Mindmap
Chapter 2
Inhalt der Mindmap
Chapter 2
Self-regulation
- Creation of codes by company, industry or independent body.
- There may not be any generally applicable data protection law that creates a legal framework.
- PCI - Payment Card Industry Data Security standard.
- Collecting and Storing - This involves the secure collection and tamper-proof storage of log data so that it is available for analysis. Reporting - This is the ability to prove compliance should an audit arise. The organization should also show evidence that data protection controls are in place. Monitoring and Alerting - This involves implementing systems to enable administrators to monitor access and usage of data. There should also be evidence that log data is being collected and stored.
- Groupe Speciale Mobile Association
- OPA= Online Privacy Alliance
- Seal programs: Where participants must abide by codes of info practices and submit to monitoring to ensure compliance.
- TRUSTe
- BBBOnine
- WebTrust
- AMIPCI Trust Mark
- TrustSG
- Emphasis of the industry to inform of its own personal information practices.
Comprehensive model in EU
- 1. To remedy past injustices 2. Ensure consistency with EU privacy laws 3. Promote electronic commerce
- Netherlands has developed code in close consultation with industries. Breach is considered violation of the Netherlands Data Protection Act.
- Same for Ireland. Approval from Data Protection Commissioner and Parliament.
- CRITICISMS: 1. 'One size fits all' costly, impractical for small operations 2. Discourages IT innovation
- FIPS: Adecuate fairly and lawfully, accurate..
- BCRs = Binding Corporate rules
- Legally binding internal corporate privacy rules fro transferring personal information within a corporate group established by te EU Article 29 Working Party
- Retraceable pseudonymized data may be considered information of individuals who are indirectly identifiable.
- Legally binding internal corporate privacy rules fro transferring personal information within a corporate group established by te EU Article 29 Working Party
- EU e-privacy directive (2002/58/EC
- 1. Opt-in, opt-out consent, 2. Cookie notice, 3. Stronger individual subscriber rights, 4. Value-added services through location 5.
- EU Cookie directive 2009
- Data Protection Directive
- Formed Article 29 Working Party, a group of data protection authorities that provided guidence on a wide range of data protection issues.
- Laws enforced by national DPAs of member states as well as DPA of the European Commissiion itself.
- Formed Article 29 Working Party, a group of data protection authorities that provided guidence on a wide range of data protection issues.
- EU-US Safe Harbor Agreement
- US Dept of Commerce with European Commission
- Companies subject themselves to the authority of a US enforcement authority.
- FTC or Deptartment of Transportation (DOT)
- Companies subject themselves to the authority of a US enforcement authority.
- 1. Notice 2. Choice 3. onward transfer 4. Access 6. Security 7. Data Integrity 8. enforcement
- US Dept of Commerce with European Commission
- EFTA=European Free Trade Association
- Europe outside EU
- Andora: Qualified Law 2003
- Armenia: Law of the Republic of Armenia on Personal Data 2003
- Azerbaijan
- Bosnia and Herzegovina
- Belarus
- Croatia
- Kosovo
- Moldova
- Russia
- Serbia
- Ukraine
Sectoral model in US and Japan
- Fair Information Practices
- Financial Services Modernization Act 1999
- Consumer Privacy Bill of Rights, not enacted into law.
- Federal Privacy Laws
- HIPAA Act 1996
- Required US Dept of Health and Human Services to promulgate comprehensive regulations to protect privacy.
- HITECH Act 2009
- COPPA
- Compliance with code is sufficient for compliance with statute, once code is approved by FTC.
- FTC = -Federal Trade Commission.
- Independent agency in USA. IP addresses ARE personal information.
- FTC = -Federal Trade Commission.
- Compliance with code is sufficient for compliance with statute, once code is approved by FTC.
- FCRA
- Gramm-Leach-Bliley Act (GLBA)
- The Privacy Act 1974
- FOIA: Freadom of Information Act 1966
- eFOIA: Updated 1996
- HIPAA Act 1996
- America outside US
- Canada: Privacy Act of 1983 and PIPEDA 2000.
- Latin America
- Argentina
- Bahamas
- Chile
- Colombia
- Costa Rica
- Mexico
- Paraguay
- Perú
- Triniada and Tobago
- Uruguay
Co-regulatory model in Australia and NZ
- Industry development of enforceable codes or standards from privacy / data protection (against the backdrop of legal requirements of government.
- National laws encourage creation of industry-specific codes. Once promulgated, they have effec in place of the underlying statutory protection.
- Australia: Telecommunications Act 1997, National Health Act 1953, Data Machning Programs Act 1990, Crimes Act 1914.
- Asia/Pacific outside Australia
- Hong Kong
- India
- Indonesia
- Japan
- Kyrgyz Republic
- Macau
- Malaysia
- NZ
- Mongolia
- Singapore
- South Korea
- Taiwan
- Thailand
Informationen
- Beschreibung
- ICFES/Saber 11 CIPT Mindmap am Chapter 2, erstellt von Teresa Millan am 25/07/2015.
- Erstellt von
- Teresa Millan
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