A Rising Tide Lifts All Consumers: Penumbras of Foreign Data Protection Laws in the United States

2020 ◽  
Author(s):  
Michael Goodyear
Keyword(s):  
United States ◽  
Data Protection ◽  
The United States

Indonesian cybersecurity faces geopolitical hurdles

2021 ◽  
Keyword(s):  
United States ◽  
Civil Society ◽  
Data Protection ◽  
Personal Data ◽  
The United States ◽  
Digital Economy ◽  
Content Type ◽  
Personal Data Protection ◽  
State Surveillance ◽  
Data Protection Law

Significance Such programmes contribute not only to Indonesia’s efforts to boost the cyber readiness of its booming digital economy, but are also designed to maintain China's friendly relations with South-east Asia’s largest economy amid the intensifying technology tensions between China and the United States. Impacts The Personal Data Protection Law would need to clarify key provisions and concepts to be effective. The BSSN’s extensive powers will fuel civil society concerns about excessive state surveillance. Turning down Chinese technology suppliers carries cost and wider economic ramifications for Jakarta.

Cybermedicine, Telemedicine, and Data Protection in the United States

2009 ◽  
pp. 347-369
Author(s):  
Karin Mika
Keyword(s):  
United States ◽  
Data Protection ◽  
The United States ◽  
Consumer Information ◽  
Expert Advice ◽  
The Internet ◽  
Comprehensive Overview ◽  
Actual Case ◽  
Consumer Privacy ◽  
Privacy Laws

This chapter provides an overview of law relating to online and Internet medical practice, data protection, and consumer information privacy. It provides a comprehensive overview of federal (HIPAA) and state privacy laws, concluding that both those legal resources leave gaps in consumer protection and provide no real penalties for violating the laws. The authors educate the readers to the legal and data protection problems consumers will encounter in purchasing medical and health services on the Internet. Furthermore, the authors recount some actual case studies and follow those with expert advice for those Internet consumers who wish to be not merely informed, but also safe. The authors not only educate the readers to the lack of protection afforded to them but also advocate throughout the chapter that the United States must enact more federal protection for the consumer in order to deter privacy violations and punish criminal, negligent, and wilful violations of personal consumer privacy.

Cybermedicine, Telemedicine, and Data Protection in the United States

2011 ◽  
pp. 274-296
Author(s):  
Karin Mika
Keyword(s):  
United States ◽  
Data Protection ◽  
The United States ◽  
Consumer Information ◽  
Expert Advice ◽  
The Internet ◽  
Comprehensive Overview ◽  
Actual Case ◽  
Consumer Privacy ◽  
Privacy Laws

This chapter provides an overview of law relating to online and Internet medical practice, data protection, and consumer information privacy. It provides a comprehensive overview of federal (HIPAA) and state privacy laws, concluding that both those legal resources leave gaps in consumer protection and provide no real penalties for violating the laws. The authors educate the readers to the legal and data protection problems consumers will encounter in purchasing medical and health services on the Internet. Furthermore, the authors recount some actual case studies and follow those with expert advice for those Internet consumers who wish to be not merely informed, but also safe. The authors not only educate the readers to the lack of protection afforded to them but also advocate throughout the chapter that the United States must enact more federal protection for the consumer in order to deter privacy violations and punish criminal, negligent, and wilful violations of personal consumer privacy.

4. Supervisory agencies

2020 ◽  
pp. 56-70
Author(s):  
Ian J. Lloyd
Keyword(s):  
United States ◽  
Data Protection ◽  
The United States ◽  
The Status ◽  
Significant Divergence

This chapter first describes the rationale for the establishment of supervisory agencies for data protection in EU States. This marks a significant divergence in approach from other countries such as the United States and continues to constitute a barrier to harmonisation in the data protection field. Specific attention is paid to the status and role of the United Kingdom’s Information Commissioner and the investigative and enforcement powers conferred on the Commissioner. The evolving nature of the requirements of registration of data controllers is considered as is the role of the Register of Data Controllers. Attention is given also to the appeal mechanisms established under the Act and to the role of the First Tier Tribunal.

Data Protection and Intellectual Property: Information Systems and the Americanization of the New Europe

1996 ◽  
Vol 28 (5) ◽  
pp. 891-908 ◽  
Author(s):  
M R Curry
Keyword(s):  
United States ◽  
Information Systems ◽  
Intellectual Property ◽  
Eastern Europe ◽  
Data Protection ◽  
Central And Eastern Europe ◽  
The United States ◽  
Emerging Democracies ◽  
Western Influence ◽  
Computer Based

The introduction of computer-based information systems into the newly emerging democracies—and markets—of Central and Eastern Europe raises important questions. With information seen by many in government and industry as the gold of the future, it is not surprising that it is common in the West to see it as essential that those countries adopt regulations that will encourage its relatively unfettered flow. In fact, in the key areas of data protection and intellectual property we can see strong indications of Western influence. But this is occurring in different ways. In the case of data protection, US influence has been brought to bear through intermediaries, particularly the European Community. In the case of intellectual property, the United States has acted more directly. In both cases, though, the United States is promoting what it sees as its own values despite their being in important ways at odds with those not simply of Central and Eastern Europe but of Europe more generally.

Trading Up in the Transatlantic Relationship

2004 ◽  
Vol 24 (1) ◽  
pp. 127-144 ◽  
Author(s):  
SEBASTIAAN PRINCEN
Keyword(s):  
United States ◽  
Data Protection ◽  
The United States ◽  
Race To The Top ◽  
The Other ◽  
Race To The Bottom ◽  
Regulatory Standards ◽  
Data Protection Directive ◽  
Transatlantic Relationship ◽  
The Eu

This article analyses the conditions under which a race to the top or California effect is likely to take place. To that end, it examines two cases in which the EU restricted or threatened to restrict imports from the United States and Canada because of differences in regulatory standards. In one case, the European data protection directive, a California effect occurred. In the other case, the EU ban on hormone-treated beef, no California effect occurred. An analysis of these two cases leads to two additions to existing explanations of the California effect. The analysis also has a number of implications for the debate on the race to the bottom thesis.

scholarly journals Data protection rules in the united states legal system

2020 ◽  
pp. 481-484
Author(s):  
Araz Poladov
Keyword(s):  
United States ◽  
Legal System ◽  
Data Protection ◽  
Data Privacy ◽  
Practical Importance ◽  
Personal Data ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.

scholarly journals Are Browse-wrap Agreements Legally Binding: As Analysed Across Multiple Jurisdictions

2020 ◽  
Vol 5 (7) ◽  
pp. 1333-1336
Author(s):  
Aashana Chandak
Keyword(s):  
United States ◽  
European Union ◽  
Consumer Protection ◽  
Data Protection ◽  
United States Of America ◽  
The United States ◽  
The European Union ◽  
General Data ◽  
Adequate Communication ◽  
Multiple Jurisdictions

Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions

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