Week 3T 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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Computer Science

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Jan 9, 2024

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docx

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CSIA 413 Week 3 Discussion: Policy Mandates: US vs European Approaches to Privacy Laws In today's world of computer networking, the importance of privacy has never been greater, with individuals and organizations both deeply concerned about safeguarding personal information from unauthorized access and misuse. It's not just about trust; it's about creating a secure online environment. While many countries have enacted privacy laws to address these concerns, there are significant differences between the approaches taken by the United States and the European Union. In this briefing, we'll explore these differences, focusing on three key concepts: Privacy by Design, the Right to be Forgotten, and the Right to be Informed. Privacy by Design is an approach that advocates for integrating privacy into IT systems and networks right from the start, rather than treating it as an afterthought. This means incorporating privacy principles like data minimization, user control, and transparency at every stage of system development (Wachter, 2018). By doing so, organizations can strengthen their security measures while also protecting individual privacy rights. For example, implementing data encryption during data transmission helps prevent unauthorized access and interception. Additionally, offering users granular consent mechanisms empowers them to decide how their personal information is used and shared. The concept of the Right to be Forgotten stems from a 2014 ruling by the Court of Justice of the European Union (Wachter, 2018). It grants individuals the right to request the removal of irrelevant or outdated online information about themselves from search engine results under certain conditions. This right acknowledges the importance of preserving individuals' digital reputation and ensuring that past mistakes or incidents don't haunt them indefinitely online. By allowing individuals to request the removal of specific content linked to them, it strikes a balance between protecting freedom of expression and personal privacy rights. The Right to be Informed revolves around ensuring transparency and informed consent in data processing activities. It requires organizations to provide individuals with clear, concise, and easily accessible information about how their personal data will be collected, used, and shared (Baumer et al., 2004). This concept is crucial in empowering individuals to make informed choices regarding the use of their personal information. By providing comprehensive privacy notices that explain the purpose, legal basis, and duration of data processing activities, organizations build trust and enable users to exercise control over their data. As Red Clay Renovations seeks to bolster its IT security policies, it should consider implementing a range of best practices for privacy protection. This includes robust access controls to ensure that only authorized personnel can access sensitive data, possibly through methods like two-factor authentication or role-based access control systems (Levin & Nicholson, 2023). Regular vulnerability assessments and penetration testing are essential for identifying potential security weaknesses in IT systems before malicious actors can exploit them. These assessments should also encompass third-party applications or services connected to Red Clay Renovations' network. Additionally, adopting a privacy impact assessment framework allows the organization to systematically evaluate potential risks associated with new projects or initiatives involving personal data, ensuring that privacy considerations are addressed from the outset. In addition to these industry best practices, Red Clay Renovations can draw inspiration from the European Union's privacy directives. Incorporating mechanisms for granular consent enables users to have greater control over the processing and sharing of their personal information (Baumer et al., 2004). Furthermore, adopting anonymization techniques when handling sensitive user data minimizes the risk of re-identification while still allowing for valuable analysis purposes. In conclusion, privacy laws are pivotal in safeguarding individual rights and promoting a secure online environment in the realm of computer networking. The European Union's approach, emphasizing Privacy by Design principles and recognizing concepts like the Right to be Forgotten and the Right to be Informed, effectively safeguards individuals' privacy rights. By embracing best practices for privacy protection and taking cues from the European Union's privacy mandates, Red Clay Renovations can enhance its IT security policies, ensuring compliance with

regulations while building customer trust (Levin & Nicholson, 2023). Measures such as robust access controls, routine vulnerability assessments, and granular consent mechanisms not only benefit the organization but also empower individuals to exercise control over their personal information. Prioritizing privacy in the context of computer networking contributes significantly to creating a safer and more respectful online ecosystem. References Baumer, D. L., Earp, J. B., & Poindexter, J. C. (2004). Internet privacy law: a comparison between the United States and the European Union. Computers & Security , 23 (5), 400–412. https://doi.org/10.1016/j.cose.2003.11.001 Levin, A., & Nicholson, M. (2023). Privacy Law in the United States, the EU and Canada: The Allure of the Middle Ground. Privacy Laws . https://doi.org/10.32920/22227775.v1 Wachter, S. (2018). Normative challenges of identification in the Internet of Things: Privacy, profiling, discrimination, and the GDPR. Computer Law & Security Review , 34 (3), 436– 449. https://doi.org/10.1016/j.clsr.2018.02.002

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