Data Protection Laws and Principles
Data protection means is to protect the personal data and privacy of an individual against exposure or loss.
Laws of Data Protection/Security
Most of the countries takes sectoral approach to the law of data protection security. These rules are focused on the industry sector such as financial services, healthcare, telecommunications, insurance, and education). These rules establish:
- Consent to data collection practices
- Consumer rights regarding correction of inaccurate data Protection of the privacy of personally-identifying information
In 2020, the protection of personal data was a concern for 50 percent of European advertisers investing in programmatic advertising. Ad tech groups and publishers were somehow less concerned (29 and 22 percent, respectively). Over the considered period, agencies seemed less and less worried by the obligations of data protection rules in Europe.
Obligations regarding Data Protection
Obligations regarding data protection include:
• Requiring co-operation from the customer to access and correct or delete their data.
• Acknowledging the ownership of its customer data
• Measures to ensure that the data processing with the customer’s specific regulatory obligations regarding the privacy and security of personal data
• Placing restrictions on the use and transfer of personal information.
Some organization provides rights to consumers, including:
• Right to have access to personal information that is sold for a business purpose.
• Right to deletion of personal information that was collected.
• Right to direct a business
• Opt-in right for sale of personal information of persons
• Right to be informed to have access to personal information
• Private right of action for data breaches.
- Right to equal services and pricing
Principles for Data Protection
There are seven major principles for data protection from the unlawful processing of personal data. Processing includes organization, storage the collection, structuring, communication, alteration, consultation, use, restriction, combination, erasure or destruction of personal data.
These seven major principles are:
- Lawfulness and transparency
- Storage limitation
- Data minimization
- Integrity and confidentiality (security)
- Accuracy
- Purpose limitation
- Accountability
Confidentiality of Data
Mutual confidentiality clauses are included in agreements and address the following items:
• Definition of term “confidential information”. These terms carved out information that is subjected to data protection and data privacy laws
• Disclosure of a party’s confidential information perform contractual obligations
• Standard exceptions to the definition of confidential information, such as:
i. Publicly available information
ii. Information obtained by a party without violation of any other applicable confidentiality obligation
iii. Information independently developed by a party should be provided by the other party.
- Destruction of confidential information should be received upon written notice.
Why Obligations are needed?
Any company that contains data revealing subject such as health, genetic data, religious beliefs, racial or ethnic origin etc. must have a data protection officer. These officers will serve as adviser of companies about compliance with the regulation. Some companies are allowed to collect personal information about their employees as part of human resources processes.
Why we need data protection?
The principles and rules on the protection of information of natural persons shall be applicable to their personal data. Date can about their nationality, residence, but will respect the fundamental rights , to protect the personal data.
This Regulation will help in the accomplishment of an area of freedom and justice and of an economic union, security, to economic and social progress, to the convergence and strengthening of the economies within the internal market.
Conclusion
To protect the security and confidentiality, standard terms obligate party’s confidential information using measures that are as stringent as the measures that the one party is using to protect its own similar information. Confidentiality terms should enforced under the governing law specified in the agreement. The extent of application of international standard be should be specified in the agreement.
