A new file published in the sectionWirecutterofNew York Timesreveals the flaws in personal data legislation in the United States. We discover a relatively shaky system, where each of the fifty states that make up the country deploys its own laws to protect the privacy of residents. What's more, these texts still come into conflict with those in place at the federal level, that is to say applicable from the Pacific to the Atlantic.
It is therefore difficult to navigate and assert your rights in the event of a dispute. A real risk for all citizens according to Kate Ruane (ACLU*), who considers it possible to “create a better internet, a better world, that better protects privacy“. But to do this, it is at the level of Washington that measures should be taken.
Laws in chaos
In fact, in the United States, dozens of different frameworks make it almost impossible for Internet users to control their personal data. HIPAA, FCRA, FERPA, GLBA, ECPA, COPPA or even VPPA are good examples. The first, forHealth Insurance Portability and Accountability Act, thus covers exchanges with health professionals and FinTechs but in no way concerns the health statistics recorded byan Apple Watch like the upcoming Series 7.
Another scenario: in California, the CCPA (California Consumer Privacy Act) has the backs of the inhabitants of the Golden State but is therefore only applicable within it. When traveling, you must then refer to the laws of other states, such as the VCDPA (Virginia Consumer Data Protection Act)in Virginia or ColoPA in Colorado.
A European plan to the rescue?
To remedy this ambient disorder, associations suggest launching a reform modeled on the GDPR or General Data Protection Regulation. Implemented by the European Parliament in 2016, it now requires companies to better respect the privacy of their users. The result is fines relating to the turnover of the accused.
It was enough for the first investigations to target the kings of tech, Apple and Google,forcing the latter to spend tidy sums on lobbying. Will the Capitol decide to also follow this path, even if it means putting more pressure on the first capitalizations of Wall Street?
*ACLU = American Civil Liberties Union orAmerican Civil Liberties Union
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By : Keleops AG
