5-1 Discussion Data Privacy Considerations

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Southern New Hampshire University *

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INT 220

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Information Systems

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Oct 30, 2023

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The General Data Protection Regulation (GDPR) is the world's strictest privacy and security law (Wolford,2018). While originating from the European Union (EU), this regulation extends its reach to encompass organizations worldwide as long as they target or collect data on individuals within the EU. In an article by Thorin Klosowski, he stated that The United States doesn’t have a singular law that covers the privacy of all types of data. Instead, it has a mix of laws using acronyms like HIPAA, FCRA, FERPA, GLBA, ECPA, COPPA, and VPPA (Klosowski, 2021). The GDPR ensures that consumers have more substantial privacy rights and better data security through strict rules. It says that companies must be clear about how they use data and only use it for the reasons they tell the person. Data can only be kept as long as needed for that purpose. When a company deals with data, like storing or using it, they must keep it safe and private using encryption or two-factor authentication. The GDPR also makes companies show they follow the rules and protect data all the time. People who have their data handled by companies have rights, like being told what's happening with their data, getting access to it, deleting it, and controlling how it's used (Wolford, 2023). There isn't a single comprehensive data protection law in the United States like in the EU. Instead, some laws and rules exist for specific industries, like HIPAA for healthcare and FERPA for education. But no one law covers all businesses and organizations that handle data. I don't believe a global data privacy law would be feasible because implementing it would be challenging. However, having a single worldwide privacy law would make compliance simpler. Currently, in the United States, five states—California, Virginia, Utah, Colorado, and Connecticut—have comprehensive privacy laws in place (NCSL,2022). Before thinking about a global privacy law, each country should establish its comprehensive privacy regulations. The idea of having one single law that protects our data everywhere might sound perfect at first. But looking closely, we see that it's not that simple. Countries have different rules about handling data and how much the government can get involved. Let's take South Korea as an example; they have similar laws like the GDPR of the EU and it is the Personal Information Protection Act (PIPA). PIPA implements the regulation, which regulates the collection, usage, disclosure, and other processing data by governmental or private entities as well as individuals (Park&Kang, 2023). Even though GDPR and PIPA have similarities the South Korea's privacy law, has some important differences compared to the EU's GDPR. First, PIPA covers a wider range of situations because it applies to both public and private sector organizations. In contrast, the GDPR mainly focuses on how businesses handle personal information for commercial reasons. Secondly, PIPA contains special rules about biometric and location data, which the GDPR does not address. So, even though it would be nice to have one set of rules that everyone follows, it's really hard to make that happen. The world is diverse, with many different governments, cultures, and ways of doing things. Trying to agree on one set of data privacy rules that works for everyone is a big challenge. Also, right now, there are a lot of disagreements and differences in how countries think about data privacy. Some worry about things like national security, others want to compete in the global economy, and some just have different ideas about privacy because of their culture. All these differences make it even harder to come up with one global law for data privacy. In the

end, even though it would be great to have a consistent data privacy law that works everywhere, the real world is much more complicated. Our diverse world, with its different governments and ways of doing things, makes it unlikely that we can have one global set of rules for data privacy anytime soon. South Korea data protection law (PIPA): Everything you need to know | Didomi . (n.d.). Blog.didomi.io. Retrieved September 28, 2023, from https://blog.didomi.io/en/south- korea-pipa-everything-you-need-to-know#:~:text=The%20PIPA%20requires %20companies%20to State Laws Related to Digital Privacy . (2022, June 7). Www.ncsl.org . h ttps://www.ncsl.org/technology-and-communication/state-laws-related-to-digital- p rivacy#:~:text=Five%20states%E2%80%94California%2C%20Colorado%2C Klosowski, T. (2021, September 6). The State of Consumer Data Privacy Laws in the US (And Why It Matters) . Wirecutter: Reviews for the Real World; New York Times. https://www.nytimes.com/wirecutter/blog/state-of-privacy-laws-in-us/ park, kwang bae, & kang, minchae. (2023, July). South Korea - Data Protection Overview [Review of South Korea - Data Protection Overview ]. Data Guidance; OneTrust. https://www.dataguidance.com/notes/south-korea-data-protection- overview#:~:text=The%20main%20law%20and%20regulations,regulations%2C %20which%20regulate%20the%20collection%2C Wolford, B. (2018, November 7). What Is GDPR, the EU’s New Data Protection Law? GDPR.EU. https://gdpr.eu/what-is-gdpr/?cn-reloaded=1

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