Week 3J Policy Mandates US vs European Approaches to Privacy Laws
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Information Systems
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Nov 24, 2024
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CSIA 413 Week 3 Discussion: Policy Mandates: US vs European Approaches to Privacy Laws
Policy Mandates: US vs European Approaches to Privacy Laws
Introduction
With the type of data that is collected to perform tasks within the Red Clay organization keeping abreast of US privacy laws and other organizations’ approaches to privacy laws. A framework that Red Clay should leverage is the
General Data Protection Regulation (GDPR) and it is a comprehensive data protection law instituted by the European Union (EU) to regulate the management of personal data by organizations. Within the GDPR there are 3 major concepts of how the EU applies and approach privacy of their personal data and how individuals can manage
their personal data.
Analysis
Privacy by Design is one of the central principles outlined in the GDPR, which mandates that organizations incorporate data protection into the design phase of any system that processes personal identifiable information (PII). “At the heart of privacy by design and data protection by design are DPIAs (data protection impact assessments)
. These must be completed whenever an organisation creates a new system, service product or process that involves the use of personal data” (Irwin, L., November 23, 2021). The network infrastructure is the core of where personal data is stored so it is imperative to implement security features to protect that data.
The Right to be Forgotten is a provision in the GDPR that allows individuals to request the deletion or removal of personal data held about them in certain circumstances. “The right to be forgotten appears in Recitals 65 and 66 and in Article 17 of the GDPR
. It states, “The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay” if one of a number of conditions applies” (Wolford, B., 2023)
The Right to be Informed under the GDPR encompasses the necessity for transparency and clear communication about how personal data is used, processed, and stored by organizations under Articles 13 &14 of the GDPR. “Individuals should be made aware of risks, rules, safeguards and rights in relation to the processing of personal data and how to exercise their rights in relation to such processing. In particular, the specific purposes for which personal data are processed should be explicit and legitimate and determined at the time of the collection of the personal data” (Data Protection Commission, 2023).
For Red Clay to effectively protect their data and best practices/solutions that Red Clay should incorporate into their IT Security Polices:
Collect only the data that is necessary for the intended purpose, avoiding unnecessary data collection.
Obtain clear, informed, and unambiguous consent from individuals before processing their data, offering easy options for withdrawing consent.
Implement privacy principles right from the design phase of products or services. This will ensure that safeguards and security features are included in the implementation of network devices and assets that will store or process PII.
Conducting training on a regular basis and implementing awareness programs within the organization for employees to ensure that they are aware of privacy laws and how to handle PII.
Develop a robust incident response plan to handle data breaches effectively and to notify the appropriate authorities and individuals within the stipulated time frame.
Summary
There are many approaches that Red Clay can take to ensure that policies are updated to reflect current Privacy standards with the US and how partner nations are assessing their data and leveraging the appropriate safeguards.
From how the EU incorporated the GDPR standards in Europe and their partner organizations it is imperative that Red Clay take heed and adhere to those level of standards in the protection of data.
References:
Data Protection Commission (2023). The right to be informed (transparency) (Article 13 & 14 GDPR)
https://www.dataprotection.ie/en/individuals/know-your-rights/right-be-informed-transparency-article-13-
14-gdpr
Irwin,L. (November 23, 2021). The GDPR: Why you need to adopt privacy by design. https://www.itgovernance.eu/blog/en/the-gdpr-why-you-need-to-adopt-the-principles-of-privacy-by-
design
Wolford, B. (2023). Everything you need to know about the “right to be forgotten”. https://gdpr.eu/right-to-be-
forgotten/
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