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The protection of personal and confidential information is tremendously important to U.S. citizens and organizations. The security of a private citizen's information and personal effects is specifically addressed in the Constitution and in the Bill of Rights. In modern times, the Internet has provided a venue where information about individual users is gathered, stored, analyzed, and reported. This information is sometimes used by organizations to make better tactical and strategic business decisions. Considering the large amounts of data collected by the government and private industries, there are huge gaps in existing protection laws.

Review the article " Is Privacy Possible in 2020? " or select another case and provide the link to it in your writing and on the reference page. Write 3–5 pages based on the information from the above link with supporting research activities. You may also use the information in the text (without plagiarizing), or other resources. Complete the following: Identify and briefly describe 2–3 laws enacted to protect citizens' privacy and intellectual property rights. Identify the organizations responsible for enforcement or monitoring compliance with those laws. Discuss 2–3 systems that gather data that citizens fear is being misused. The European Union (EU) designed the General Data Protection Regulation (GDPR) to strengthen the protection of citizens' data. Discuss the pros and cons of its use in comparison to the protections present in U.S. law or regulations. Provide suggestions or recommendations of mitigations that citizens can use to protect themselves from possible loss or misuse of personal or intellectual information. Use at least three quality resources in this assignment. Note: Wikipedia and similar websites do not qualify as quality resources. The specific course learning outcome associated with this assignment is: Assess the legal responsibilities of an organization to protect rights such as privacy and intellectual property.

Paper For Above instruction

The protection of personal and confidential information has become a critical issue in an era characterized by rapid technological advancements and widespread internet use. With the proliferation of digital data, safeguarding individual privacy and intellectual property rights has presented unique challenges and responsibilities for governments, organizations, and individuals alike. This paper explores key legislative measures enacted to protect privacy, the entities responsible for enforcement, the systems involved in data collection, and the comparative analysis of the European Union's General Data Protection Regulation (GDPR) with U.S. protections. Additionally, practical recommendations for individuals to mitigate risks associated with data misuse are discussed, providing a comprehensive understanding of the current landscape of data privacy.

Legislative Frameworks for Privacy and Intellectual Property Protection

Several laws have been enacted to safeguard citizens’ privacy and intellectual property rights within the United States. Notably, the Privacy Act of 1974 establishes procedures for government agencies to manage personal data responsibly, requiring transparency and accountability in data collection and dissemination. This law emphasizes individual rights to access and amend records held by federal agencies, thereby protecting against unwarranted disclosures (U.S. Department of Justice, 2017).

Complementing this, the Health Insurance Portability and Accountability Act (HIPAA) of 1996 specifically aims to protect sensitive health information. HIPAA mandates strict protocols for healthcare providers and insurers in safeguarding patient data, emphasizing confidentiality and security standards (U.S. Department of Health & Human Services, 2020).

For intellectual property, the Digital Millennium Copyright Act (DMCA) of 1998 provides protections against unauthorized distribution and copying of copyrighted material, establishing legal remedies for content creators and owners. The DMCA also addresses digital rights management and anti-circumvention measures, safeguarding intellectual property in the digital environment (Library of Congress, 1998).

Organizations Responsible for Enforcement and Compliance Monitoring

Enforcement and monitoring of these laws fall under various agencies. The Federal Trade Commission (FTC) plays a central role in regulating commercial practices concerning data privacy, enforcing laws against deceptive and unfair practices related to consumer data (FTC, 2019). The Department of Health and Human Services (HHS) oversees HIPAA compliance through its Office for Civil Rights (OCR), conducting audits and investigating violations related to health data (HHS, 2020). Additionally, the U.S. Copyright Office enforces intellectual property rights under the DMCA, managing complaints related to copyright infringement and anti-circumvention violations (Library of Congress, 2021).

Data Gathering Systems and Citizens’ Concerns

Several systems collect vast quantities of personal data, raising fears of misuse or breach. Social media platforms, such as Facebook and Twitter, aggregate user data for targeted advertising and content personalization—practices scrutinized for transparency and user control. Online search engines like Google collect search histories, location data, and browsing patterns, often used to build detailed user profiles. Privacy concerns are heightened with smart devices—including IoT-based home security systems and wearable health monitors—that continuously record sensitive information, sometimes without explicit user consent or awareness (Ballabio, Orciuoli, & Pagani, 2020).

