In the United States, the issue of personal data protection is becoming increasingly important amidst the rapid development of technology and the growing volumes of data processing. A distinctive feature of the US approach to data protection is its fragmented nature, based on a combination of federal and state laws, as well as regulatory acts covering various economic sectors.
COPPA, enacted in 1998, regulates the collection and use of personal data from children under the age of 13. It requires website operators and online services to obtain verifiable parental consent before collecting, using, or disclosing children's personal information.
HIPAA, enacted in 1996, sets standards for the protection of the privacy and security of medical information. The law regulates the use and disclosure of protected health information (PHI) by healthcare providers, insurance companies, and other organizations providing medical services.
FCRA, enacted in 1970, governs the collection, dissemination, and use of consumer credit information. The law ensures the accuracy, fairness, and privacy of information in the files of credit reporting agencies.
GLBA, enacted in 1999, requires financial institutions to protect the privacy and security of their customers' personal data. The law mandates the development of privacy policies, the protection of information systems, and the limitation of third-party disclosure of personal data.
CCPA, which took effect on January 1, 2020, is one of the strictest privacy laws in the USA. The law grants California residents a range of rights regarding their personal data, including the right to know what data is being collected, the right to request data deletion, the right to opt-out of data sales, and the right to access collected data.
VCDPA, effective January 1, 2023, grants Virginia residents the right to access their personal data, correct inaccuracies, delete data, and restrict data processing for targeted advertising purposes.
The FTC is the primary federal agency responsible for consumer protection and regulating personal data processing practices in the USA. The FTC uses its authority under the Federal Trade Commission Act to investigate cases of unfair or deceptive data processing practices that violate consumer rights.
Personal data protection in the USA is based on a combination of federal and state laws regulating various aspects of data processing. Although there is no comprehensive federal data protection law, existing regulations provide some level of protection and grant citizens rights regarding their personal information. However, with the rapid development of technology and the increasing volumes of data processing, the need for a more cohesive and comprehensive approach to personal data protection is becoming increasingly relevant.
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Serhii Floreskul
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Violetta Loseva
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