Question

Research on the Internet and discuss the following: What role does data privacy law play in helping to promote an ethical way of thinking about data and analytics? Compare and contrast the European Union’s General Data Protection Regulation to the United States’ privacy laws. As an American citizen, would you prefer to have the stricter privacy laws that the European Union has implemented? Explain your reasoning.

Answer 1

Answer:-

What role does data privacy law play in helping to promote an ethical way of thinking about data and analytics?

Indeed, protecting data privacy is urgent and complex. This protection is necessary because of the ubiquity of the technology-driven and information-intensive environment. Technology-driven and information-intensive business operations are typical in contemporary corporations. The benefits of this trend are that, among other things, the marketplace is more transparent, consumers are better informed and trade practices are more fair. The downsides include socio-techno risk, which originates with technology and human users (e.g., identity theft, information warfare, phishing scams, cyberterrorism, extortion), and the creation of more opportunities for organized and sophisticated cybercriminals to exploit. This risk results in information protection being propelled to the top of the corporate management agenda.

The need for data privacy protection is also urgent due to multidirectional demand. Information protection becomes an essential information security function to help develop and implement strategies to ensure that data privacy policies, standards, guidelines and processes are appropriately enhanced, communicated and complied with, and effective mitigation measures are implemented. The policies or standards need to be technically efficient, economically/financially sound, legally justifiable, ethically consistent and socially acceptable since many of the problems commonly found after implementation and contract signing are of a technical and ethical nature, and information security decisions become more complex and difficult.

Data privacy protection is complex due to socio-techno risk, a new security concern. This risk occurs with the abuse of technology that is used to store and process data. For example, taking a company universal serial bus (USB) device home for personal convenience runs the risk of breaching a company regulation that no company property shall leave company premises without permission. That risk becomes a data risk if the USB contains confidential corporate data (e.g., data about the marketing strategy, personnel performance records) or employee data (e.g., employee addresses, dates of birth). The risk of taking the USB also includes theft or loss.

Compare and contrast the European Union’s General Data Protection Regulation to the United States’ privacy laws

A European Attitude to Privacy and Personal Information

One of the main aims of the GDPR is to ensure that every individual located within the EU, no matter which member state, is guaranteed the same rights and freedoms – including the right to privacy, which is thought of as a basic human right. To accomplish this, the GDPR will enshrine this and other rights in the legislative framework of the EU member states. The desired result will be a cohesive and secure approach to processing personal data collected across the EU, which will protect individuals and their privacy.

An American Attitude to Privacy and Personal Information

In a legal sense, the United States does not provide for an overall expectation of privacy. The collection and processing of personal data is generally regulated based on the type of data under discussion. This is why, for example, data related to healthcare is subject to the Health Insurance Portability and Accountability Act, commonly known as HIPAA, and financial data is governed by the Gramm-Leach-Bliley Act, known as GBLA. As there is no current law in the US that is analogous to the GDPR, many types of data that are covered by the GDPR do not have corresponding protections under American law. This will more than likely result in a situation where data gathered from within the EU will have to be processed and stored to different requirements and to different standards than data gathered from within the US.

would you prefer to have the stricter privacy laws that the European Union has implemented?

yes i prefer,

why:-

The European Union under the GDPR

The most important and talked about change in data protection regulation in Europe in the last twenty years, the GDPR has set off a race for compliance among companies big and small weary of its punitive powers. Businesses guilty of discarding its key principles or suffering major data breaches due to poor data security measures will face hefty fines of up to 4% of their annual global turnover or €20 Million, whichever is greater.

Replacing the EU Data Protection Directive 95/46/EC that was felt no longer adequately addressed the tremendous technological growth of recent years, the GDPR aims to harmonize data privacy laws across Europe, while not only protecting EU citizens’ sensitive data, but also empowering them to better control their data. It introduces, among other requirements, the need for privacy by default and by design, stricter controls over cross-border data transfers and cements EU citizens’ right to be forgotten, essentially allowing them to request the deletion of their data.

In Europe, privacy and data protection appear as fundamental freedoms under the European Union Charter so it is therefore no wonder that the GDPR was shaped into a ground-breaking legislation in defense of these rights.