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Right Of Access To Personal Data
The right of access, also referred to as right to access and (data) subject access, is one of the most fundamental rights in Information privacy, data protection laws around the world. For instance, the United States, Singapore, Brazil, and countries in Europe have all developed laws that regulate access to personal data as privacy protection. The European Union states that: "The right of access occupies a central role in EU data protection law's arsenal of data subject empowerment measures." This right is often implemented as a Subject Access Request (SAR) or Data Subject Access Request (DSAR). United Nations The aspirational Sustainable Development Goal 16, target 9, calls for the provision of legal identity for all human beings. "In the digital economy, this becomes the right to a digital identity." Such an identity could help in filing subject access requests. Brazil Brazil's General Personal Data Protection Law, General Data Protection Law (LGPD) is its first comprehensive ...
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Information Privacy
Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data privacy or data protection. Information types Various types of personal information often come under privacy concerns. Cable television This describes the ability to control what information one reveals about oneself over cable television, and who can access that information. For example, third parties can track IP TV programs someone has watched at any given time. "The addition of any information in a broadcasting stream is not required for an audience rating survey, additional devices are not requested to be installed in the houses of viewers or listeners, and without the necessity of their cooperations, audience ratings can be automatically performed in real-time." Educational In the United Kingdom in 2012, the Education Secretary ...
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Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq.'', is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It was intended to shield consumers from the willful or negligent inclusion of erroneous data in their credit reports. To that end, the FCRA regulates the collection, dissemination, and use of consumer information, including consumer credit information. It was originally passed in 1970, and is enforced by the U.S. Federal Trade Commission, the Consumer Financial Protection Bureau, and private litigants. History Before standardization of credit scoring, statements of character were integral to credit reports well into the 1960s. With credit reports containing probing details about personality, habits, and health, in the hearings on the Fair Credit Reporting Act lawmakers were troubled that individuals were helpless to clear up errors. The Fair Credit Re ...
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Data Access
Data access is a generic term referring to a process which has both an IT-specific meaning and other connotations involving access rights in a broader legal and/or political sense. In the former it typically refers to software and activities related to storing, retrieving, or acting on data housed in a database or other information repository, repository. Details Two fundamental types of data access exist: # sequential access (as in magnetic tape data storage, magnetic tape, for example) # random access (as in indexed digital media, media) Data access crucially involves authorization to access different data repositories. Data access can help distinguish the abilities of administrators and users. For example, administrators may have the ability to remove, edit and add data, while general users may not even have "read" rights if they lack access to particular information. Historically, each repository (including each different database, file system, etc.), might require the use of ...
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Facebook–Cambridge Analytica Data Scandal
In the 2010s, personal data belonging to millions of Facebook users was collected by British consulting firm Cambridge Analytica for Campaign advertising, political advertising without informed consent. The data was collected through an app called "This Is Your Digital Life", developed by data scientist Aleksandr Kogan (scientist), Aleksandr Kogan and his company Global Science Research in 2013. The app consisted of a series of questions to build psychological profiles on users, and collected the personal data of the users’ Facebook friends via Facebook's Open Graph platform. The app harvested the data of up to 87 million Facebook profiles. Cambridge Analytica used the data to analytically assist the 2016 presidential campaigns of Ted Cruz 2016 presidential campaign, Ted Cruz and Donald Trump 2016 presidential campaign, Donald Trump. Cambridge Analytica was also widely accused of interfering with the Brexit referendum, although the official investigation recognised that the comp ...
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Max Schrems
Maximilian Schrems (born 1987) is an Austrian activist, lawyer, and author who became known for campaigns against Facebook for its privacy violations, including violations of European privacy laws and the alleged transfer of personal data to the US National Security Agency (NSA) as part of the NSA's PRISM program. Schrems is the founder of NOYB – European Center for Digital Rights. Prominent legal cases Complaints with the Irish Data Protection Commissioner (2011) While studying law during a semester abroad at Santa Clara University in Silicon Valley, Schrems decided to write his term paper on Facebook's lack of awareness of European privacy law, after being surprised by what the company's privacy lawyer, Ed Palmieri, said to his class on the subject. He later made a request under the European Right of access to personal data provision for the company's records on him and received a CD containing over 1,200 pages of data, which he published at ''europe-v-facebook.org'' ...
