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- Introduction
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Everything we do in the Internet leaves digital fingerprints. Therefore, it is only logical that many web users are worried about the issue of privacy. Their worry is not without reason. Because privacy laws differ from country to country, a company is not legally obligated to ensure that the processing of personal data will comply with the laws of all countries where the persons whose data have been collected reside. For example, if a company is incorporated in an offshore country, the company may not be obliged to observe any data protection laws. However, because of the global nature of the Internet, such a company may still offer online services to persons residing in countries with strict data protection laws.
Even large countries and organizations, such as the EU and the US, have different approaches in their attempts to regulate the use of personal information in the information society. The purpose of the present article is to briefly describe the data protection laws of the EU (Section 2) and the US (Section 3).
Finally, a conclusion is drawn (Section 4).
Finally, a conclusion is drawn (Section 4).
2. The Data protection laws of the EU
In the EU, two main legal instruments regulate the data protection in the information society. These legal instruments include the Data Protection Directive 1995/46/EC (Section 2.1) and the e-Privacy Directive 2002/58/EC (Section 2.2).
2.1 The Data Protection Directive 1995/46/EC
The EU Data Protection Directive 1995/46/EC is applicable to the automated processing of personal data and other processing of personal data that form a part of a filing system. The Directive defines personal data as any information that relates to an “identified or identifiable natural person.” It should be noted that processing of personal data related to public security, defence, state security, and activities in areas of criminal law does not fall within the scope of the Directive. Below, the obligations of the person responsible for determining the purposes and means of the processing of personal data (“the data controller”) and the rights of the person whose data is processed (“the data subject”) are discussed.
Obligations of the data controller
Pursuant to the Directive 1995/46/EC, the data controller should ensure compliance with several principles relating to data quality. These principles include: (1) the collected data should be processed fairly and lawfully; (2) the collected data should be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; (3) the collected data should be adequate, relevant, and not excessive in relation to the purposes for which they are collected and/or further processed; (4) the collected data should be accurate and, where necessary, kept up to date, and; (5) the collected data should be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed.
Pursuant to the Directive 1995/46/EC, the data controller should ensure compliance with several principles relating to data quality. These principles include: (1) the collected data should be processed fairly and lawfully; (2) the collected data should be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; (3) the collected data should be adequate, relevant, and not excessive in relation to the purposes for which they are collected and/or further processed; (4) the collected data should be accurate and, where necessary, kept up to date, and; (5) the collected data should be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed.
The data controller should not only comply with the abovementioned principles, but also provide certain information to the data subject. In particular, the information that will need to be provided to the data subject include: (1) the identity of the controller and of his representative, if any; (2) the purposes of the processing for which the data are intended; (3) any further information such as (i) the recipients or categories of recipients of the data, (ii) whether replies to the questions are obligatory or voluntary, as well as the possible consequences of failure to reply, (iii) the existence of the right of access to and the right to rectify the data concerning him. The data controller is also obliged to implement adequate technical and organizational measures against unlawful access, accidental loss, destruction, alteration of the data.
Rights of the data subject
Pursuant to the EU Directive 1995/46/EC, the data subject has the following rights: (1) the right to access of the personal data related to him; (2) the right to judicial remedy; and (3) the right to object to certain data processing practices. It should be added that the right to access of the personal data includes the following rights: (i) the right to obtain copies of the data processed by the data controller; (ii) the right to receive from the data controller a statement indicating whether data relating to the data subject are being processed; (iii) the right to receive information on the purposes of the processing; (iv) the right to receive information on the categories of data concerned; and (v) the right to know the recipients to whom the data are disclosed, (vi) the right to obtain the rectification, erasure, or blocking of data the processing of which does not comply with the provisions of the EU Data Protection Directive 1995/46/EC.
Pursuant to the EU Directive 1995/46/EC, the data subject has the following rights: (1) the right to access of the personal data related to him; (2) the right to judicial remedy; and (3) the right to object to certain data processing practices. It should be added that the right to access of the personal data includes the following rights: (i) the right to obtain copies of the data processed by the data controller; (ii) the right to receive from the data controller a statement indicating whether data relating to the data subject are being processed; (iii) the right to receive information on the purposes of the processing; (iv) the right to receive information on the categories of data concerned; and (v) the right to know the recipients to whom the data are disclosed, (vi) the right to obtain the rectification, erasure, or blocking of data the processing of which does not comply with the provisions of the EU Data Protection Directive 1995/46/EC.
