Parry Aftab, Esq.,
The Privacy Lawyer
managing cybercrime, privacy and cyber-abuse risks

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Check out Parry's Blog on Internet Safety , and download her Podcast to your iPod from iTunes.com or the MP3 files

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Privacy Laws

Privacy laws differ around the world. Some laws formalize cultural and societal preferences, such as laws in Germany outlawing Nazi and hate content. Others are adopted to catch-up to privacy abuses, such as COPPA (The "Children's Online Privacy Protection Act") in the United States responding to websites marketing to children and putting their personal information and safety at risk. In Europe the governments are trusted more than commercial entities with information. Their laws reflect that bias. In the United States our laws, at least until September 11th, reflected the opposite. Most laws permitted commercial and private use of information, but precluded use and sharing by governmental agencies. In the United States, the adoption of The PATRIOT act amended many other privacy laws.

In the United States, Parry classifies privacy laws into three categories: Kid, Cash and Kidneys. Most privacy laws fall into one of these categories, children's privacy, financial privacy and health privacy. To read Parry's PowerPoint presentation she presented to Hewlett Packard privacy professionals, click here. Note that while you are welcome to read and enjoy our materials, including the PowerPoint, these are copyrighted and may not be used with Parry's consent.

The U.S. has been criticized for not valuing personal information and data enough. It has created serious problems between the U.S. and European Authorities and continues to be the cause of trade and information security disputes. But U.S. laws on privacy are most extensive and pervasive than most people understand. They are often included in other laws, rather than standing on their own as "privacy legislation." This makes it harder for non-privacy practitioners and for business and technology managers to "go it alone." And even when they can locate the legal provisions, a rose is not always a rose when laws are concerned. For example, "collection" under COPPA doesn't just refer to information "collected" from a child under 13 years of age. It also includes any information the child can possibly and technically shared with anyone else online, such as through chatrooms, message boards and messaging technologies like e-mail and instant messaging. But an understandable mistake isn't so understood by the FTC or other privacy enforcing authority.

You may want to review our Workplace Privacy and COPPA pages while we construct this new page for our site.

 

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Last modified: 02/04/07
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