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Microsoft Corp
Microsoft Corporation is an American multinational corporation and technology conglomerate headquartered in Redmond, Washington. Founded in 1975, the company became influential in the rise of personal computers through software like Windows, and the company has since expanded to Internet services, cloud computing, video gaming and other fields. Microsoft is the largest software maker, one of the most valuable public U.S. companies, and one of the most valuable brands globally. Microsoft was founded by Bill Gates and Paul Allen to develop and sell BASIC interpreters for the Altair 8800. It rose to dominate the personal computer operating system market with MS-DOS in the mid-1980s, followed by Windows. During the 41 years from 1980 to 2021 Microsoft released 9 versions of MS-DOS with a median frequency of 2 years, and 13 versions of Windows with a median frequency of 3 years. The company's 1986 initial public offering (IPO) and subsequent rise in its share price created th ...
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EU–US Privacy Shield
The EU–US Privacy Shield was a legal framework for regulating transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. One of its purposes was to enable US companies to more easily receive personal data from EU entities under EU privacy laws meant to protect European Union citizens. The EU–US Privacy Shield went into effect on 12 July 2016 following its approval by the European Commission. It was put in place to replace the International Safe Harbor Privacy Principles, which were declared invalid by the European Court of Justice in October 2015.Vera Jourová, "Commissioner Jourová's remarks on Safe Harbour EU Court of Justice judgement before the Committee on Civil Liberties, Justice and Home Affairs (LIBE)", 26 October 2015 The ECJ declared the EU–US Privacy Shield invalid on 16 July 2020, in the case known as '' Schrems II''. In 2022, leaders of the US and EU announced that a new data transfer framework called the T ...
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California Consumer Privacy Act
The California Consumer Privacy Act (CCPA) is a state statute intended to enhance privacy rights and consumer protection for residents of the state of California in the United States. The bill was passed by the California State Legislature and signed into law by the Governor of California, Jerry Brown, on June 28, 2018, to amend Part 4 of Division 3 of the California Civil Code.The California Consumer Privacy Act of 2018
Officially called AB-375, the act was introduced by Ed Chau, member of the California State Assembly, and State Senator Robert Hertzberg. Amendments ...
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Privacy Act Of 1974
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity. Throughout history, there have been various conceptions of privacy. Most cultures acknowledge the right of individuals to keep aspects of their personal lives out of the public domain. The right to be free from unauthorized invasions of privacy by governments, corporations, or individuals is enshrined in the privacy laws of many countries and, in some instances, their constitutions. With the rise of technology, the debate regarding privacy has expanded from a bodily sense to include a digital sense. In most countries, the right to digital privacy is considered an extension of the original right to privacy, and many countries have passed a ...
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Health Insurance Portability And Accountability Act
The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Ted Kennedy, Kennedy–Nancy Kassebaum, Kassebaum Act) is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. It aimed to alter the transfer of healthcare information, stipulated the guidelines by which personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on Health insurance in the United States, healthcare insurance coverage. It generally prohibits Health professional, healthcare providers and businesses called covered entities from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent. The bill does not restrict patients from receiving information about themselves (with limited exceptions). Furthermore, it does not proh ...
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Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act of 1998 (COPPA) is a United States federal law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ..., located at (). The act, effective April 21, 2000, applies to the online collection of personal information by persons or entities under Federal jurisdiction (United States), U.S. jurisdiction about children under 13 years of age, including children outside the U.S. if the website or service is U.S.-based. It details what a website operator must include in a privacy policy, when and how to seek verifiable consent from a parent or legal guardian, guardian, and what responsibilities an operator has to protect children's privacy and safety online, including restrictions on the marketing of those under 13. Although children under 13 can ...
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Family Educational Rights And Privacy Act
The Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) is a United States federal law that governs the access to educational information and records by public entities such as potential employers, publicly funded educational institutions, and foreign governments. The act is also referred to as the ''Buckley Amendment'', for one of its proponents, Senator James L. Buckley of New York. FERPA is a U.S. federal law that regulates access and disclosure of student education records. It grants parents access to their child's records, allows amendments, and controls disclosure. After a student turns 18, their consent is generally required for disclosure. The law applies to institutions receiving U.S. Department of Education funds and provides privacy rights to students 18 years or older, or those in post-secondary institutions. Disclosure is permitted to parents of dependent students, and medical records are usually protected under FERPA rather than HI ...
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