Personal web sites should also comply with the EU Data Protection Directive 1995/46/EC
Processing of personal data by a natural person as part of purely private and household activities is exempted from the EU Data Protection Directive 1995/46/EC. However, in a landmark decision (Case C-101/01, Bodil Lindqvist, Judgment of 6 November 2003), the European Court of Justice found that a woman who identified and included information about fellow church volunteers on her personal web site was in breach of the Data Protection Directive. The reason was that the creation of a personal web site was not a personal activity falling outside of the scope of the EU Data Protection Directive 1995/46/EC.
Processing of personal data by a natural person as part of purely private and household activities is exempted from the EU Data Protection Directive 1995/46/EC. However, in a landmark decision (Case C-101/01, Bodil Lindqvist, Judgment of 6 November 2003), the European Court of Justice found that a woman who identified and included information about fellow church volunteers on her personal web site was in breach of the Data Protection Directive. The reason was that the creation of a personal web site was not a personal activity falling outside of the scope of the EU Data Protection Directive 1995/46/EC.
2.2 The e-Privacy Directive 2002/58/EC
In addition to the EU Data Protection Directive 1995/46/EC, the EU adopted the e-Privacy Directive 2002/58/EC which was aimed at ensuring the protection of personal data in the field of telecommunications. The scope of the e-Privacy Directive includes publicly available electronic communications services in public telecommunications networks in the EU. In particular, the e-Privacy Directive 2002/58/EC regulates “traffic data” and “location data.” The term “traffic data” refers to data necessary for the provision of communications. The term “location data” refers to data giving the geographic position of the device. The e-Privacy Directive also regulates unsolicited communications (“spam”), cookies, and spyware.
Pursuant to the e-Privacy Directive, the providers of communications services falling under the scope of the Directive should notify breaches to the corresponding national authorities. They also have to notify subscribers or customers likely to be adversely affected by a breach, which can be an identity theft, reputation loss, etc. Together with the notification, the provider should also submit a list of the proposed measures that will be used to counter the breach.
With regards to cookies, the e-Privacy Directive states that they can be installed on devices of subscribers only after an explicit consent of the subscriber or the user is provided. It should be noted that such a consent can be obtained only after the subscriber have been provided with the information required by the e-Privacy Directive and after having been offered the right to refuse such access. Regarding spam, the e-Privacy Directive states that remedies for infringements of the provisions on unsolicited communications can be obtained via legal proceedings.
3. Data Protection in the US
Unlike the EU, the US does not have a single overarching privacy law. On a federal level, the United States maintains a sectoral approach towards data protection legislation where certain industries are covered and others are not. At a state level, most states have enacted some form of privacy legislation. Below, we quickly discuss three important federal data protection laws, namely, the Health Insurance Portability and Accountability Act (HIPAA), the Fair and Accurate Credit Transaction Act (FACTA), and the Children’s Online Privacy Protection Act (COPPA).
HIPPA
The aim of the HIPPA is to ensure protection for individually identifiable health data. In particular, HIPPA defines who can have access to health information. In most cases, such information can be used only by health care professionals who are using it for treatment and care coordination purposes. Information that is subject to protection includes medical providers’ notes and records, health insurer’s computer records, billing information, as well as conversations between medics concerning the patient’s care and treatment.
HIPPA
The aim of the HIPPA is to ensure protection for individually identifiable health data. In particular, HIPPA defines who can have access to health information. In most cases, such information can be used only by health care professionals who are using it for treatment and care coordination purposes. Information that is subject to protection includes medical providers’ notes and records, health insurer’s computer records, billing information, as well as conversations between medics concerning the patient’s care and treatment.
FACTA
The aim of FACTA is to help protect consumers’ credit information from the risks related to data theft. Pursuant to FACTA, credit card and debit card receipts, with the exception of handwritten receipts, should not list more than the last five digits of the card number. It should be also noted that, under FACTA, a person making a request for a credit report has the right to request that the first five digits of his Social Security number not be included on the file.
The aim of FACTA is to help protect consumers’ credit information from the risks related to data theft. Pursuant to FACTA, credit card and debit card receipts, with the exception of handwritten receipts, should not list more than the last five digits of the card number. It should be also noted that, under FACTA, a person making a request for a credit report has the right to request that the first five digits of his Social Security number not be included on the file.
COPPA
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The aim of COPPA is to protect the privacy of children under the age of 13. Ocrkit 16 8 10 download free. The scope of the Act encompasses websites that are directed at children or that have knowledge that children are visiting the website. COPPA imposes an obligation on the operators of these websites to publish privacy policies specifying whether or not personal information is being collected, how this information is being used, as well as the disclosure practices of the operators of the websites. In order to collect this information from children, the websites’ operators must obtain verifiable parental consent. Upon parental request, the provider should submit to the parent a description of the type of information being collected and stop collecting data from the particular child.
