DATA PROTECTION

Data ProtectionIn Europe data protection is an important issue and is governed by Regulation (EU) 2016/679 - General Data Protection Regulations.

In the United Kingdom this regulation is enforced by the Data Protection Act 2018.

In contrast the United States has not implemented any overarching data protection legislation. Regulations do exist in specific areas such as HIPAA, which addresses the security and privacy of health data. As a result of this the safe harbor arrangement was developed by the US Department of Commerce in order to provide a means for US companies to demonstrate compliance with European Commission directives and thus to simplify relations between them and European businesses.

In Europe data protection and privacy rights are further enhanced by the European Convention on Human Rights, Article 8 of which provides a right to respect for one's "private and family life, his home and his correspondence,"

Data Privacy

Privacy issues may arise wherever uniquely identifiable data relating to a person is collected and processed. The challenge in data privacy is to share data while protecting personally identifiable information. In many circumstances there is the legal right to, or public expectation of privacy in the collection and sharing of data.

Data privacy issues often arise with regard to the following types of information:- 

  • Health information.
  • Criminal justice.
  • Financial information.
  • Genetic information.
  • Location information.