Data Theft rules and regulations: Things you should know (Pt.1)

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Data Theft rules and regulations Things you
should know (Pt.1)

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Issues Faced

• The most serious problem with data theft is its
  international nature for example, systems may be
  accessed in the United States, data exploited in
  China, and the effects felt in India.
• Different sovereignties, jurisdictions, laws, and
  rules will come into play as a result of this
  capacity, which is a problem in and of itself.
• Furthermore, gathering evidence in such
  circumstances becomes a problem because
  conducting an investigation in three different
  countries, all of which do not speak the same
  language, is nearly impossible, and our cops
  lack of technological know-how adds to the
  problems.

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Issues Faced

• Another issue is a lack of cooperation between
  various investigating agencies and a shaky
  extradition process.
• The most critical of all of these problems is the
  lack of clear legislation in the country dealing
  with this crime, which means that even though the
  perpetrator is apprehended, he can easily get
  away by using some of our legal loopholes.
• Data and IT services provide better protection
  against data theft.
• Weve compiled a list of ten data protection laws
  from around the world that businesses should be
  aware of. The IT Security Standards provide a
  complete guideline in this field.

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1. General Data Protection Regulation (GDPR) (EU)

• The General Data Protection Regulation (GDPR) of
  the European Union went into effect on May 25,
  2018, and it has had a far-reaching ripple
  effect, putting data protection into the public
  eye and onto legislative agendas all over the
  world.
• GDPR is the most dramatic reform in the data
  privacy policy in the last 20 years, offering
  unparalleled levels of security and individual
  empowerment.
• The European Unions current data protection
  policy imposes new requirements on businesses and
  organisations to ensure the privacy and
  protection of personal data, grants data
  subjects certain privileges, and empowers
  regulators to demand transparency demonstrations
  or even levy fines in cases of non-compliance.

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1. General Data Protection Regulation (GDPR) (EU)

• The GDPR 's main principles include legal,
  equitable, and straightforward processing, clear
  and explicit consent, mandatory violation
  notification, the right to access, the right to
  be forgotten, and privacy by design and default.
• The regulation has extraterritorial application,
  which means it extends to all entities that
  collect and process personal data of EU citizens,
  regardless of their location.

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2. The Personal Information Security and
Electronic Records Act
(PIPEDA) (Canada)

• The Personal Information Security and Electronic
  Documents Act (PIPEDA), Canadas federal data
  protection statute, was passed in 2000. The
  Personal Information Protection and Electronic
  Documents Act (PIPEDA) governs how companies
  obtain, use, and report personal and confidential
  data in the private sector, among other things.
• The legislation is divided into ten fundamental
  values that must be followed by companies.

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2. The Personal Information Security and
Electronic Records Act
(PIPEDA) (Canada)

• The Government of Canada released the Data
  Privacy Act, an update to PIPEDA, on November
  1st, 2018, in order to harmonise Canadian
  standards with those of the EUs GDPR. This Act
  modifies PIPEDA by adding additional regulations
  such as consent provisions, data breach alerts,
  and a broader scope of implementation.
• The Government of Canada announced a 10-principle
  Digital Charter and a Discussion Paper detailing
  plans to modernise PIPEDA on May 22, 2019.

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3. The California Consumer Privacy Act (CCPA)
(California)

• The California Consumer Privacy Act (CCPA), which
  takes effect on January 1, 2020, was enacted in
  response to the increasing importance of personal
  data in modern business practices, as well as the
  personal privacy consequences of data collection,
  usage, and security.
• The Golden States new data privacy legislation,
  which was signed into law on June 28, 2018,
  provides users access to and control over
  personal information collected online, and it
  requires businesses doing business in California
  to make structural improvements to their privacy
  systems.