4. Conclusion
Under EU law, personal data can be collected only under strict conditions and for a legitimate purpose. The main component of the EU data protection law is the Data Protection Directive 1995/46/EC.
In the US, there is no all-encompassing law regulating the collection and processing of personal data. Instead, data protection is regulated by many state and federal laws.
In the US, there is no all-encompassing law regulating the collection and processing of personal data. Instead, data protection is regulated by many state and federal laws.
The different approaches of the EU and US towards data protection probably stem from history. In Europe, where people have had dictatorships, data protection is declared as a human right and regulated by comprehensive data protection legislation. In this regard, it is worth mentioning that the STASI, the official state security service of the German Democratic Republic or GDR (informally known as East Germany), employed 500,000 secret informers. The task of 10,000 of these informers was to listen to and transcribe the phone calls of citizens. In contrast, in the US, the attitude towards data protection is governed mainly by market forces. It should also be noted that with the adoption of the US Patriot Act, which was adopted in response to the events on September 11, 2001, the US significantly reduced the restrictions in the collection of personal data by law enforcement agencies.
References
- Allen, A., ‘Unpopular Privacy: What Must We Hide‘, Oxford University Press, 2011.
- Dixon, P., Gellman, R., ‘Online Privacy: A Reference Handbook‘, ABC-CLIO, 2011.
- Fischer, P., ‘Will Privacy Law in the 21st Century Be American, European, Or Inernational‘, GRIN Verlag, 2012.
- Hert, P., Poullet, Y., Gutwirth, S.,(Editors), ‘Data Protection in a Profiled World‘, Springer 2010.
- Levmore, S., Nussbaum, M., ‘The Offensive Internet: Speech, Privacy, and Reputation’, Harvard University Press, 2011.
- Lloyd, I., ‘Information Technology law‘, Oxford University Press, 2008.
- Noorda, C., ‘e-Discovery and Data Privacy: A Practical Guide‘, Kluwer Law International, 2011.
- Rogosch, P., Hohl, E., ‘Data Protection and Facebook: An Empirical Analysis of the Role of Consent in Social Networks‘, LIT Verlag Münster, 2012.
- Rowland, D., ‘Information Technology Law‘, Routledge, 2005.
- Wild, C., Weinstein, S., MacEwan, N., Geach, N., ‘Electronic and Mobile Commerce Law: An Analysis of Trade, Finance, Media and Cybercrime in the Digital Age‘, University of Hertfordshire Press, 2011.
Introduction
As technology evolves and Internet-connected smart devices become more and more common, many new privacy regulations are being enacted to protect us. One such is the GDPR, or General Data Protection Regulation. While the GDPR is European legislation, it also affects anyone who does business with Europe.
In this article, we will look at a selection of top tools you can use to safeguard the privacy of your users’ personal data and achieve and maintain GDPR compliance.
The below are subjective suggestions but will give you an idea of what top vendors can offer you in their market segment. Remember: because enterprise software can be categorized by business function, categories may sometimes overlap.
Some of the considerations you need to take into account before investing in privacy protection software include the size of your organization, how sensitive your data is, and the potential cost of a security breach for your company. Use the list of features in each tool category to further explore alternative vendors and find the best solution for your organization.
Tip: Before you do anything else, you should do a Privacy Impact Assessment (PIA). Enterprise-level privacy protection tools do not come cheap. A PIA will help you to make an informed decision about the level of privacy protection you need. It will also help you to identify what you need to do to become GDPR-compliant. A Data Protection Impact Assessment (DPIA) is mandatory for GPDR compliance if processing “is likely to result in a high risk to individuals.” The UK’s Information Commissioner’s Office (ICO) has a checklist to help you to decide when to do a DPIA.
