Various Privacy Regulations

Privacy Regulations

Various privacy regulations are applicable globally, with many countries and regions enacting their own laws to protect personal data.¹ These regulations vary in their scope, definitions, and requirements, but they generally aim to give individuals more control over their personal information and hold organizations accountable for how they handle it.

Here are some of the most prominent privacy regulations:

Global and Regional Regulations

• General Data Protection Regulation (GDPR): This is the most well-known and influential privacy regulation.² It is a European Union law that applies to all organizations that process the personal data of individuals residing in the EU, regardless of the organization's location.³ The GDPR grants individuals a number of rights, including the right to access their data, the "right to be forgotten" (erasure), and the right to data portability.⁴ It also sets strict rules for obtaining consent and requires organizations to report data breaches within 72 hours.⁵

  
  

• General Personal Data Protection Law (LGPD): Brazil's LGPD is often referred to as the "Brazilian GDPR" because it shares many similarities with the European law.⁶ It establishes rules for the collection, use, storage, and sharing of personal data in Brazil.⁷ The law applies to any organization that processes the data of individuals located in Brazil or offers goods and services to them.⁸

  
  

• Personal Information Protection and Electronic Documents Act (PIPEDA): This is Canada's federal privacy law for the private sector.⁹ It governs how private organizations collect, use, and disclose personal information during commercial activities.¹⁰ PIPEDA is based on ten "Fair Information Principles," including accountability, identifying purposes for data collection, obtaining consent, and implementing security safeguards.¹¹

  
  

United States Regulations

The United States has a patchwork of privacy laws, with no single federal comprehensive regulation. Instead, privacy is addressed through a combination of sector-specific federal laws and comprehensive state-level laws.

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA): The CCPA, which was later amended by the CPRA, is a landmark privacy law in California.¹² It gives California residents the right to know what personal information is being collected about them, the right to request deletion of their data, and the right to opt out of the sale or sharing of their personal information.¹³ The law applies to for-profit businesses that meet specific revenue or data-handling thresholds.

  
  

• Health Insurance Portability and Accountability Act (HIPAA): This federal law governs the protection of sensitive patient health information.¹⁴ HIPAA establishes national standards for the security of electronic protected health information (e-PHI) and sets limits on the use and disclosure of protected health information (PHI) by "covered entities" (such as health plans, healthcare providers, and healthcare clearinghouses) and their "business associates."¹⁵

  
  

• State-Level Laws: Many other U.S. states have enacted their own comprehensive privacy laws, including the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), and the Utah Consumer Privacy Act (UCPA).¹⁶ While these laws have unique provisions, they generally provide consumers with rights similar to the CCPA, such as the right to access, correct, and delete their personal data.