4 Privacy Laws You Need to Know

Privacy laws exist to protect individuals’ right not to have their private information publicly released. These laws can be found at the national, state, and local levels.

For example, if a woman who is about to have a caesarian section agrees to be filmed during her procedure, it’s considered an invasion 성범죄전문변호사 of her privacy.

The U.S. Privacy Act of 1974

The Privacy Act establishes controls on how personal information about individuals is collected, maintained, used and disseminated by Federal agencies. It also allows U.S. citizens and lawfully admitted aliens to request records about themselves from Federal agencies. It requires agency heads to publish System of Records Notices describing their systems of records, and it imposes other recordkeeping and disclosure requirements on agencies.

Privacy Act rules allow individuals to determine whether a Federal agency maintains records pertaining to them; obtain access to those records; and request amendment of those records. Individuals can exercise these rights by filing a written request with the appropriate authority in the agency which maintains the records.

Privacy Act exemptions differ from those under the Freedom of Information Act in that they apply not to a single record, but to a “system of records.” In other words, an agency can only decide to withhold personal information from a specific system of records after it receives a request. The withholding must be based on an assessment of the balance between the individual’s interests in communicating with his or her private attorney and the government’s interests in maintaining confidentiality.

The California Consumer Privacy Act (CCPA)

The CCPA (or CPRA) supports an individual’s right to privacy by requiring businesses to have mechanisms in place for consumers to access, request deletion, and opt-out of the sale of personal information. The law also requires businesses to disclose their data collection and sharing practices.

The law defines “personal information” as anything that identifies, describes, relates to, or could be associated with a particular consumer. It also includes classifications such as race, sex, and nationality, which can be used to infer characteristics about a person. The law also classifies information as sensitive, which requires special handling and extra security.

The CCPA applies to for-profit businesses that collect personal information from California residents and have gross annual revenues over $25 million or derive over 50% of their revenue from the sale of a consumer’s personal information. Companies must disclose their data collection and sharing practices to consumers, provide a clear and conspicuous link on their website homepage to their privacy policy, and offer a toll-free number for consumers who wish to exercise their rights. They must also honor requests for access to or deletion of data.

The California Privacy Rights Act of 2020 (CPRA)

If you work in the tech industry, you’ll need to know about California’s new laws that affect data privacy. The CPRA will require that your organization comply with the law if it buys, sells, or shares the personal information of 100,000 people or households, or if it makes $25 million or more in global revenue for the previous calendar year. This is a smaller threshold than the one in the earlier CCPA and makes CPRA a friendlier piece of legislation for small to medium enterprises.

Moreover, the CPRA establishes that consumers have a constitutional right to privacy and should be able to freely negotiate with businesses over how their personal information is collected, sold, or used. Consumers should also be able to opt out of any data sale or sharing and have their rights enforced by an independent watchdog, if necessary.

Moreover, the CPRA requires that your organization limit data collection and disclosure to the purpose for which it was originally collected and that it disclose a clear, concise, and understandable privacy notice. It also requires that your business notify consumers about data breaches and establishes a fine of up to $7500 for negligent violations and $2500 for willful ones.

The Virginia Consumer Data Protection Act (VCDPA)

The Virginia Consumer Data Protection Act (VCDPA) is a comprehensive privacy law that comes into effect on January 1, 2023. It requires businesses to provide consumers with a clear and understandable privacy notice and implement strict security measures to protect personal data. Businesses must also respond to any consumer requests promptly.

Unlike CPRA and CCPA, the VCDPA does not include device activity in its scope of protected information. It does, however, require a privacy notice that includes an explanation of how a business might use device data to tailor its products and services. It also prohibits discrimination against consumers who exercise their rights.

The VCDPA has several similarities to GDPR, including an opt-out regime for high-risk data processing. For example, under the law, companies must obtain consent before using data that reveals a person’s race or ethnic origin, religious beliefs, mental health diagnoses, sexual orientation, citizenship or immigration status, genetic or biometric data that uniquely identifies an individual, and precise geolocation data. It also requires companies to conduct data protection impact assessments for any high-risk processing activities.

The Utah Consumer Privacy Act (UCPA)

Utah’s consumer privacy law is similar to California, Colorado, and Virginia’s laws but has some unique aspects. For example, it requires businesses to respond to consumer requests within 45 days and must implement mechanisms for tracking, verifying, and honoring those requests. It also requires companies that process children’s data to obtain verifiable parental consent. The UCPA is less burdensome for businesses than the CCPA, CPRA, and VCDPA because it has lower revenue and processing thresholds and excludes certain types of data and entities. It applies to businesses that derive more than 50 percent of their revenue from the sale of personal data and to those who control or process the personal data of 25,000 Utah consumers. It also exempts higher education institutions and health-related information.

The UCPA also defines “consumer” more narrowly than the CCPA and CPRA, excluding individuals who are acting in an employment context. And it does not require companies that share data for targeted advertising to offer opt-outs of that use. In addition, it requires controllers to disclose how they collect and use personal data to consumers.