Top 10 Privacy Protection Tools
Data Loss Prevention (DLP)
These tools provide functionality to detect and prevent data vulnerability. There are seven protection features you should look for when choosing a DLP tool:
- Network: Analysis of network traffic
- Data identification: Identification of sensitive information
- Endpoint: Control of information flow between users and devices
- Data leak detection: Detection of location of unauthorized data
- Data at rest: Monitoring of archived data
- Data in use: Monitoring of data currently in use by user
- Data in motion: Monitoring of data currently flowing through the system
- Real-time remediation of suspected breaches
- Scans and secures SSL/TLS encrypted traffic
- Scans file repositories of sensitive files and identifies when a file from a repository (or part of it) leaves the organization
- Wide coverage of traffic transport types – such as SMTP, HTTP and FTP data – to protect data in motion
- User-friendly policy management portal
- Identifies sensitive data like Personally Identifiable Information (PII), compliance-related data (HIPAA, SOX, PCI) and confidential business data
- Can be installed on any Check Point Security Gateway
Alternatives
Endpoint Protection
Sigpro 2 1 2 download free. Endpoint security software protects a TCP/IP network by monitoring gateway access requested by devices, e.g. computers, phones, printers, POS terminals, etc. Security features usually include:
- Malware threat detection
- Activity monitoring
- Data encryption
- Patching, and remedial responses to breaches and alerts
- Vulnerability assessment and patch management help eliminate security vulnerabilities
- Automates the creation, storage and cloning of system images
- Host-based Intrusion Prevention System (IPS) blocks attacks and controls what applications can run on network
- FIPS 140.2 certified encryption can help achieve GDPR compliance
- Forthcoming launch of transparency centers will allow partners to access and provide independent reviews of code
- Automatic rollback to undo most malicious actions
- One product with one license pricing model
Alternatives
Mobile Device Management (MDM)
Enterprise mobility management software is the answer to administering mobile devices and managing the BYOD security issues organizations face. It usually integrates with other device-specific management solutions. The tool you select should include the below features:
- Enforce passwords and data encryption
- Enforce company policies
- Block unknown devices
- Distribute antivirus and other malware software and filters
- Remote-manage devices, e.g. lock or wipe them
- Integrate with email client
- Secure browsers
- Support containerization
- Application configuration
- Remote messaging and communication
- VPN configuration
- Enables users to self-activate devices
- Deploys to devices automatically or to an enterprise app catalog for on-demand install
- Enforces passcodes and identifies history requirements
- Enables device-level encryption, data encryption, and hardware security policies
- Prevents data loss with app sharing permissions, copy/paste restrictions, and geo-fencing policies
- Configures organization security policies
- Automates remediation of threats with remote lock, device wipe or customizable quarantine controls
- Provides full visibility of endpoints from admin console
- Exports deployment analytics to third-party business intelligence (BI) solutions with DataMart integration
- Allows remote commands and controls to troubleshoot devices
Alternatives
Encryption Software
Because there are so many products available, encryption software is often categorized by the type of cipher used (e.g. public key or symmetric key), or by its purpose (e.g. data at rest or data in motion.) Depending on your needs, some of the key features to look out for include:
- Endpoint encryption
- Centralized management portal
- Key management
- Authentication
- Integration with other security tools
- Enterprise-grade drive encryption, or native encryption management for Apple FileVault on Mac OS X and Microsoft BitLocker for Windows Business
- ePolicy Orchestrator (McAfee ePO) management console to enforce organization policies
- Proves compliance with internal and regulatory privacy requirements
- Automatically encrypts files and folders before they move through and outside organization. Encrypts files to cloud storage services such as Dropbox, Google Drive and Microsoft OneDrive
- Protection for data at rest and in motion
- Prevents unauthorized system access and renders data unreadable in the event of device loss or theft with full-disk encryption and access control
Alternatives
Identity and Access Management (IAM)
Securing users’ personal data means ensuring that only authorized people are able to access it. Your IAM solution should include the following functionalities:
- Password and access manager
- Workflow automation
- Provisioning
- Single sign-on
- Multi-factor authentication
- User repository management
- Security analytics
- Role-based access control
- Includes IBM Security Access Manager, IBM Security Identity Governance and Intelligence, IBM Security Privileged Identity Manager, IBM Directory Suite and IBM Security QRadar Log Manager packages
- Policy-based access control validation and enforcement for sensitive data
- Automates user provisioning, monitoring and reporting on access activity throughout the user lifecycle, and audits use of privileged access credentials to manage compliance
- Access risk assessment and automated mitigation
- Collects and aggregates data into actionable IT forensics
- Directory Suite helps provides a single authoritative identity source
Alternatives
Consent Management Applications
In order to comply with the GDPR, all businesses that process EU user data must log users’ consent to collecting their data and allow them to revoke their consent at any time. The regulation also requires businesses to notify users about how their data will be used, and if their data has been breached. Features that will help businesses comply include:
- Real-time view of compliance status with privacy regulations
- Audit trail
- Centralized consent database to demonstrate compliance
- Integration with existing systems, e.g. CRM and CMS systems
- Integration with multiple data collection points, e.g. web and paper forms, mobile apps, email and support calls
- Integrates into existing marketing and IT technologies
- Centrally maintains a consent audit trail to help demonstrate accountability with regulations
- Consent is recorded and centrally stored using the OneTrust SDK, REST API or via bulk data feed import
- Reduces blanket withdrawal of consent by offering the option to opt-down or adjust the frequency, topic and content
- Multilingual with deployment flexibility in EU or U.S. cloud, or on-premise with the ability to migrate
Alternatives
Compliance Software
Compliance software should include the following features:
- Controls and policy library
- Remediation and exception management
- Sensitive data evaluation and identification
- Risk evaluation analysis
- Breach notification
Touted as “the ultimate GDPR compliance toolkit,” Privacy Perfect features include data-protection impact assessments, processing activities (including transfers) and data breaches (including breach notifications to supervisory authorities and data subjects).