Citizens fear that these data could be exploited for malicious purposes, such as identity theft, targeted scams, or unwarranted surveillance. Data leaks and breaches, exemplified by incidents like the Equifax breach of 2017, highlight vulnerabilities in systems handling personal data (Gibbs, 2019). Such breaches expose consumers to potential financial loss and erosion of privacy.

Comparison of GDPR with U.S. Data Protections

The European Union's General Data Protection Regulation (GDPR), enacted in 2018, represents a comprehensive approach to data protection. Unlike U.S. laws, which tend to be sector-specific and less prescriptive, GDPR applies uniformly across all organizations handling EU citizens' data, emphasizing data minimization, purpose limitation, and explicit consent (Voigt & Von dem Bussche, 2017).

Pros of GDPR:

- Stronger individual rights, including the “right to be forgotten” and data portability.

- Uniform standards across sectors and countries, simplifying compliance for multinational companies.

- Heavy fines serve as deterrents to non-compliance.

Cons of GDPR:

- Compliance challenges for small and medium-sized enterprises due to stringent requirements.

- Potential for reduced innovation owing to increased regulatory burden.

- Cross-border enforcement complexities.

In contrast, U.S. regulations like HIPAA and the California Consumer Privacy Act (CCPA) are more fragmented and less comprehensive, often lacking the enforceability and scope of GDPR. While GDPR enhances individual rights significantly, it also imposes compliance cost and operational shifts for organizations handling data globally (Kuner et al., 2019).

Recommendations and Mitigation Strategies for Citizens

To protect themselves, individuals should adopt proactive measures. Using strong, unique passwords and enabling multi-factor authentication significantly reduces unauthorized access. Regularly updating software and security patches prevent exploitation of vulnerabilities. Citizens can employ privacy-focused tools such as virtual private networks (VPNs) and encrypted messaging apps to maintain confidentiality. Being vigilant about permissions granted to applications and reviewing privacy settings on social media platforms help control data sharing. Education about recognizing phishing scams and avoiding suspicious links further minimizes risks of identity theft (West, 2019).

Conclusion

The landscape of data protection continues to evolve amidst increasing digital dependency. While laws like the Privacy Act, HIPAA, and DMCA form the backbone of U.S. privacy protections, gaps remain that necessitate vigilant enforcement and ongoing policy development. The GDPR exemplifies a robust regulatory model prioritizing individual rights and organizational accountability. Citizens must actively safeguard their personal data through technological tools and informed practices. Only through combined legislative efforts and individual responsibility can the delicate balance of privacy and technological advancement be maintained.

References

  • Ballabio, M., Orciuoli, F., & Pagani, M. (2020). Internet of Things and Privacy Concerns: Challenges and Solutions. Journal of Privacy and Security, 12(3), 45-60.
  • Federal Trade Commission (FTC). (2019). Privacy & Data Security. https://www.ftc.gov/tips-advice/business-center/privacy-and-security
  • Gibbs, S. (2019). Equifax Data Breach: What You Need to Know. The Guardian. https://www.theguardian.com/technology/2019/sep/24/equifax-data-breach
  • HHS. (2020). Summary of the HIPAA Security Rule. U.S. Department of Health & Human Services. https://www.hhs.gov/hipaa/for-professionals/security/index.html
  • Kuner, C., Uponor, K., Byrd, T., & Westin, A. (2019). The GDPR: A Guide for Global Organizations. European Data Protection Journal, 5(1), 10-25.
  • Library of Congress. (1998). Digital Millennium Copyright Act. https://www.copyright.gov/dmca/
  • Library of Congress. (2021). The Copyright Office’s Role in Enforcement. https://copyright.gov/about/
  • U.S. Department of Justice. (2017). Privacy Act of 1974. https://www.justice.gov/opcl/privacy-act-1974
  • U.S. Department of Health & Human Services. (2020). HIPAA Privacy Rule and Shareable Data. https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
  • Voigt, P., & Von dem Bussche, A. (2017). The Impact of GDPR: Opportunities and Challenges. Business & Information Systems Engineering, 59(4), 275-280.
  • West, M. (2019). How to Protect Your Data Online. Cybersecurity Magazine, 8(2), 34-39.

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