Critical Data Privacy Laws to Know for Data Journalism

Understanding critical data privacy laws is essential for data journalism. These laws, like GDPR and CCPA, shape how personal information is collected, used, and protected. They empower individuals and hold organizations accountable, ensuring ethical data practices in journalism.

1. General Data Protection Regulation (GDPR)

   • Establishes strict guidelines for the collection and processing of personal data within the European Union.
   • Grants individuals rights over their personal data, including the right to access, rectify, and erase their information.
   • Requires organizations to obtain explicit consent from individuals before processing their data.
   • Imposes heavy fines for non-compliance, up to 4% of annual global turnover or €20 million, whichever is higher.
   • Mandates data breach notifications within 72 hours to affected individuals and authorities.

2. California Consumer Privacy Act (CCPA)

   • Provides California residents with the right to know what personal data is being collected and how it is used.
   • Allows consumers to request the deletion of their personal information held by businesses.
   • Grants the right to opt-out of the sale of personal data to third parties.
   • Requires businesses to disclose their data collection practices in a clear and accessible manner.
   • Imposes penalties for violations, including fines and potential lawsuits from consumers.

3. Health Insurance Portability and Accountability Act (HIPAA)

   • Protects the privacy and security of individuals' medical records and other personal health information.
   • Establishes standards for electronic health care transactions and national identifiers for providers, health plans, and employers.
   • Requires healthcare providers to implement safeguards to protect patient information from unauthorized access.
   • Grants patients rights to access their health information and request corrections.
   • Enforces penalties for breaches of patient privacy, including civil and criminal penalties.

4. Family Educational Rights and Privacy Act (FERPA)

   • Protects the privacy of student education records and gives parents rights regarding their children's records.
   • Allows eligible students to access their education records and request amendments.
   • Requires educational institutions to obtain written consent before disclosing personally identifiable information from education records.
   • Provides exceptions for certain disclosures, such as to school officials with legitimate educational interests.
   • Imposes penalties on institutions that fail to comply with FERPA regulations.

5. Children's Online Privacy Protection Act (COPPA)

   • Requires websites and online services directed at children under 13 to obtain parental consent before collecting personal information.
   • Mandates clear privacy policies that explain data collection practices and parental rights.
   • Gives parents the right to review and delete their child's personal information.
   • Imposes strict requirements on the handling and protection of children's data.
   • Enforces penalties for violations, including fines and potential legal action.

6. Electronic Communications Privacy Act (ECPA)

   • Protects the privacy of electronic communications, including emails and phone calls, from unauthorized interception.
   • Requires law enforcement to obtain a warrant to access stored electronic communications.
   • Establishes guidelines for the disclosure of electronic communications by service providers.
   • Provides limited exceptions for emergencies and national security.
   • Enforces penalties for unauthorized access and disclosure of electronic communications.

7. Fair Credit Reporting Act (FCRA)

   • Regulates the collection, dissemination, and use of consumer credit information.
   • Grants consumers the right to access their credit reports and dispute inaccuracies.
   • Requires credit reporting agencies to follow reasonable procedures to ensure maximum possible accuracy.
   • Mandates that consumers be informed when their credit report is used against them.
   • Imposes penalties for violations, including fines and potential lawsuits.

8. Data Protection Act (UK)

   • Governs the processing of personal data in the UK, ensuring compliance with GDPR principles.
   • Provides individuals with rights similar to those under GDPR, including access, rectification, and erasure of data.
   • Establishes the Information Commissioner's Office (ICO) as the regulatory authority for data protection.
   • Requires organizations to appoint a Data Protection Officer (DPO) in certain circumstances.
   • Enforces penalties for non-compliance, including fines and enforcement actions.

9. Personal Information Protection and Electronic Documents Act (PIPEDA) - Canada

   • Governs the collection, use, and disclosure of personal information by private sector organizations in Canada.
   • Grants individuals the right to access their personal information and request corrections.
   • Requires organizations to obtain consent for the collection and use of personal data.
   • Mandates that organizations implement security measures to protect personal information.
   • Enforces penalties for violations, including fines and potential legal action.

10. Privacy Act of 1974 (United States)

    • Regulates the federal government's collection, use, and dissemination of personal information.
    • Grants individuals the right to access and amend their records held by federal agencies.
    • Requires agencies to establish safeguards to protect personal information from unauthorized access.
    • Mandates that agencies provide notice of their data collection practices and the purpose of data use.
    • Enforces penalties for violations, including civil and criminal penalties against individuals who misuse personal information.