Global Privacy Laws
Global privacy laws and regulations aim to protect individuals’ personal information. Institutions are responsible for ensuring compliance with privacy laws and regulations when they engage in activities that involve the collection, use, or disclosure of personal information of individuals located outside the U.S. Despite varying in specifics and scope, most laws share several high-level similarities. Here’s a breakdown of common elements found across major privacy frameworks:
1. Data Protection Principles
- Purpose Limitation: Data should be collected for specified, legitimate purposes and not used in ways incompatible with those purposes.
- Data Minimization: Only the data necessary for the intended purpose should be collected and processed.
- Accuracy: Data must be kept accurate and up-to-date.
- Storage Limitation: Data should not be kept longer than necessary for the purposes for which it was collected.
- Security: Adequate measures should be taken to protect data against unauthorized access, loss, or destruction.
- Accountability: Organizations should be responsible for compliance with data protection principles and be able to demonstrate their adherence.
2. Consent Requirements
- Many laws require obtaining the consent of individuals before collecting, processing, or sharing their personal data. Consent must often be informed, explicit, and freely given.
3. Rights of Individuals
- Right to Access: Individuals generally have the right to access their personal data held by organizations.
- Right to Rectification: Individuals can request corrections to inaccurate or incomplete data.
- Right to Erasure (Right to be Forgotten): Individuals can request that their data be deleted under certain conditions.
- Right to Restrict Processing: Individuals can limit how their data is processed under certain circumstances.
- Right to Data Portability: Individuals can request that their data be transferred to another organization or to themselves in a structured, commonly used format.
- Right to Object: Individuals can object to the processing of their data for specific reasons, such as direct marketing.
4. Cross-Border Data Transfers
- Many privacy laws address how personal data can be transferred across borders, often requiring that adequate levels of protection are in place in the destination country or organization.
5. Data Breach Notification
- Organizations are generally required to notify individuals and/or regulatory authorities in the event of a data breach that could impact the privacy and security of personal data.
6. Regulatory Oversight and Enforcement
- Most privacy laws establish regulatory bodies or authorities responsible for enforcing compliance, investigating complaints, and imposing penalties for violations.
7. Accountability and Documentation
- Organizations are often required to maintain records of data processing activities and demonstrate compliance with privacy laws. This may include conducting Data Protection Impact Assessments (DPIAs) or similar assessments.
Learn More About Global Privacy Laws
Browse through the content below to learn more about some common global privacy laws.
EU GDPR
The General Data Protection Regulation (GDPR) is a comprehensive data protection law enacted by the European Union (EU), and its applicability extends beyond EU borders, including to universities in the United States under certain circumstances. Here's how GDPR may apply to universities in the U.S.
UK GDPR
Created after the United Kingdom's departure from the European Union, the UK has retained GDPR principles in domestic law (UK GDPR) with minor amendments to ensure it functions effectively in the UK context. Organizations operating in the UK must comply with UK GDPR standards.
PIPEDA
Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) governs how private sector organizations collect, use, and disclose personal information in Canada. While PIPEDA applies primarily to organizations operating within Canada, there are implications for universities in the United States under certain circumstances.
LGPD
Brazil's Lei Geral de Proteção de Dados (LGPD), or General Data Protection Law, governs the processing of personal data in Brazil. While it primarily applies to organizations operating within Brazil or processing data of individuals located in Brazil, there are potential implications for universities in the United States under certain circumstances, especially in international operations or collaborations involving Brazilian individuals or entities.
There are many other nations with their own laws and regulations governing the use of personal data. While the current focus is on those listed above, UF intends to broaden its compliance efforts as more global laws and regulations become pertinent.
For any other questions, please contact privacy@ufl.edu.