Week 3L Policy Mandates US vs European Approaches to Privacy Laws

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Prince George's Community College, Largo *

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413

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Business

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Nov 24, 2024

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docx

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CSIA 413 Week 3 Discussion: Policy Mandates: US vs European Approaches to Privacy Laws US vs. European Approaches to Privacy Laws One may assume that the EU and US have taken similar approaches to data protection and privacy. However, this is not exactly the case. In May 2016, the European Parliament approved the General Data Protection Regulation (GDPR), a set of laws and regulations safeguarding the privacy and data of all European Union (EU) members. The GDPR is self-proclaimed as being the “toughest privacy and security law in the world” (GDPR.EU, n.d.) Under GDPR, organizations failing to comply face fines determined by the severity of the violations. Overall, the most egregious offenses can result in fines up to €20 million or 4% of the global revenue. Additionally, citizens are afforded the right to seek legal compensation for any violations of the GDPR. Three critical GDPR concepts relevant to Red Clay, which will be discussed further, include privacy by design, the right to be forgotten, and the right to be informed. Privacy by design is the idea that privacy is directly implemented through secure technologies. This could encompass many things, such as the use of security apparatuses (firewalls, SIEMs, etc.) at Red Clay. This could also include secure coding practices or using software such as Data Loss Prevention. Additionally, ensuring only those employees who have a need to collect or access private information should be the ones who can view it. For example, there isn’t a need for the janitor at a Red Clay office to be able to access and view private information that has nothing to do with janitorial services. Prevention of this can be done through the implementation of access controls and encrypting data at rest to prevent unauthorized persons from viewing private data. The guidelines for the ‘Right to be Forgotten’ are simple. Companies must immediately erase private data when said data is no longer needed to accomplish it’s stated collection purpose, or in other words the data is no longer useful. Additionally, the data must be erased upon request of the party in which the data is collected from. There are certain caveats to this, such as if the data that is requested to be erased can be used in legal proceedings, or if the requested party hasn’t proven themselves to be the legitimate individual which the data pertains to (GDPR- Right to be Forgotten, n.d.). It is recommended that Red Clay implement similar stipulations and practices outlined by the GDPRs Right to be Forgotten guidelines. The ‘Right to be informed’ is another principle that the GDPR provides guidance on. The Right to be Informed provides guidelines on what businesses must do to inform customers on what data is being collected and how it is being used, stored, and with whom the data is being shared and why. The GDPR states that the “person must be immediately informed” (GDPR-Right to be Informed, n.d.). Furthermore, the right to be informed will provide customers with the knowledge of how long data will be kept in storage, provides awareness of the right to withdraw consent of data collection and storage, and provides the point of contact for the data protection officer. That are many actions that Red Clay should take in order to mirror our efforts with those outlined by the GDPR. Firstly, implementing a secure network architecture through the use of hardware and software (Firewalls, SIEM, DLP) can greatly affect Red Clay’s ability to follow “Privacy by Design” principles. Red Clay should also implement a Privacy Notification and Policy when collecting users private data. This will make users aware of what data is collected, why, for how long it will be retained, and will also make them aware of their right to withdraw consent. Red Clay should also implement the concept of least privilege for all employees. This can aid in the prevention of unauthorized access to private information stored on Red Clay’s servers. Lastly, Red Clay should establish procedures for the destruction of private data, along with making customers aware of their rights to know how this is being accomplished.

References Right to be forgotten . General Data Protection Regulation (GDPR). (n.d.-a). https://gdpr-info.eu/issues/right-to-be- forgotten/ Right to be informed . General Data Protection Regulation (GDPR). (n.d.-b). https://gdpr-info.eu/issues/right-to-be- informed/ What is GDPR, the EU’s new Data Protection Law? GDPR.eu. (n.d.). https://gdpr.eu/what-is-gdpr/ Reply to Thread

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