Data Privacy Law in the United States

Following are federal laws for data privacy laws.

GLBA – The financial organizations are required by the GLBA for explaining the procedure of protecting as well as sharing the sensitive information of the customers. These. Financial institutions and banks are governed by the GLBA.

HIPAA- The disclosure and usage of protected health information (PHI) is regulated by the HIPAA federal law.

Children’s online privacy protection act- The collection of personal information concerning children under the age of 13 is restricted under this statute.

Family educational rights and privacy act (FERPA) – Privacy of records of students are protected under this act which is applicable to the school receiving funds from the US department of education.

Fair credit reporting act- Collection, as well as usage of consumer information, is governed under this act.

For preventing deceptive trade practices, the Federal Trade Commission (FTC) has jurisdiction at the federal level. It also includes jurisdiction over data privacy issues. The authority of enforcing privacy laws, issuing regulations as well as taking action to protect the consumer is with the FTC. Following are the actions against which the FTC can take action.

When an organization fails in creating, implementing as well maintaining reasonable measures concerning data security.

When the data privacy rights of the consumer are violated due to collection, processing, or sharing of personal information without their permission.

When false or inaccurate and ambiguous privacy, as well as security policies, are published or established, which is shared with the consumers.

When any personal information is collected, processed, and transferred in such a manner that was not disclosed in the privacy policy.

Data Privacy Law in State
The states of the United States possess their data privacy as well as security laws. The law concerning data privacy is under the responsibility of the state attorney general office. The provisions of regulations at the state level are often overlapping or not compatible. For instance, the law concerning data breach notification has been adopted by 50 states. However, the definition of personal data varies in different states, which also includes the ingredients that constitute a breach of data. Similarly, data disposal regulation has been enacted by at least 35 states addressing the laws concerning digital data in specific. Following are some important state data privacy laws enacted.

California Consumer Privacy Act- The growth in the public concern concerning the amount of personal data collected digitally as well as by the business technology gave rise to a ballot initiative from which the California data privacy law started. Core principles of data protection, as well as requirements of data privacy, are incorporated in this law.

Colorado Privacy Act- This Act applies to the controllers operating in Colorado or delivering products or services that target residents of the place. It applies to the controllers, controlling or processing data of 100,000 or more consumers per year and obtaining revenue or getting discounts on the cost of the goods or services by selling or processing or controlling the personal data of the consumers.

Enforcement of Data Privacy in the US
Addressing the modern privacy issues along with providing data privacy-protecting has been trending globally. In May 2018, the general data protection regulation (GDPR) was implemented by the EU, defining data privacy. GDPR applies to the states which are members of the EU, as well as organizations, collecting or processing data of the residents of Europe. The GDPR of the EU cannot be compared to the United States. Only of the only democracy as of 2021 is the United States which is the only member of the organization for economic cooperation and development, having no federal data protection agency. Therefore, the US does not have a comprehensive data protection law and regulates data privacy according to several laws passed at the state as well as the federal level.

It is important for the organizations to know all the legislation relevant before the collection of data which is personal. Any organization failing to do so attracts lawsuits and fines.

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