- Overview of personal data flows within your organization
- Risk-identification tools
- Shows which data are used for what purpose
- Report internally to customers and data-processing authorities
- Easily report data breaches
- Tools especially designed for Chief Privacy Officers (CPO)
Privatus 5 1 2 – Automated Privacy Protection Devices Amazon
Alternatives
Customer Data Management (CDM) Platforms
To enable enhanced privacy options for your customers and clients, customer data management platforms should provide functionalities to make it easy for you to comply with data privacy regulations:
Privatus 5 1 2 – Automated Privacy Protection Devices For Windows 10
- Offer opt-in or opt-out choices to online visitors
- Support for enabling Do Not Track by third parties
- Conformance with geo-based compliance regulations
- Manual and automated domain privacy audits
- Enforcement of data collection consent over all tags, not just those added via a TMS
- Enforces compliance with visitor consent preferences
- Privacy audits to review tags for privacy and security compliance, piggybacking of unauthorized tags, data vulnerabilities, industry affiliations and opt-out availability
- Implemented through a single line of code
- Whitelist and blacklist service allows you to only share data with trusted vendors
- Create separate environments for each region to comply with regional privacy regulations
- Get a real-time view of your digital data supply chain
- Deliver customizable customer consent overlays directly onto web pages
Alternatives
Data Backup and Recovery Solutions
The GDPR reintroduces the concept of the “right to be forgotten,” which requires that organizations erase a user’s personal data if they withdraw their consent for it to be used. This includes an individual’s historical data. Features to look out for if you want to be GDPR-compliant:
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- Compliance reporting
- Recoverability reporting
- Ability to restore data
- Ability to define and manage data retention policies
- Search functionality that enables administrators to find specific data
- Roles-based access control
- Data encrypted in-motion and at-rest
- Threat alert and notifications
- Ability to erase data completely if a user withdraws their consent for its use
- Optimizes storage with deduplication
- Single solution to simplify backup and disaster recovery across your databases — from local servers to the cloud
- Easy access to search and restore messages
- Business files stored in third-party file-sharing applications can be protected in a secure, searchable and centralized virtual repository
- Self-service recovery portal accessible from any web browser or mobile device
- Protected files are hosted in a centralized virtual content repository, where access policies and permissions can be set and customized for individual users
- Encryption at source, in motion and at rest
- Vendor-neutral solution
Alternatives
Enterprise Content Management (ECM)
Pdfguru pro 3 0 22 – edit & read pdf. ECM covers the management of all content through creation to disposal:
- Intelligent encryption of PII data
- Enforcement of policy rules
- Access control and permission management
- Management of sensitive data movement out of the company
- Auditing and reporting
- Enablement of secure content collaboration
- Document management, e.g. versioning, search and organization
- Secure storage
Privatus 5 1 2 – Automated Privacy Protection Devices At Home Depot
- Critical information like personal data and documents are protected at every state: while at rest, while in use and while in transit between servers
- Granular rights access management provides control over exactly who can access information and what they can do with it
- Upholds individual privacy rights by securely storing, protecting and destroying information
- Fully-automated records management process, from document creation to record declaration, through final disposal/removal
- Configurable workflow automation and case management functionality to streamline GDPR compliance-related processes
- Automatic distribution of policies, digital confirmation by recipients and reports of acknowledgments and delinquencies
- Comprehensive auditing which can be made available to external auditors via a secure website
Alternatives
Learn More About Data Privacy
Browse InfoSec Institute resources for more information on what you need to know about security and users’ privacy, and the GDPR and compliance:
- GDPR Trolls (a must-read)
Sources
Data protection, European Commission
Data protection impact assessments, ICO
The EU Proposal for a General Data Protection Regulation and the roots of the ‘right to be forgotten,’ ScienceDirect