08 Sep What is GDPR, the EUs new data protection law

The data protection framework

This table above provides a comprehensive overview of the standards, their key focus areas, and why each standard is relevant for data professionals. Keep reading for a detailed exploration of each standard, its implications in particular sectors, and how it integrates into the broader landscape of data security and privacy. One of the key provisions of the CCPA is the right for consumers to know what personal information is being collected about them and for what purposes. The CCPA mandates that businesses disclose the categories of personal information being collected and allow consumers to opt out of the sale of their data. FERPA compliance requires schools to notify students of their rights annually, maintain detailed records of disclosures, and establish security measures to prevent unauthorized access.

Personal Information Protection and Electronic Documents Act (PIPEDA):

The Draft Privacy Rules also provide some exemptions when it comes to obtaining verifiable consent for the processing of children’s Personal Data. For one, certain categories of data fiduciaries are exempt from these obligations, such as clinical, mental health and educational establishments, allied healthcare professionals, creches and day care facilities. For this, the processing of a child’s data is to be strictly limited to healthcare, education and safety uses that are essential for the child’s well-being and protection. The Companies Act 2013 requires every company to maintain books of account and financial statements for every financial year.

Confidentiality must be maintained in respect of the complaints and actions taken during the blocking process. There are no specific data localisation requirements under the DPDP Act, but such requirements can be introduced through delegated legislation or rules. The subcommittee conducted a gap analysis and examined the issues and concerns surrounding deepfakes, cybersecurity and privacy in general, among other matters, such as copyright infringement and the antitrust dynamics of AI under current law. Furthermore, the report states that mechanisms should be in place for data quality, data integrity and “security-by-design”. For non-compliance with the cybersecurity requirements under the CERT-IN Directions, the IT Act prescribes imprisonment for up to one year or a fine of up to INR1 crore (approximately USD116,000), or both.

While the Privacy Act does not explicitly provide a right to erasure, individuals can request the deletion or removal of their personal information in certain circumstances. Individuals have the right to access their personal information held by an organization and request corrections if it is inaccurate or incomplete. Organizations should only collect personal information that is reasonably necessary for their functions or activities.

Ads personalization and regulation—let’s talk about consent!

• In today’s digital landscape, data compliance standards have become a critical concern for businesses of all sizes.
• Such Personal Data can be processed only with the consent of the data principal, or pursuant to certain limited “legitimate uses” set out under the DPDPA.
• But at the same time, such processing and decision-making remain susceptible to biases, discrimination and abuse.
• As an organization, it’s important to understand these rights to ensure you are GDPR compliant.

Data protection involves implementing measures and controls to ensure that personal or sensitive data is collected, stored, used, and shared in a way that complies with legal regulations and respects individual privacy. This includes using secure systems and encryption to prevent unauthorised access, ensuring data accuracy and integrity, and having backup and recovery procedures in place to restore data in khelo24 case of a loss. These could include cloud servers, like Google Drive, Proton Drive, or Microsoft OneDrive, or email service providers, like Proton Mail.

Organizations must take reasonable steps to ensure that the personal information they hold is accurate, up-to-date, and complete. In Australia, personal information refers to information or an opinion about an identified individual or an individual who is reasonably identifiable. Keep up to speed on legal themes and developments through our curated collections of key content.

The Family Educational Rights and Privacy Act (FERPA) is a US federal law that protects the privacy of student education records. Websites must clearly outline privacy policies and practices, as well as provide parents with the option to review or delete their child’s data. Under COPPA, websites and online services must obtain verifiable parental consent before collecting or using personal information from children. SOX mandates strict rules for the independence of auditors and requires companies to establish and maintain effective internal controls to prevent fraud and mismanagement.

What the DfE Data Protection Officer must do

Yes, businesses can choose which data security standards to comply with based on their industry, the type of data they handle, and specific business needs. However, it is important for businesses to ensure they are meeting all necessary requirements and not just cherry-picking certain standards. Data security standards protect sensitive information and help organizations maintain compliance in a constantly evolving landscape. They provide clear frameworks to reduce risks and strengthen defenses against cyber threats.

ISO/IEC is a cornerstone in the landscape of data security standards, providing a systematic and well-structured approach to managing company and customer information. This standard is all about establishing, implementing, maintaining, and continually improving an Information Security Management System (ISMS) within the context of the organization’s overall business risks. It is designed to ensure the selection of adequate and proportionate security controls that protect information assets.

Assess the benefits of disclosure against the potential negative impacts (only if there are not compliance consequences for disclosing the data). The Directive entered into force on 5 May 2016 and EU Member States had to transpose it into their national law by 6 May 2018. Individuals have the right to opt-out of direct marketing communications and object to the use of their personal information for certain purposes. Clear and transparent communication about the purposes of collecting individuals’ information and any potential disclosures to third parties is essential.

Guidelines issued by the Office of the Australian Information Commissioner (OAIC) also play a crucial role in interpreting and implementing data protection obligations. These guidelines provide practical advice and best practices for complying with the Privacy Act and APPs. Familiarizing yourself with these guidelines will help ensure that your organization adheres to the highest standards of data protection.

The evolution of data privacy in India has witnessed a significant transformation over the past decade, marked by judicial activism, legislative reforms, and global pressure to align with international data protection standards. Given the rudimentary framework of the SPDI Rules, marketing and personalised advertisements have largely remained unregulated in India. There is no dedicated regulation governing the use of IOT services and the rights and obligations of data holders and data processing services; various laws and regulations across sectors cover data regulation for these services. The DPDP Act provides the right to the erasure of information but does not include the right to be forgotten within its ambit. However, the development, deployment and use of AI technologies are subject to prevailing laws and regulations in other areas of law, such as data protection, intellectual property, intermediary liability, etc.