In 1968, the council of europe began to study the effects of technology on human rights, recognizing the new threats posed by computer technology that could link and transmit in ways not widely available before. In 1969 the o
In canada, a p
Fair information practice
There are significant differences between the eu data protection and us data privacy laws. These standards must be met not only by businesses operating in the eu but also by any organization that transfers personal information collected concerning citizens of the eu. In 2001 the united states department of commerce worked to ensure legal compliance for us organizations under an opt-in safe harbor program. The ftc has approved truste to certify streamlined compliance with the us-eu safe harbor.
In 1995 the e
The united states does not have a specific federal regulation establishing universal implementation of privacy policies. Congress has, at times, considered comprehensive laws regulating the collection of information online, such as the consumer internet privacy enhancement act and the online privacy protection act of 2001, but none have been enacted. In 2001, the ftc stated an express preference for "more law enforcement, not more laws" and promoted continued focus on industry self-regulation.
In many cases, the ftc enforces the terms of privacy policies as promises made to consumers using the authority granted by Section 5 of the ftc act which prohibits unfair or deceptive marketing practices. The ftc's powers are statutorily restricted in some cases; for example, airlines are subject to the authority of the f
In some cases, private parties enforce the terms of privacy policies by filing
While no generally applicable law exists, some federal laws govern privacy policies in specific circumstances, such as:
The gramm-leach-bliley act requires institutions "significantly engaged" in financial activities give "clear, conspicuous, and accurate statements" of their information-sharing practices. The Act also restricts use and sharing of financial information.
The health insurance portability and accountability act (hippa) privacy rules requires notice in writing of the privacy practices of health care services, and this requirement also applies if the health service is electronic.
Canada's federal privacy law applicable to the private sector is formally referred to as personal information protection and electronic documents act (pipeda). The purpose of the act is to establish rules to govern the collection, use, and disclosure of personal information by commercial organizations. The organization is allowed to collect, disclose and use the amount of information for the purposes that a reasonable person would consider appropriate in the circumstance.
The act establishes the privacy commissioner of canada as the ombudsman for addressing any complaints that are filed against organizations. The commissioner works to resolve problems through voluntary compliance, rather than heavy-handed enforcement. The commissioner investigates complaints, conducts audits, promotes awareness of and undertakes research about privacy matters.
The right to privacy is a highly developed area of law in europe. All the member states of the european union (eu) are also signatories of the european convention on human rights (echr). Article 8 of the echr provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The european court of human rights has given this article a very broad interpretation in its jurisprudence.
In 1980, in an effort to create a comprehensive data protection system throughout europe, the organization for economic co-operation and development (oecd) issued its "recommendations of the council concerning guidelines governing the protection of privacy and trans-border flows of personal data". The seven principles governing the oecd’s recommendations for protection of personal data were:
Notice—data subjects should be given notice when their data is being collected;
purpose—data should only be used for the purpose stated and not for any other purposes;
consent—data should not be disclosed without the data subject's consent;
security—collected data should be kept secure from any potential abuses;
disclosure—data subjects should be informed as to who is collecting their data;
access—data subjects should be allowed to access their data and make corrections to any inaccurate data; and
accountability—data subjects should have a method available to them to hold data collectors accountable for not following the above principles.
The oecdguidelines, however, were nonbinding, and data privacy laws still varied widely across europe. The us, while endorsing the oecd’s recommendations, did nothing to implement them within the united states. However, all seven principles were incorporated into the eu directive.
In 1995, the eu adopted the d
Effective 25 May 2018, the d
The information technology (amendment) act, 2008 made significant changes to the Information technology act, 2000, introducing section 43a. This section provides compensation in the case where a corporate body is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person. This applies when a corporate body possesses, deals or handles any sensitive personal data or information in a computer resource that it owns, controls or operates.
- clear and easily accessible statements of its practices and policies;.
- type of personal or sensitive personal data or information collected;
- purpose of collection and usage of such information;
- disclosure of information including sensitive personal data or information;.
- reasonable security practices and procedures.
Online privacy certification programs
Online certification or "seal" programs are an example of industry self-regulation of privacy policies. Seal programs usually require implementation of fair information practices as determined by the certification program and may require continued compliance monitoring. trusta
Some websites also define their privacy policies using p3p or i
Many critics have attacked the efficacy and legitimacy of privacy policies found on the Internet. Concerns exist about the effectiveness of industry-regulated privacy policies. For example, a 2000 ftc report privacy online: Fair information practices in the electronic marketplace found that while the vast majority of websites surveyed had some manner of privacy disclosure, most did not meet the standard set in the ftc principles. In addition, many organizations reserve the express right to unilaterally change the terms of their policies. In June 2009 the eff website tosback began tracking such changes on 56 popular internet services, including monitoring the privacy policies of a
There are also questions about whether consumers understand privacy policies and whether they help consumers make more informed decisions. A 2002 report from the s
Privacy policies suffer generally from a lack of precision, especially when compared with the emerging form of the data use statement. Where privacy statements provide a more general overview of data collection and use, data use statements represent a much more specific treatment. As a result, privacy policies may not meet the increased demand for transparency that data use statements provide.