Uploaded on Apr 26, 2021
The IT Act appears to be adequate in regards to data theft, it is insufficient in addressing the minute technical intricacies involved in such a crime, leaving gaps in the law and allowing the perpetrators to get away with it. Since this problem affects more than one country and has international implications, we have briefed the countries that have such law and how it works; Which will be covered in two parts.
Data Theft rules and regulations_ Things you should know (Pt.1)
Data Theft rules and
regulations: Things you should
know (Pt.1)
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Issues Faced :
❏ The most serious problem with data theft is its
international nature; for example, systems may be
accessed in the United States, data exploited in China, and
the effects felt in India.
❏ Different sovereignties, jurisdictions, laws, and rules will
come into play as a result of this capacity, which is a
problem in and of itself.
❏ Furthermore, gathering evidence in such circumstances
becomes a problem because conducting an investigation in
three different countries, all of which do not speak the
same language, is nearly impossible, and our cops’ lack of
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Issues Faced :
❏ Another issue is a lack of cooperation between various
investigating agencies and a shaky extradition process.
❏ The most critical of all of these problems is the lack of clear
legislation in the country dealing with this crime, which
means that even though the perpetrator is apprehended, he
can easily get away by using some of our legal loopholes.
❏ Data and IT services provide better protection against data
theft.
❏ We’ve compiled a list of ten data protection laws from
around the world that businesses should be aware of. The
IT Security Standards provide a complete guideline in this
field.
https://faidepro.com/dataandit.php
1. General Data Protection Regulation (GDPR) (EU)
❏The General Data Protection Regulation (GDPR) of the European
Union went into effect on May 25, 2018, and it has had a far-
reaching ripple effect, putting data protection into the public eye
and onto legislative agendas all over the world.
❏GDPR is the most dramatic reform in the data privacy policy in the
last 20 years, offering unparalleled levels of security and
individual empowerment.
❏The European Union’s current data protection policy imposes new
requirements on businesses and organisations to ensure the
privacy and protection of personal data, grants data subjects’
certain privileges, and empowers regulators to demand
transparency demonstrations or even levy fines in cases of non-
comhpttlipasn:c//ef.aidepro.medium.com/what-is-gdpr-3ff0034ff454
1. General Data Protection Regulation (GDPR) (EU)
❏ The GDPR 's main principles include legal, equitable, and
straightforward processing, clear and explicit consent,
mandatory violation notification, the right to access, the
right to be forgotten, and privacy by design and default.
❏ The regulation has extraterritorial application, which
means it extends to all entities that collect and process
personal data of EU citizens, regardless of their location.
https://faidepro.medium.com/what-is-gdpr-3ff0034ff454
https://faidepro.com/dataandit.php
2. The Personal Information Security and Electronic
Records Act (PIPEDA) (Canada)
❏ The Personal Information Security and Electronic
Documents Act (PIPEDA), Canada’s federal data
protection statute, was passed in 2000. The Personal
Information Protection and Electronic Documents Act
(PIPEDA) governs how companies obtain, use, and
report personal and confidential data in the private
sector, among other things.
❏ The legislation is divided into ten fundamental values
that must be followed by companies.
https://faidepro.com/dataandit.php
2. The Personal Information Security and Electronic
Records Act (PIPEDA) (Canada)
❏ The Government of Canada released the Data Privacy
Act, an update to PIPEDA, on November 1st, 2018, in
order to harmonise Canadian standards with those of
the EU’s GDPR. This Act modifies PIPEDA by adding
additional regulations such as consent provisions, data
breach alerts, and a broader scope of implementation.
❏ The Government of Canada announced a 10-principle
Digital Charter and a Discussion Paper detailing plans
to modernise PIPEDA on May 22, 2019.
https://faidepro.com/dataandit.php
3. The California Consumer Privacy Act
(CCPA) (California)
❏ The California Consumer Privacy Act (CCPA), which takes
effect on January 1, 2020, was enacted in response to the
increasing importance of personal data in modern
business practices, as well as the personal privacy
consequences of data collection, usage, and security.
❏ The Golden State’s new data privacy legislation, which
was signed into law on June 28, 2018, provides users
access to and control over personal information collected
online, and it requires businesses doing business in
California to make structural improvements to their
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3. The California Consumer Privacy Act
(CCPA) (California)
❏ Given California’s status as the world’s fifth-largest economy, the
CCPA is expected to have a global effect, similar to the GDPR.
