The right to privacy is a fundamental human right. Most countries and industries incorporate privacy into GDPR, CCPA, and HIPAA regulations to protect this right. However, multiple communication channels have made it complex and challenging for organizations to safely handle consumer data and protect privacy.
The Americas, in particular the United States of America (USA), do not have one single law to protect data privacy on a national level. Instead, numerous state-level laws give the citizens the power to control how businesses control their data. There are also sector-specific data protection laws like the Driver’s Privacy Protection Act (DPPA) of 1994, which governs the data collected by the USA’s Department of Motor Vehicles.
As a result, organizations must be vigilant on multiple levels to ensure compliance with the data privacy regulations irrespective of location.
User Awareness of the Data Security
Companies often collect personal data to provide more personalized experiences and save their consumers’ time and money. In such a scenario, the company’s responsibility is to protect the data they collect from their customers.
However, recent data breaches inspired skepticism among American users regarding the safety of their data with the companies. Most American adults – almost 85% – believe that the risks of sharing their data outweigh the benefits. Additionally, most Americans feel they have little to no control over how businesses use their information.
Compliance Regulations in Action in the Americas
The European Union’s GDPR and the USA’s CCPA are currently the most prominent data privacy laws. Colorado and Virginia have followed California and passed detailed data protection laws based on the CCPA, but with specific vital differences scheduled to effect in 2023.
Let’s talk about the significant data privacy regulations that are currently active in the USA:
- California Consumer Privacy Act (CCPA):
The California Consumer Privacy Act (CCPA) gives Californian consumers more rights to the personal information they share with businesses:
- Right to know
- Right to delete
- Right to opt-out
- Right to non-discrimination for exercising the CCPA rights
- New York Code of Rules and Regulations (23 NYCRR 500):
The New York Department of Financial Services (NYDFS) issued the 23 NYCRR 500 regulations for regulated entities to assess their specific risk profile. Each covered entity should design a cybersecurity program to cover the following aspects to ensure compliance with NYCRR:
- Risk assessment
- Audit trails
- Application security
- Access privileges and Multi-factor authentication (MFA)
- Third-party service provider policy
- Limits on Data retention policies
- Health Insurance Portability and Accountability Act (HIPAA):
The Health Insurance Portability and Accountability Act (HIPAA) establishes national standards to protect individuals’ medical records and individually protected health information (PHI). These standards apply to all health plans, healthcare clearinghouses, and healthcare providers conducting certain healthcare transactions electronically.
To comply with the HIPAA security rule, all covered entities must:
- Ensure confidentiality, integrity, and availability of all PHI
- Detect and safeguard against anticipated threats to the security of the information
- Protect against unpermitted disclosures
- Certify compliance by the workforce
- Virginia Customer Detection Privacy Act (VCDPA):
Virginia Consumer Data Protection Act (VCDPA) gives Virginia consumers the right to control personal data:
- Right to know and access
- Right to delete
- Right to correct inaccuracies
- Right to opt-out of sale and processing of personal data
- Right to opt-out of profiling based on personal data
- Right to non-discrimination for exercising VCDPA rights.
Seclore’s Data-Centric Security and Compliance
Privacy regulations revolve around user consent, the purpose of data usage, and data breach control.
In today’s post-Wikileaks world, organizations need a new approach to securing and governing their data inside and outside organizational boundaries. Seclore’s Enterprise Digital Rights Management (EDRM) can help entities worldwide comply with the relevant data privacy regulations and achieve comprehensive data governance for consumers’ personal information. Many prominent global organizations use Seclore’s EDRM in various sectors such as Banking, Insurance, Government & Defense, Healthcare, and other private organizations.
Here’s a four-point checklist to determine if your organization is complying with the regulations:
- WHO can access the data within the organization?
- HOW does the organization protect data privacy when shared externally?
- WHAT are the steps taken to revoke the data in case of a data breach?
- CAN your organization track the flow of customer data?
Seclore’s EDRM has repeatedly proven its ability to enable organizations to:
- Protect confidential information
- Eliminate data leakage and data theft, especially while outsourcing business operations
- Comply with the relevant guidelines and regulatory compliance obligations like GDPR and CCPA.