The New Era of Data Privacy Laws

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Presented by

Kristy D. Nelson, MBA/Paralegal, Founder and Executive Research Consultant | E.G.S. Management Inc.

About this talk

The US data privacy laws in the US are shifting from a "harms-prevention-based" approach to a "rights-based approach exemplified by the European Union's General Data Protection Regulation (GDPR). Following California's lead, four other states, including Colorado, Connecticut, Utah, and Virginia, will begin enforcing new GDPR-inspired statutes in 2023. The shift in the philosophical framework will have profound implications for data privacy protection. The US has historically allowed businesses and institutions to collect personal information without consent while regulating those uses to prevent or mitigate harm in specific sectors. The EU, on the other hand, has long pursued a rights-based regime for protecting personal information, which holds that data privacy is a fundamental human right. This has roots in Europe's history of suffering through the infamous data collection of the Nazis and the similar collection of data by the formerly communist East Germany's secret police. The GDPR, which became enforceable in 2018, codified several key principles reflecting the Europeans' human rights philosophy. The new laws will be applicable to specific industries and types of institutions and will impose restrictions on industries and institutions regarding their handling of personal information. More states are likely to follow the GDPR in the coming years. This webinar entails to: - Introduce the market drivers of the US privacy laws industry and their roles. - Illustrate the shift in the philosophy underlying data privacy laws in the US. - Comparison of the US "harms-prevention-based" approach vs the European Union's approach is more rights-based. - Summary of the EU ‘s General Data Protection Regulation (GDPR), which became enforceable in 2018. - Understanding how the principles reflected in the new data privacy framework will have profound implications in the years to come.
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