Data privacy and more specifically, user privacy, has become the focus for many in the past year. Some may say that the European Union began this “trend” with the implementation of the General Data Protection Regulation (GDPR) with California soon following in their footsteps with the California Consumer Privacy Act (CCPA). However, seemingly more silently in New York, The Stop Hacks and Improve Electronic Data Security, or SHIELD Act has also been created in the interest of the protection of personal information. The SHIELD Act was enacted on July 25, 2019 as an amendment to the General Business Law and the State Technology Law to include breach notification requirements and stronger rules in place to enforce against businesses handling personal information. The SHIELD Act recently went into effect on March 21, 2020.
The California Attorney General’s office released an updated draft to the California Consumer Privacy Act (CCPA) on February 10th. This updated draft follows the four public hearings that were held in December of 2019 and over 1,700 pages of submitted comments. Comments are being heard as of the posting of this article, and if no new changes are made, a final rulemaking record will be submitted.
The California Consumer Privacy Act (CCPA) has been the first step away from the sectoral approach that United States’ privacy laws have followed for many years. While it is set to take effect on January 1, 2020—only recently was the first draft guidance published. Set forth by California’s Attorney General, Xavier Becerra, it states how the CCPA will be enforced. As is standard in notice and rulemaking standard in administrative law, a public consultation period is now in effect and will remain open for comments and hearings until December 6, 2019.
Data protection measures have been increasingly crossing news headlines ever since the General Data Protection Regulation (GDPR) came into effect in 2018. However, data protection measures did not begin with the GDPR. In the United States, where there is a sectoral system in place, there have been regulations in place for years that monitor children’s online privacy (COPPA), health information (HIPAA), spam (CAN-SPAM), and even video rental history (VPPA). Despite these systems being implemented years ago, large companies still fail to properly comply with the requirements set forth. Recently, a settlement between YouTube and the FTC brought to light the importance of compliance with COPPA.
Artificial intelligence is all around us. Whether it exists in your iPhone as “Siri” or in complex machines that are detecting diabetic retinopathy, it is constantly growing and becoming a regular part of the modern day. As with any new technology, regulation surrounding artificial intelligence is becoming increasingly problematic. The question facing us now is how do we encourage further development without accidentally hindering its growth? Recently, the Food and Drug Administration has attempted to take steps toward further regulation of artificial intelligence by introducing a review process for medical artificial intelligence. This is just one instance of how regulation may affect the evolution of artificial intelligence.
Ever since the enactment of the General Data Protection Regulation in the European Union, data privacy and data protection have become a hot topic for businesses and countries around the world. In the digital age where personal data is constantly collected, processed, and used, the need for strong data collection regulations has never been more important. Many countries have begun to enact data protection laws, and the most recent addition to a comprehensive data protection act is seen in Thailand. On February 28th, 2019 Thailand’s National Legislative Assembly approved the very first comprehensive data protection law in the country, the Thailand Personal Data Protection Act, which will be effective after a one-year transition period to help ensure compliance.
Ever since the Facebook and Cambridge Analytica scandal, concerns surrounding data privacy and protection have been growing. Both government agencies and individual users have particularly been concerned on how their data is being collected and used on social media websites such as Facebook. Germany has taken action in response to such concerns and recently took a step against Facebook’s collection of data in a decision that outlawed Facebook’s entire advertisement regime.
New data privacy regulations entail questioning both current and future technologies. Recently, Amazon has introduced a store concept that eliminates everyone’s least favorite things about shopping, long lines and small talk. Amazon Go is the grocery store of the future and these stores allow consumers to walk in, pick up the items that they need, and then walk right back out. That’s it. No long lines, no cashiers, no shopping carts. However, as great as this concept seems, there are still concerns from a data privacy standpoint as Amazon needs to collect personal data from its consumers in order to be able to lawfully execute these checkout-less stores.
On June 28, 2018 California took a page out of the European Union’s (EU) book and signed the California Consumer Privacy Act (CaCPA) into law. The CaCPA is a landmark privacy bill that will come into effect on January 1st, 2020 and it is being closely compared to the General Data Protection Act (GDPR).
What does this mean for California businesses and residents? In short, more privacy and more control over data. Key aspects include allowing consumers to request what data an organization has collected about them, allowing consumers the right to fully erase data, protecting children’s data, and making verification processes more stringent for businesses.
In a world where our reliance on technology and the cloud is increasing exponentially, data security’s growth has stagnated. The European Union (EU) passed the General Data Protection Regulation (GDPR) in hopes of ensuring that consumer data is protected and not harbored by businesses. The effects of the GDPR, however, have passed the borders of the European Union. In a world where our actions extend internationally with just the click of a button, the GDPR’s impact circles the globe as well. The GDPR has pushed for a shift in data privacy and regulation for companies within and outside of the EU as it holds to protect European citizens, no matter where they are in the world. This international reach has not only created forces to drive U.S. companies to comply, but states within the U.S. are now creating GDPR-inspired laws to protect their own citizens. The GDPR has started a trend that will soon become the norm and finally push compliance to keep up with the exponential growth of technology.