Omar Bennett
The Privacy Act of 1974, as amended to present, protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying numbers or symbols. The act binds only federal agencies and covers records under the control of federal agencies. Personal information includes a broad range of information or opinions that could identify an individual. This includes sensitive information such as personal health data, financial data, creditworthiness data, student data, and biometric data. Various US federal laws protect certain areas of personal information, such as the Children's Online Privacy Protection Act (COPPA) and the Health Insurance Portability and Accountability Act (HIPAA).
| Characteristics | Values |
|---|---|
| Identifying information | Name, social security number, or other identifying numbers or symbols |
| Protected by the Privacy Act | Personal information of the sort protected by the Privacy Act is less likely to be required to be disclosed |
| Definition of personal data | Any information that is linked or reasonably linkable to an identified or identifiable natural person |
| Sensitive information | Social Security number, driver's license, state identification card, passport number, account log-in, financial account information, debit or credit card number, racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, union membership, contents of mail, email, and text messages |
| Personal health data | Health Insurance Portability and Accounting Act (HIPAA) |
| Personal banking information | Gramm Leach Bliley Act (GLBA) |
| Personal credit information | Fair Credit Reporting Act (FCRA) |
| Personal information collected online from children under 13 | Children's Online Privacy Protection Act (COPPA) |
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What You'll Learn
Personal data vs de-identified data
Personal data is any information that can be used to identify an individual, such as their name, social security number, or other identifying numbers or symbols. This includes data such as medical records, financial information, and online browsing habits. Under data privacy laws like the CCPA, GDPR, and the Virginia Consumer Data Protection Act (CDPA), personal data is defined as any information that is linked or reasonably linkable to an identified or identifiable individual.
De-identified data, on the other hand, is data that has been processed to prevent the identification of individuals. This is typically done by removing or masking personal identifiers such as names, addresses, and dates of birth. De-identification is an important process for protecting privacy and is commonly used in fields such as communications, multimedia, biometrics, and big data. It allows for the reuse and sharing of data with third parties without compromising individual privacy.
The process of de-identification can be complex and may involve multiple steps. Direct identifiers, such as social security numbers and passport numbers, are unique to a single individual and are thus easier to identify and remove. Indirect identifiers, such as height, ethnicity, and hair colour, are not unique on their own but can be used in combination to identify an individual, requiring more sophisticated methods like quantitative analysis and data generalization to reduce the risk of re-identification.
HIPAA, the US law governing the privacy and security of health information, provides two methods for de-identifying data: Safe Harbor and Expert Determination. Safe Harbor requires the removal of 18 types of identifiers, while Expert Determination employs quantitative methods to lower the risk of re-identification. However, even de-identified data may not be completely anonymous, and there is an ongoing debate about whether data that can be re-linked to an individual should be considered de-identified.
In conclusion, personal data is any information that can be used to identify an individual, and its protection is governed by various laws and regulations. De-identified data is data that has been processed to remove personal identifiers, making it more difficult to trace back to an individual. This process is important for maintaining privacy and facilitating data sharing while complying with privacy laws.
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Personal data and minors
Personal information is defined as any data that can be used to identify an individual. This includes information such as a person's name, social security number, or other identifying numbers or symbols. Under data privacy laws, personal information is protected by various laws and regulations, such as the General Data Protection Regulation (GDPR) and the Children's Online Privacy Protection Act (COPPA).
COPPA is a federal privacy law in the United States that specifically protects the privacy of children under the age of 13. The Act requires operators of websites or online services directed at children under 13 to obtain parental consent before collecting or using any personal information from these users. This includes information such as names, email addresses, and geolocation data. COPPA also applies to operators who have actual knowledge that they are collecting personal information online from a child under 13, even if the website or service is not specifically directed at children.
In addition to COPPA, some states have enacted their own comprehensive consumer privacy legislation that incorporates COPPA through parental consent and sensitive data processing requirements. For example, New Hampshire, New Jersey, and Maryland have imposed additional restrictions on the processing of minors' personal data for targeted advertising, sales, and profiling. These states have also introduced Age Appropriate Design Codes (AADC) to further protect minors' privacy.
Furthermore, Utah has updated its social media law with two new minors' privacy acts. The revised law requires social media companies to implement an "age assurance" system with 95% accuracy and obtain parental consent before certain functions are available to minor users. The law also establishes default settings for minor accounts, including data collection restrictions and harmful content restrictions.
