CYB_410_2-2_Activity_Branden_Knight
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Date
Dec 6, 2023
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2-2 Activity: Comparing Privacy Protection Laws
Branden Knight
CYB-410: Security Risk Management
Southern New Hampshire University
2-2 Activity: Comparing Privacy Protection Laws
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Comparing Privacy Laws
In the United States consumer privacy laws are federally regulated, but each states has
their own approach on how they handle certain situations. When offering the best consumer
privacy protection, California has the strongest protections in America as of today. Majority of
people do have an expression of their main reasoning California having the best consumer
privacy protection is due to the fact that their consumers have the right to private right of action,
which is another way to define the ability to sue a company of a specific breach of data if
exposed. I know with the privacy right of action, a global opt out is required by California
legislation (Costigan, 2023). However, a global opt out does allow the consumer to deny any
type of data sharing from all devices or web browser, instead of having to opt out of their certain
site one by one. California’s standards for consumer privacy laws and rights does portray that a
lot of regulation does not necessarily exist and companies that are willing to work with the
residents of California must provide security.
Privacy Protection Laws in Texas
In comparison with California’s Privacy Protection Laws, Texas privacy Law provides
Texas residents right available under most of the other state privacy laws, which include the right
to confirm whether a controller is processing personal data and has access to personal data,
correct inaccuracies in the personal data, deleting the personal data, and obtain a copy of the
personal data. Me being a Texas resident, the privacy laws are not bad, but there can be some
improvement by our Attorney General. I know the Texas Attorney General’s office must give the
controller a notice and 30 days to cure the alleged violation (Kourinian, 2023). Therefore, setting
the Texas Privacy Law apart from other state privacy laws is a more stringent cure requirement.
Also, the Texas Privacy Law only applies to personal data collected from individuals acting in a
2-2 Activity: Comparing Privacy Protection Laws
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individual or household context, and does not include persons who are interacting with a
business in a commercial or employment setting as such. As a consumer of Texas, recently
moved to the state three years ago, I would not change anything about the privacy protection law.
I say that because so far consumers in Texas, me included, are satisfied with how our information
and data is protected. I know under the Deceptive Trade Practices Act, when we fall victim to
illegal practices covered by the DTPA, you may have the right to sue for damages under the act
(2023).
Review of Notification Breaches from California
After reviewing the notifications of breaches through California, I noticed some
companies I made purchases to in the past. Also noticed that some companies did have breaches
at the time and happened several times in a short time frame. Based off that, it does make me
think twice about my consumer habits. Mainly, due to having minimal knowledge about breaches
that apply to me potentially. I am like if I have made purchases or bought items from their
business than I should have been notified if there was a breach. When not notifying your
customers if there was a breach can cause the customers not to trust the organization, a steady
decrease in customers, loss of employees, and potential lawsuits. I do know that there are some
organizations that will do their due diligence and discuss the breach and plan to prevent it going
forward. I know I do find myself opting out of everything. When signing up for something or
reviewing the policy, some consumers may feel like their overwhelmed by the amount of legal
documentation that’s presenting to them all at once. As consumers, we do have to make sure we
are educated on breaches and protecting ourselves is the priority. We cannot expect someone or
an organization to protect our information or data because they may not know how to. Also,
going forward I may re-think signing up for anything especially memberships from companies.
2-2 Activity: Comparing Privacy Protection Laws
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References
Kourinian, A. (2023). Texas Joins Other States in Passing a Comprehensive Privacy Law.
What
rights are provided?
https://www.mayerbrown.com/en/perspectives-
events/publications/2023/06/texas-joins-other-states-in-passing-a-comprehensive-
privacy-law#:~:text=Controllers%20subject%20to%20the%20Texas,personal%20data
%3B%20(4)%20obtain
(2023). Consumer Rights.
The Deceptive Trade Practices Act.
https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-
complaint/consumer-rights#:~:text=The%20primary%20tool%20the%20Office,for
%20damages%20under%20the%20act
.
Costigan, M. (2023). California Consumer Privacy Act, California Privacy Rights Act.
Can
Consumers waive their rights?
https://www.jacksonlewis.com/insights/california-
consumer-privacy-act-california-privacy-rights-act-faqs-covered-businesses
2-2 Activity: Comparing Privacy Protection Laws