❏ An expanded definition of personal information, new data privacy
protections for California residents, a new statutory damages
system, and new rules when children’s personal data is used are all
main components of the CCPA.
❏ The right to know what data is being collected about them and how
it is being used, as well as the right to have their data erased, are
among the many parallels between California’s new privacy law and
its European equivalent, the GDPR.
❏ However, there are major differences between the two laws,
especially in terms of the extent of implementation and rules
concerning acquiescence.
https://faidepro.com/dataandit.php
4. The Act on Personal Information
Protection (APPI) (Japan)
❏ The Act on Personal Information Protection in Japan
(APPI) was passed in 2003 and went into effect in 2005. It
was substantially revised ten years later, in 2015; the
changes went into force on May 30, 2017, one year ahead
of the EU’s GDPR.
❏ The APPI safeguards individuals’ personal data in Japan
by developing laws for governments and some business
operators to obey in order to secure an individual’s rights
when it comes to collecting and managing personal data.
Whether or not cross-border data transfers occur, entities
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4. The Act on Personal Information
Protection (APPI) (Japan)
❏ In some ways, the APPI differs from the GDPR; the
GDPR offers more rights to data subjects and imposes
tighter rules on organisations that handle personal
data than the APPI.
❏ Following the GDPR, Japan became the first country to
receive an adequacy decision from the European
Commission (EC), ensuring a seamless flow of data
between the EU and Japan as well as facilitating
increased data transfers.
https://faidepro.com/dataandit.php
5. Lei Geral de Proteço de Dados (LGPD)
(Brazil)
❏ Brazil adopted the General Data Protection Law (“Lei Geral
de Proteço de Dados” or “LGPD”) on August 14, 2018,
which will take effect on August 15, 2020. The new data
protection system, which is largely influenced by the
GDPR, sets guidelines for the online and offline collection
of personal data in both the public and private sectors,
regardless of the position of the data processor.
❏ The law seeks to replace and complement current legal
codes, with one of the goals being to bring Brazil’s data
care in line with European standards.
https://faidepro.com/dataandit.php
5. Lei Geral de Proteço de Dados (LGPD)
(Brazil)
❏ Data subjects’ rights (e.g., the right to request access
to their data as well as the right to be forgotten), the
need for data protection officers, data protection
impact evaluations, and data breach alerts are all key
parallels between the LGPD and GDPR.
❏ However, the LGPD goes beyond and beyond
European regulation in many ways, such as legal
bases and mandatory violation notices.
https://faidepro.com/dataandit.php
6. Personal Data Protection Act (PDPA)
(Singapore)
❏ In Singapore, personal data is covered by the Personal Data
Protection Act (PDPA), which was passed in 2012 and went into
effect in 2014. The PDPA is a data security system that governs
the collection, use, disclosure, and storage of personal data for
all private sector organisations.
❏ It respects both individuals’ rights to personal data privacy and
organisations’ needs to obtain, use, and reveal personal data
for legitimate and fair purposes.
❏ The PDPA, like the GDPR, has extraterritorial application and
refers to anyone who does not have a physical presence in
Singapore.
https://faidepro.com/dataandit.php
7. Personal Data Protection Act (PDPA)
(Thailand)
❏ The Personal Data Protection Act (PDPA), Thailand’s first unified
law regulating data protection in the country, was published on
May 27, 2019. By May 27, 2020, organisations gathering and
processing personal data must be consistent with the PDPA.
❏ Thailand’s government has generally taken principles from the
GDPR, with a few tweaks to suit the country’s needs. It did so on
purpose to prove that Thailand has an “adequate” standard of
data security in contrast to the EU.
❏ The PDPA contains a new concept of personal information,
special categories of confidential data, consent provisions for
minors, data subjects’ privileges, extraterritoriality, and limits on
personal data transfers to third countries, among other items.
https://faidepro.com/dataandit.php
7. Personal Data Protection Act (PDPA)
(Thailand)
❏ The PDPA contains a new concept of personal
information, special categories of confidential data,
consent provisions for minors, data subjects’
privileges, extraterritoriality, and limits on personal
data transfers to third countries, among other items.
- To be continued in Pt.2
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