Data Privacy Laws Around The World – I’m sure it’s on your calendar, but May 25, 2020 marks the second birthday of the European Union’s General Data Protection Regulation (or GDPR for short).
If you’ve tried to read the GDPR, you’ll agree that it’s a very dry piece. But the idea behind the words turned out to be explosive, not only in Europe, but for everyone in the world to work in some way with the data of European customers. With June 2018 seeing headlines like “GDPR overtakes Beyoncé in Google searches,” no one can argue that this regulation has had an impact on public awareness. It defined our personal data as our own for the first time in history and held companies responsible for the security of the customer data they hold, threatening anyone who violates its clauses with a fine of up to €20 million (or 4% from the company’s annual turnover, whichever is greater).
Data Privacy Laws Around The World
But while it’s one of the most talked-about privacy laws to date, it’s not the first — and certainly not the last — law in the world passed protecting customer data.
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In this article, as it is GDPR’s birthday, I will begin by highlighting what this mammoth law has achieved in its two years and assess what it needs, in terms of lessons learned. I’ll look at the OG data privacy laws, Canada’s PIPEDA, Japan’s APPI and Australia’s Privacy Act 1988 to see if these money surfers have what it takes to protect their citizens’ data. Finally, I’ll introduce the new rules that have emerged from the shadow of GDPR, saying do they live up to their big brother’s name… and better?
I will close with a brief summary of what I believe makes good data privacy law, which is “customer first”, in line with my understanding of “Dynamic Consent”. Laws need to be developed not only to protect people, but also to empower them to take back control of their data with accessible information and tools, at any time they choose, because we get to decide who keeps it our data.
First, a summary of “GDPR for Dummies”. The GDPR, as stated by WIRED, is “the strongest set of data protection rules in the world.” Its main goals are to limit the number of companies that can handle customers’ personal data and to give people more control over how companies store their data and what companies do with it.
The GDPR law applies to all EU companies that collect, store or process data about EU citizens (not just citizens) and non-EU companies that provide goods or services to EU citizens, monitor their behavior or behavior. Personal data.
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There are some rules that aim to achieve the goals I mentioned above. This includes mandatory data notifications (breaches must be reported to supervisory authorities within 72 hours of discovery by organizations; they must warn affected data subjects without delay), indicating actual consent (changing the rules on how much easy for consumers to provide their data, for example removing pre-selected fields from forms ) and information and personal messages (providing short and simple personal messages to collect data from customers).
The penalties for GDPR violations are strong, at least on paper. Fines of up to €20 million or 4% of annual global turnover – whichever is greater – can be imposed. So let’s look at the numbers, what has GDPR achieved in the last two years?
160,000 data breach reports have been reported across countries under the GDPR and interestingly, the daily number of breach notifications continues to grow. a bit of both). Specifically, the daily number of breach notifications has increased by 12.6% from the first eight months of GDPR to now.
And, the number you’ve been waiting for, GDPR generates … 114 million euros in fines. This does not include the €329m that the UK’s Information Commissioner’s Office (ICO) is expected to hold for companies such as Marriott and British Airways that suffered the biggest high-profile data breaches. GDPR payments to these companies have been delayed until the end of 2020 due to the coronavirus pandemic. The highest GDPR fine to date is €50 million against Google by the French data protection regulator, which claims the media giant breached the GDPR’s legal basis and used customer data without proper consent.
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So what does this mean? Is GDPR achieving its goals? In my opinion, GDPR has done a great job in increasing the importance of personal data privacy and has caused a real change in the way companies handle customer data. This is an amazing thing. My criticism of the regulation is that, while it aims to give consumers control over their data, the onus is entirely on companies to change their ways. GDPR is very complex, so it will be difficult for ordinary people to use it to their advantage without tools and advice that can make it easier and help them take control of their information. privacy. This concept of “strong consent,” which I’ll discuss at the end, is one that can truly transform data privacy into a new era where data is common.
Despite all the hype, GDPR isn’t the first regulation enacted to limit companies’ use of people’s personal data. The real OGs are Canada’s PIPEDA, Japan’s APPI and Australia’s Privacy Acts – but are any of them subject to GDPR?
Canadian PIPEDA: Winning the award for longest acronym, PIPEDA (Personal Information Protection and Electronic Documents Act) became Canadian law on April 13, 2000. in adjusting his view to the growth and interest of the e-commerce landscape. its citizens can use these services without worrying that their information will be misused.
Expected to come into force every five years, PIPEDA is very similar to GDPR, with rules on purpose (services must collect the data necessary to complete a transaction) and responsibility (as GDPR requires all organizations to have a data controller data, Canadian organizations must have a person or organization responsible for privacy policies). The biggest gap is that PIPEDA has nothing like GDPR’s “Right to be Forgotten”, which gives consumers the right to ask any service to delete their personal data.
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Japanese APPI: The Personal Information Protection Act (APPI) was born in Japan in 2003 and is one of the first data protection regulations in Asia. The law was the same for twelve years until 2015 when Japan experienced a series of data breaches, starting to give APPI a facelift. The revised APPI was launched in May 2017, which applies to all companies that handle the personal data of Japanese citizens. The vintage APPI only applied to companies with 5,000 “identified people” in their database for at least one day in the last six months, but this limit has been removed entirely.
Like PIPEDA, APPI is very similar to GDPR but has a “Right to be Forgotten” rule. What is missing is the requirement to publish the requested data. Japan’s independent Personal Information Protection Commission (PPC) will contact companies if it discovers a data breach and ask the company to correct the error. If the demands are ignored, employers can face fines of up to ¥500,000 (about US$4,600) or up to a year in prison.
Australian Privacy Acts: The oldest of them all, the current Australian data privacy regulations from the Privacy Act 1988 were developed by the Privacy Regulations 2013 and the Privacy Amendment Act 2017 to record to report security breach. . Although the Acts in due course will more closely resemble the GDPR, in general Australian culture they will be smaller.
For example, if a company discovers it has had a breach, it has 30 days to assess the breach and report it to the Office of the Australian Information Commissioner (OAIC), with an exception to GDPR’s 72-hour hardship. In addition, Australian government agencies, companies and not-for-profit organizations with less than $3 million are not required to comply with the same laws as large corporations. This is a concern because size doesn’t matter when it comes to becoming a victim of a data breach.
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Therefore, the regulations available before GDPR are the same, but at the same time everything available in the European regulation is different. The same can be said for corrections to it
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