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In Spain, the protection of personal data is regarded as a constitutional right. In Sweden, the Personal Data Act protects the privacy of personally identifying information, which it loosely defines as any data that, directly or indirectly, is referable to a live person. It states that users are entitled to information concerning processing of their personal data, and that they must give consent before you can collect their data.

Consent must be informed, voluntary, specific, and unambiguous. Anyone who violates the act may be liable to pay fines or even sentenced to criminal penalties. Any organization that collects personal data must publish a document that includes specific information including their name and address, the purpose and methods for the data collection, and any other recipients of the data.

Part 11: Data protection and confidentiality

Some states have more stringent laws than others, such as the California Online Privacy Protection Act CalOPPA , which is the first law in the United States that specifically requires websites to post a privacy policy. The rules were released on February 16th, after two rounds of feedback from industry and the public. This includes conducting regular security risk assessments, keeping audit trails of asset use, providing defensive infrastructures, maintaining policies and procedures for cyber security, and creating an incident response plan. AB allows any California consumer to demand to see all the information a company has saved on them, as well as a full list of all the third parties that data is shared with.

In addition, the California law allows consumers to sue companies if the privacy guidelines are violated, even if there is no breach. In addition, companies of any size that have personal data on at least 50, people or that collect more than half of their revenues from the sale of personal data, also fall under the law.

The law goes into effect on January 1, As a practical matter, companies need to have their data tracking systems in place by the start of , since it gives consumers the right to request all the data a company has collected on them over the previous 12 months. Companies have 30 days to comply with the law once regulators notify them of a violation. Colorado has enacted HB in effect on September 1 Your Name required. Your Email required. Your Message. Brazil Brazil passed the Brazilian Internet Act in which deals with policies on the collection, maintenance, treatment and use of personal data on the Internet.

Czech Republic Act No. Finland The Personal Data Act governs the processing of personal data gathered in Finland, where privacy is considered a basic right. Personal data can only be gathered after obtaining unambiguous consent from the user. In addition to the above please see GDPR Germany In Germany, the Federal Data Protection Act of states that any collection of any kind of personal data including computer IP addresses is prohibited unless you get the express consent of the subject.

Not obeying the act could result in fines or even a prison term up to 3 years. Ireland In Ireland, the privacy of personal data is regulated by the Data Protection Act , including a amendment.

What is the Data Protection Act, and how does it affect my business?

In addition to the above please see GDPR India In India, the Information Technology Act clearly states that every business must have a privacy policy published on its website, whether or not you deal with sensitive personal data. In addition to the above please see GDPR Luxembourg In Luxembourg, Law of 2 August on the protection of persons with regard to the processing of Personal Data states that users must give informed consent before their data can be collected and processed.

Malta In Malta, the right to privacy is considered a fundamental human right, and is protected in part by The Data Protection Act of The Netherlands In the Netherlands, the Dutch Personal Data Protection Act states that you must obtain the unambiguous consent of the user before collecting or processing any information that personally identifies them. In addition to the above please see GDPR Romania In Romania , the law states that you must inform users of their rights when collecting any kind of personal data, including their name.

South Korea In South Korea, the Act on Promotion of Information and Communications Network Utilization and Data Protection states that any information and communications service provider needs to obtain the consent of the user before collecting personal information.

Data Protection Act and your small business

California Consumer Privacy Act of AB AB allows any California consumer to demand to see all the information a company has saved on them, as well as a full list of all the third parties that data is shared with. In addition to the above please see GDPR. Latest News. For the best possible service, our Support Center allows you to create and track support tickets, review Knowledge Base articles and access product and documentation downloads.

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Twitter ActiveNav. At RelativityFest on Oct. The upcoming Data Protection Bill supplements GDPR and includes a new category of child abuse data, defined as physical injuries non-accidental , physical and emotional neglect, ill treatment and sexual abuse. This covers situations where a child may be at risk of significant harm due to neglect or abuse and also applies to referrals made to the local authority for any child considered to be a 'child in need'.

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Working Together to Safeguard Children. The Early Years Foundation Stage. What to do if you are worried a child is being abused. Sensitive information Special category data — including information relating to safeguarding concerns — needs greater protection than other types of data.

Data protection

The Bill lists a series of principles that shall be observed in data processing, in addition to the general principle of good faith, such as purpose, necessity, transparency, security and non-discrimination. Consent is a key element of the Bill and data subjects must have easy access to information about the treatment of their own data, which shall be done in a clear, adequate and purposeful way. Voting and approval of the aforementioned Bill is anticipated to occur later this year.

The society in general, companies and the government are optimistic about having a more definitive regulation on privacy and data protection, since this is a subject of high relevance from a commercial standpoint and Brazil, as an important market player, is expected to enact a strong data protection framework, assuming its leading role in Latin America. Send this content by email.

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