privacy laws. Both the United States and EU member states have adhered to these principles but have different approaches to data privacy.?

The EU recognizes data privacy as a fundamental right and has developed legislation accordingly, while the United States has a more sectoral approach to data privacy and has developed varying interpretations of what constitutes data privacy and personal information protection. The EU's view of data privacy as a fundamental right is reflected in its jurisprudence and its legislation, including the General Data Protection Regulation (GDPR), which gives EU citizens more control and access to their personal data.?

In contrast, the United States does not have a comprehensive federal data privacy law, but some states like California have enacted their own data privacy regulations. A federal data privacy legislation like the GDPR would benefit the industry and provide consumers with uniform rights over their personal information.?

It appears[9]?that the US would gain numerous benefits from issuing privacy laws. The main argument for federal data privacy legislation is that it would provide a more streamlined approach to data privacy for the industry. This can result in clarity for both the regulated entities, as well as those designated to enforce the law. This can in turn increase the opportunity for companies to compete fairly and effectively in the global economy.?

Additionally, this can have a positive effect on the US economy, as technology companies such as Google, Twitter, and Facebook have expressed and urged the need for a federal data privacy law. Moreover, it is worth mentioning that past federal legislative attempts supporting data privacy reform reflect these views.?

Another benefit that federal data privacy legislation would bring is that it would give consumers uniform rights over their personal information. As more consumers become aware of how their personal data, including sensitive information, is sold for profit through other comprehensive laws such as the GDPR, their interest in protecting their rights will increase as well. This can lead to a higher level of trust in companies and organizations that manage personal data, as well as an increase in consumer confidence in the marketplace.?

Furthermore, federal data privacy legislation can also provide federal and state partnerships for enforcement. This can lead to a more effective way of enforcing data privacy laws and regulations, as well as help to ensure that companies are held accountable for any violations. Additionally, the inclusion of a private right of action in federal data privacy legislation can give individuals the ability to take legal action against companies and organizations that have violated their data privacy rights.?

On the other hand, there are some challenges associated with federal data privacy legislation. For example, smaller businesses may not have the resources to adapt to a federal data privacy law. Additionally, challenges associated with a COVID-19 economy, including supporting employees, changes in customer preferences, and reduced demand make privacy concerns a secondary priority for small businesses.?

Overall, issuing privacy laws in the US would bring multiple benefits for both the industry and consumers. It can result in a more streamlined approach to data privacy for the industry, as well as give consumers uniform rights over their personal information. Additionally, it can provide federal and state partnerships.?

There are a few significant challenges facing the United States regarding issuing national privacy laws soon. One of the main challenges is the need for a strong set of uniform consumer rights that are applicable to all citizens and legal residents. At present, entities are required to provide different rights to consumers depending on where they reside. With different rights being offered in different states, it is neither practical for consumers to expect different rights depending on where they access the internet or other technology, nor for businesses to comply with different regulatory standards set by each state.?

Another challenge is the need for partnerships between federal and state authorities for enforcement. Congress should consider creating a new structure, such as a data privacy office within an already existing agency, which is designed to help businesses and consumers resolve complaints. Such an agency could reside within the Federal Trade Commission (FTC) and work closely with state attorney generals to determine appropriate policies.?

We recognize the importance of including a private right of action in any federal privacy legislation. A private right of action would allow individuals to sue companies directly for violations of their privacy rights, like how it is included in the General Data Protection Regulation (GDPR) and other existing state laws such as the California Consumer Privacy Act (CCPA) and the New York Privacy Act. Without this option, enforcement would be left to state and federal enforcement agencies such as the FTC and other private funds and offices. However, the inclusion of a private right of action tends to become a political issue, with some legislators favoring the inclusion while others oppose it.

Overall, the passage of federal data privacy legislation would provide a more streamlined approach to data privacy and give consumers uniform rights over their personal information. The industry also benefits from a comprehensive data privacy law as it would increase clarity for both the regulated entities as well as those designated to enforce the law.?

This clarity can have positive effects, such as the opportunity to compete fairly and effectively in the global economy. However, there are also challenges that need to be taken into consideration such as the need for a strong set of uniform consumer rights, Federal and State partnerships for enforcement, and the inclusion of a private right of action.?

And finally, based on the report we would like to suggest a conceptual "Do" list, for companies who need to comply with the PII regulation in the US.?

1. Understand and assess the specific regulations and laws that apply to your organization, such as HIPAA for healthcare organizations, GLBA for financial institutions, and CCPA/CPRA for businesses operating in California.
2. Develop and implement a comprehensive data protection and privacy policy that complies with all relevant regulations and laws.
3. Perform regular risk assessments to identify potential vulnerabilities and threats to personal information and act appropriately to mitigate them.
4. Implement robust security controls to protect personal information, such as access controls, audit controls, and transmission security measures.
5. Provide clear and conspicuous notices about data collection and sharing practices to customers, including the types of information collected, the purpose for collecting it, and
6. allow customers to access, correct, and delete their personal information and provide them with the ability to opt out of certain types of information sharing.
7. Implement and maintain reasonable security measures to protect personal information and comply with the incident response plan and regular testing of security systems.
8. Train all employees on data protection and privacy policies, procedures, and regulations.
9. Regularly monitor and document compliance with all relevant regulations and laws, including maintaining records of data breaches and reporting them as required by law.
10. Work closely with a qualified security and compliance professional to ensure that your organization is following all relevant regulations and laws, and to stay up to date on any changes or updates to the regulations.

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Disclaimer

This report has been prepared by Webintelligency using open-source intelligence (OSINT) techniques. The information contained in this report has been obtained from sources believed to be dependable, but we do not guarantee its accuracy or completeness. We conduct our business with the highest ethical standards and strive to bring things as they appear. This report is intended to supply decision-supportive information and should not be taken as definitive truth. We do not accept liability for any errors or omissions, or for any actions taken based on the information contained in this report. It is important to note that OSINT has limitations, including the possibility of incomplete or out-of-date information. Therefore, it is recommended to verify and supplement the information contained in this report with added sources. We hope this disclaimer helps clarify the nature and limitations of the information contained in this report. If you have any questions or concerns, please do not hesitate to contact us.

[1]?https://www.iab.com/wp-content/uploads/2022/09/IAB_State_of_Data_2022_Preparing_for_the_New_Addressability_Landscape.pdf

[2]?https://www.statista.com/statistics/273550/data-breaches-recorded-in-the-united-states-by-number-of-breaches-and-records-exposed/

[3]?https://www.comparitech.com/blog/vpn-privacy/data-breach-statistics-facts/

[4]?https://archives.sa.gov.au/sites/default/files/public/documents/Privacy%20%26%20Cloud%20Computing%20Guideline.pdf

[5]?https://www.iab.com/wp-content/uploads/2022/09/IAB_State_of_Data_2022_Preparing_for_the_New_Addressability_Landscape.pdf

[6]?https://www.nytimes.com/wirecutter/blog/state-of-privacy-laws-in-us/

[7]?https://images.law.com/contrib/content/uploads/documents/401/61397/Marker-Group-data-breach-complaint.pdf

[8]?https://www.iccl.ie/wp-content/uploads/2022/08/File-Stamped-2022-08-19-Oracle-Complaint.pdf

[9]?https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1153&context=ndjicl