You Have Landed A Position As An Intern Paid By The Governme

You Have Landed A Position As An Intern Paid For The Governor Of The

You have landed a position as an intern (paid) for the governor of the state of Nàºmenor, Governor Tar-Màriel. Nàºmenor has not enacted any privacy laws to protect the personal information/data of its citizens. Hearing about recent incidents of thefts and misuse of personal information/data, Nàºmenoreans have been calling Governor Tar-Màriel’s office to angrily complain about the lack of protection of their personal information/data. A large number of the callers believe that their privacy is being violated. As it now stands, their personal information/data is being collected and used by people and organizations—sometimes with and sometimes without their consent.

Some citizens express concern about the collection and use of their "biometric data"; others mention something about "PII"; and others call for Nàºmenor to enact a law like the "GDPR". Governor Tar-Màriel wants to understand the problem better and perhaps propose legislation (she is up for re-election in November). She learned that you are taking a Cyber Law course so she has turned to you for help. Governor Tar-Màriel does not know much about privacy and personal information/data protection issues, so she tasks you to write a memorandum answering the questions below in plain English. Be sure to first review chapter 12 of the textbook, related course materials, and conduct some of your own additional research.

Paper For Above instruction

Overview of Privacy, Personal Data Concerns, and Importance to Citizens

Privacy, in its broadest sense, refers to an individual's right to control their personal information and maintain autonomy over their personal space and details. It encompasses the right to keep certain personal details confidential and to decide what information to share, with whom, and under what circumstances. The importance of protecting personal information/data lies in safeguarding citizens from numerous risks. Without adequate protection, individuals may become victims of identity theft, financial fraud, or malicious exploitation of their data. Such breaches can lead to financial loss, emotional distress, loss of reputation, and even physical harm in some cases. The erosion of trust in digital systems is another consequence, as citizens become hesitant to engage in online activities or share information necessary for access to services, which can hamper societal and economic development.

Biometric Data and Personally Identifiable Information (PII): Definitions and Examples

Biometric data includes unique physical or behavioral characteristics used to identify individuals, such as fingerprints, facial recognition, iris scans, voice patterns, and gait analysis. For example, a fingerprint scan used to unlock a smartphone or facial recognition technology used at airport security are instances of biometric data collection. Personally Identifiable Information (PII), on the other hand, refers to any data that can distinguish or trace an individual's identity, either alone or when combined with other data. Common examples of PII include name, social security number, home address, date of birth, and phone number. Both biometric data and PII are highly sensitive and require robust protections due to their potential misuse in identity theft or invasive profiling.

The General Data Protection Regulation (GDPR): Scope and Principles

The GDPR is a comprehensive data protection framework enacted by the European Union to regulate the processing of personal data. It applies to all organizations operating within the EU or handling data of EU citizens, regardless of the organization's location. The regulation encompasses broad principles such as lawfulness, fairness, and transparency in data processing; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability. It also grants individuals significant rights over their data, including access, rectification, deletion, and data portability. The GDPR aims to ensure that personal data is protected throughout its lifecycle and processed ethically, emphasizing user consent and the right to privacy.

Privacy Protection Measures in Other States

Various U.S. states have implemented laws to bolster privacy protections. For instance, California enacted the California Consumer Privacy Act (CCPA), which provides California residents with rights similar to those in the GDPR, such as the right to know what data is collected, delete personal data, and opt-out of data sales. The law also imposes obligations on businesses to be transparent about their data practices and implement safeguards for consumer data. Similarly, Virginia adopted the Consumer Data Protection Act (CDPA), offering rights to access, correct, delete, and data portability, along with establishing a framework for responsible data processing. These state laws reflect a growing recognition of privacy concerns and a move toward stronger, more localized data protection standards.

Recommendation on Enacting Legislation: State vs. Federal Level

In advising Governor Tar-Màriel, it is crucial to weigh the advantages and drawbacks of pursuing state legislation versus federal action. Enacting a personal data protection law at the state level allows Nàºmenor to tailor standards specifically to its citizens' needs, potentially becoming a model for other regions, and addressing the immediate concerns of its residents. However, this approach might lead to inconsistent standards across states, complicating compliance for businesses operating nationally and creating a fragmented legal landscape. Conversely, advocating for federal legislation can establish uniform standards nationwide, simplifying compliance and ensuring that all citizens benefit from consistent protections. Nevertheless, federal action often requires lengthy legislative processes and may encounter political opposition, delaying implementation. Given these factors, a balanced strategy might involve initially adopting strong state-level laws while actively advocating for comprehensive federal privacy legislation to create a cohesive national framework.

References

  • Bradshaw, S., Millard, C., & Walden, I. (2011). Contracts for Clouds: Comparison and Analysis of the Terms and Conditions of Cloud Computing Services. International Journal of Law and Information Technology, 19(3), 187-223.
  • European Parliament. (2016). General Data Protection Regulation (GDPR). Official Journal of the European Union.
  • California Consumer Privacy Act (CCPA). (2018). California Consumer Privacy Act of 2018.
  • VIRGINIA Consumer Data Protection Act (VCDPA). (2021). Virginia Consumer Data Protection Act.
  • Kuner, C., et al. (2017). The EU General Data Protection Regulation: A Commentary. Oxford University Press.
  • Solove, D. J. (2008). Understanding Privacy. Harvard University Press.
  • Westin, A. F. (1967). Privacy and Freedom. Athens: University of Georgia Press.
  • Friedman, B., et al. (2014). The Negotiation of Privacy in the Cloud. ACM Transactions on Privacy and Security, 17(1).
  • George, A. (2020). Privacy Laws in the United States: An Overview. Journal of Cybersecurity, 6(2), 45-58.
  • Schneier, B. (2015). Data and Goliath: The Hidden Battles to Collect Your Data and Control Your World. W. W. Norton & Company.

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