Overall, the protection of minors' personal data is a key focus of privacy legislation at both the state and federal levels. With the ever-evolving nature of technology and the increasing amount of personal information shared online, it is crucial to have safeguards in place to protect the privacy of minors and ensure their personal data is not misused or exploited.
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Health data
The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other individually identifiable health information, collectively referred to as "protected health information". It requires appropriate safeguards to protect the privacy of this information and sets limits and conditions on its use and disclosure without an individual's authorization.
The Privacy Rule does not require accounting for disclosures for treatment, payment, or healthcare operations. However, it permits covered entities to disclose protected health information in two situations: to individuals (or their personal representatives) when they request access to or an accounting of disclosures of their protected health information; and to the Department of Health and Human Services (HHS) when it undertakes a compliance investigation, review, or enforcement action.
Covered entities are permitted, but not required, to use and disclose protected health information without an individual's authorization for the following purposes: treatment, payment, healthcare operations, public interest and benefit activities, and limited data sets for research, public health, or healthcare operations.
HIPAA also requires covered entities to maintain their privacy policies and procedures, privacy practices notices, disposition of complaints, and other relevant actions and activities for at least six years.
In addition to HIPAA, other federal and state privacy laws, such as 42 CFR Part 2 and Title 10, require healthcare providers to obtain patients' written consent before disclosing their health information, even for treatment. These laws protect sensitive health information, such as behavioral health, HIV/AIDS status, mental health, and substance abuse.
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Financial data
In the United States, financial privacy is governed by a combination of federal and state laws. The Gramm-Leach-Bliley Act (GLBA), for instance, safeguards personal banking information. The GLBA mandates financial institutions to implement privacy policies and inform customers about the circumstances under which their financial information may be shared with unaffiliated third parties. Customers must also be given an "opt-out" option to prevent the disclosure of their private information.
The Right to Financial Privacy Act (RFPA) is another federal law that regulates the government's ability to access nonpublic consumer financial information. Under the RFPA, government agencies must obtain customer consent or present a subpoena or search warrant before accessing financial records. The RFPA covers traditional bank credit card issuers, retailers, and other merchants that issue their own credit cards.
At the state level, the California Privacy Act (CCPA) and the California Consumer Privacy Act (CCPA) provide stricter protections for consumer information. The CCPA sets requirements to regulate and limit the sale of personal information, while the California Consumer Privacy Act protects the personal information of California residents. Companies selling personal information must obtain consent from minors under 16 or parental consent if the minor is under 13.
Financial institutions are required to take steps to protect the privacy of consumers' finances under federal and state laws. The Financial Privacy Rule, for instance, governs how financial institutions can collect and disclose customers' personal financial information. Additionally, the Safeguards Rule mandates that all financial institutions maintain safeguards to protect customer information. These rules aim to prevent unauthorised access to consumers' financial data and ensure the secure handling of sensitive financial details.
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Biometric data
Personal information is protected by various data privacy laws, such as the Children's Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accounting Act (HIPAA), and the General Data Protection Regulation (GDPR). These laws safeguard personal data, including information that can be used to identify an individual, such as their name, social security number, or other unique identifiers.
In the United States, the Illinois Biometric Information Privacy Act (BIPA) is a pioneering law enacted in 2008 to regulate the collection, use, and handling of biometric data by private entities. BIPA requires entities that collect and store biometric data to obtain informed consent from individuals and provide clear disclosures about their practices. The law also grants individuals the right to take legal action if their biometric information is collected or disclosed without their permission. BIPA has served as a model for other states, with Texas and Washington also implementing similar biometric privacy laws.
Additionally, municipalities like New York City and Portland, Oregon, have enacted tailored biometric privacy measures, further emphasizing the importance of safeguarding this sensitive form of personal information.
The protection of biometric data is a growing trend in privacy legislation, and it is likely that more jurisdictions will continue to introduce laws to address this unique and vulnerable aspect of personal information.
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Frequently asked questions
Personal information includes a broad range of information that could identify an individual. This includes information such as name, contact information, government IDs, biometrics, genetic data, location data, account numbers, education history, purchase history, and more.
Sensitive personal information includes information such as social security numbers, driver's license numbers, passport numbers, financial account information, racial or ethnic origin, religious or philosophical beliefs, health or medical data, and more.
Several laws protect personal information, including the Children's Online Privacy Protection Act (COPPA), Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), and the General Data Protection Regulation (GDPR).
Individuals can protect their personal information by using strong passwords, enabling two-factor authentication, and being aware of the types of data collected by websites and apps. They can also exercise their rights under privacy laws, such as objecting to certain types of data collection.
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