The Data Protection Act is an answer due to the increased call for protection of both personal and private information, which may be readily and easily accessible in this digital era. (g) Referrals for criminal proceedings.—If the Agency obtains evidence that any person, domestic or foreign, has engaged in conduct that may constitute a violation of Federal criminal law, the Agency shall transmit such evidence to the Attorney General of the United States, who may institute criminal proceedings under appropriate law. (C) THIRD TIER.—Notwithstanding subparagraphs (A) and (B), for any person that knowingly violates a Federal privacy law, a civil penalty may not exceed $1,000,000 for each day during which such violation continues. The United States has opted for a different approach to data protection. The Data Protection Act of 2020 has been endorsed by leading technology, privacy, and civil rights organizations including: In contrast, under the California Consumer Privacy Act (CCPA) a “consumer” is defined broadly as a “natural person who is a California resident”. A: Many people assume that when the Privacy Act was passed way back 1970s that it protects consumer data in the US. The Data Protection Act (DPA) governs the holding and processing of personal data. Oregon – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. SEC. The Video Privacy Protection Act (VPPA) (18 U.S. Code § 2710 et seq.) Yes, if the recipient is within the United States. The U.S. does not place restrictions on the transfer of personal data to other jurisdictions. 4.1 What are the key principles that apply to the processing of personal data? (PDF provides a complete and accurate display of this text. (iii) RULE OF CONSTRUCTION.—Nothing in this subparagraph shall be construed to limit the authority of the Agency under this Act, including the authority to interpret Federal privacy law. ). Massachusetts, for example, has strong data protection regulations (201 CMR 17.00), requiring any entity that receives, stores, maintains, processes, or otherwise has access to “personal information” of a Massachusetts resident in connection with the provision of goods or services, or in connection with employment, (a) to implement and maintain a comprehensive written information security plan (WISP) addressing 10 core standards, and (b) to establish and maintain a formal information security programme that satisfies eight core requirements, which range from encryption to information security training. (4) Privacy protections not only protect and benefit the individual, but they also advance other societal interests, including the protection of marginalized and vulnerable groups of individuals, the safeguarding of other foundational values of our democracy, such as freedom of information, freedom of speech, justice, and human ingenuity and dignity, as well as the integrity of democratic institutions, including fair and open elections. 2. The CFPB can initiate administrative adjudication enforcement actions against potential violators. (1) IN GENERAL.—This subsection shall apply to any covered entity that satisfies one or more of the following thresholds: (A) The entity has annual gross revenues that exceed $25,000,000. (2) COVERED ENTITY.—The term “covered entity” means any person that collects, processes, or otherwise obtains personal data with the exception of an individual processing personal data in the course of personal or household activity. 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