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3. The California Consumer Privacy Act (CCPA)
(California)

• Given Californias status as the worlds
  fifth-largest economy, the CCPA is expected to
  have a global effect, similar to the GDPR.
• An expanded definition of personal information,
  new data privacy protections for California
  residents, a new statutory damages system, and
  new rules when childrens personal data is used
  are all main components of the CCPA.
• The right to know what data is being collected
  about them and how it is being used, as well as
  the right to have their data erased, are among
  the many parallels between Californias new
  privacy law and its European equivalent, the
  GDPR.
• However, there are major differences between the
  two laws, especially in terms of the extent of
  implementation and rules concerning acquiescence.

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4. The Act on Personal Information Protection
(APPI) (Japan)

• The Act on Personal Information Protection in
  Japan (APPI) was passed in 2003 and went into
  effect in 2005. It was substantially revised ten
  years later, in 2015 the changes went into force
  on May 30, 2017, one year ahead of the EUs GDPR.
• The APPI safeguards individuals personal data in
  Japan by developing laws for governments and some
  business operators to obey in order to secure an
  individuals rights when it comes to collecting
  and managing personal data. Whether or not
  cross-border data transfers occur, entities
  operating in Japan must comply with APPI.

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4. The Act on Personal Information Protection
(APPI) (Japan)

• In some ways, the APPI differs from the GDPR the
  GDPR offers more rights to data subjects and
  imposes tighter rules on organisations that
  handle personal data than the APPI.
• Following the GDPR, Japan became the first
  country to receive an adequacy decision from the
  European Commission (EC), ensuring a seamless
  flow of data between the EU and Japan as well as
  facilitating increased data transfers.

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5. Lei Geral de Proteço de Dados (LGPD) (Brazil)

• Brazil adopted the General Data Protection Law
  (Lei Geral de Proteço de Dados or LGPD) on
  August 14, 2018, which will take effect on August
  15, 2020. The new data protection system, which
  is largely influenced by the GDPR, sets
  guidelines for the online and offline collection
  of personal data in both the public and private
  sectors, regardless of the position of the data
  processor.
• The law seeks to replace and complement current
  legal codes, with one of the goals being to bring
  Brazils data care in line with European
  standards.

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5. Lei Geral de Proteço de Dados (LGPD) (Brazil)

• Data subjects rights (e.g., the right to request
  access to their data as well as the right to be
  forgotten), the need for data protection
  officers, data protection impact evaluations, and
  data breach alerts are all key parallels between
  the LGPD and GDPR.
• However, the LGPD goes beyond and beyond European
  regulation in many ways, such as legal bases and
  mandatory violation notices.

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6. Personal Data Protection Act (PDPA) (Singapore)

• In Singapore, personal data is covered by the
  Personal Data Protection Act (PDPA), which was
  passed in 2012 and went into effect in 2014. The
  PDPA is a data security system that governs the
  collection, use, disclosure, and storage of
  personal data for all private sector
  organisations.
• It respects both individuals rights to personal
  data privacy and organisations needs to obtain,
  use, and reveal personal data for legitimate and
  fair purposes.
• The PDPA, like the GDPR, has extraterritorial
  application and refers to anyone who does not
  have a physical presence in Singapore.

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7. Personal Data Protection Act (PDPA) (Thailand)

• The Personal Data Protection Act (PDPA),
  Thailands first unified law regulating data
  protection in the country, was published on May
  27, 2019. By May 27, 2020, organisations
  gathering and processing personal data must be
  consistent with the PDPA.
• Thailands government has generally taken
  principles from the GDPR, with a few tweaks to
  suit the countrys needs. It did so on purpose to
  prove that Thailand has an adequate standard of
  data security in contrast to the EU.
• The PDPA contains a new concept of personal
  information, special categories of confidential
  data, consent provisions for minors, data
  subjects privileges, extraterritoriality, and
  limits on personal data transfers to third
  countries, among other items.

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7. Personal Data Protection Act (PDPA) (Thailand)

• The PDPA contains a new concept of personal
  information, special categories of confidential
  data, consent provisions for minors, data
  subjects privileges, extraterritoriality, and
  limits on personal data transfers to third
  countries, among other items.
• To be continued in Pt.2

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