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Europe vs America - different approaches to privacy

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  1. The Approach of Data Protection in Europe
  2. Data Protection Directive 1995/46/EC
  3. Obligations of Data Controller
  4. Data subject's rights
  5. Personal websites have to comply with EU Data Protection Directive 1995/46/EC
  6. The e- Privacy Directive 2002/58/EC
  7. The Approach of the United States
  8. HIPPA (Health Insurance Portability and Accountability Act)
  9. FACTA (Fair and Accurate Credit Transaction Act)
  10. Conflicts

Everything that people do within the internet leaves behind some digital fingerprints. This means that it is logical that most users of the internet worry a lot about the matter of privacy. Because laws of privacy are different from one country to another, a company may not be obligated legally to make sure that personal data processing will conform to the requirements of the law from the nations with which individuals whose data were collected come from. A good example is that where a company has been incorporated within a nation that is offshore, this company could not be under obligation to adhere to whatever data protection laws.

[...] The findings of the court were that passenger information, even though gathered as part for commercial enterprise, happens to be exempt from the directive due to its use within international defense (Jean and JuriP. 18). Conclusion Under the law of the European Union, collection for personal data may only be done under strict conditions as well as for purposes that are legitimate. The key component for the EU law for data protection happens to be the Data protection Directive 1995/46/ EC. On the other hand, the United States does not have an all-encompassing law that regulates personal data collection as well as processing. [...]


[...] Proposed measures for encountering such breach needs to accompany the notifications. In respect to cookies, the directive states that cookies may only be installed on a subscriber's device after the subscriber's explicit consent. It is noteworthy that a subscribers consent should be attained after the subscriber has been provided with information that the e-privacy directive requires as well as after being offered the right of refusal to such access. With regard to spam, e-privacy directive makes it clear that remedies of infringements for provisions on communications that are unsolicited may be obtained through legal proceedings (INFOSEC INSTITUTE). [...]


[...] Obligations of Data Controller With regard to Directive 1995/46/EC, a data controller should make sure of compliance with a number of principles that that relate to the quality of data. Such principles include: Data collection has to be done lawfully as well as with fairness, data collected has to be gathered for clear, specified as well as genuine purposes and not processed further in some manner that is not compatible with such purposes; the data that is collected needs to be relevant, adequate as well as not in excess with regard to the purposes of which they have been collected or/and further processed; The data collected has to be accurate as well as where necessary updated, and; The data that is collected has to be maintained in some form, which makes it possible for data subject's identification for not longer than expected, for the purposes of which data were gathered or for which the data are further processed (Solveig). [...]


[...] On the other hand, within a landmark resolution (Case C-101/01, Bodil Lindqvist, Judgment of 6th Nov. 2003), European court of justice discovered that a lady who identified as well as included information on colleagues who were church volunteers on the ladies personal website had breached the data protection directive. Reason for this was that a personal website creation was not a private activity that fell outside the directive's scope (INFOSEC INSTITUTE). The Privacy Directive 2002/58/EC This aims at protecting personal data within the telecommunications field. [...]


[...] Even large organizations as well as countries, for instance the united States and Europe or the European Union, have dissimilar methods that they utilize in their trials to regulate personal information use within the information society. This paper looks at the different approaches that are used in America and Europe in the protection of privacy. Multinational companies that are based within the United States of America could be obligated to adhere to data privacy laws both within the United States as well as in the rest of the nations within which they operate. [...]

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