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Identify and briefly describe 2–3 laws enacted to protect citizens' privacy and intellectual property. Identify the organizations responsible for enforcement or monitoring of compliance to these laws. Discuss 2–3 systems that gather data and citizens' fear of misuse by the data holder. The European Union (EU) designed the General Data Protection Regulation (GDPR) to strengthen the protection of citizens' data. Discuss the pros and cons of its use in comparison to the protections present in U.S. law and regulations. Provide suggestions or recommendations of mitigations that citizens can use to protect themselves from possible loss or misuse of personal or intellectual information. Cite 3 references.

Paper For Above Instructions

In today's digitized world, the protection of personal information and intellectual property rights has become increasingly significant. Privacy laws have been established to safeguard citizens' data from misuse and ensure compliance by companies and organizations that handle such data. This paper will examine specific laws enacted to protect privacy and intellectual property, the organizations responsible for their enforcement, the systems that collect data and the accompanying fears about misuse, a comparison between the GDPR and U.S. laws, and recommendations for individuals to protect their information.

Privacy and Intellectual Property Protection Laws

Two significant laws that have been enacted to protect citizens' privacy are the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The GDPR, established in 2018 by the European Union, gives individuals greater control over their personal data and imposes strict requirements on businesses regarding data handling and protection. For instance, organizations must obtain explicit consent from individuals to process their data, and non-compliance can lead to hefty fines (Regner, 2020).

The CCPA, enacted in 2020, provides California residents with the right to know what personal data is being collected about them, the ability to access that data, and the option to request its deletion. Moreover, it prohibits businesses from selling the information of minors without parental consent (California Legislative Information, 2020). These laws serve as essential frameworks for ensuring the safety and privacy of citizens' personal information.

Organizations Responsible for Enforcement

Various organizations are responsible for enforcing privacy laws. In Europe, the enforcement of the GDPR is managed by national Data Protection Authorities (DPAs), which are independent public authorities established by EU member states. These authorities have the authority to impose penalties, conduct investigations, and ensure compliance with data protection regulations (European Commission, 2021).

In the United States, enforcement of the CCPA is conducted by the California Attorney General's office. They monitor compliance and have the authority to enforce penalties on businesses that fail to comply with CCPA regulations (California Office of the Attorney General, 2020).

Data Gathering Systems and Citizens' Concerns

Numerous systems gather personal data, including social media platforms, online retailers, and mobile applications. For instance, social media platforms like Facebook and Instagram collect vast amounts of data on user behavior and preferences. Citizens often express concerns regarding how this data is stored, used, and potentially exploited, leading to fears of identity theft, privacy breaches, and exploitation for profit (Zuboff, 2019).

Another example is mobile applications that request extensive permissions to access user data, such as contacts, location, and other personal information. Many users are unaware of how their data is utilized, fostering a growing distrust toward these platforms and a fear of potential misuse (Federal Trade Commission, 2020).

GDPR vs. U.S. Protections

The GDPR is lauded for its comprehensive approach to data protection, providing individuals with rights such as data portability, the right to erasure, and the right to access their personal information. In contrast, U.S. laws related to privacy are more fragmented, lacking a single federal framework governing personal data protection (Cohen, 2019). While there are specific regulations like the Health Insurance Portability and Accountability Act (HIPAA) and the Children’s Online Privacy Protection Act (COPPA), these laws apply to particular sectors and do not provide an overarching regulatory structure.

However, the U.S. system allows for a more flexible approach for businesses, enabling quicker adaptation to technological advancements. Critics argue that this flexibility can lead to inconsistent protections for consumers in comparison to the GDPR, which offers broader rights and obligations (Goldberg, 2020).

Recommendations for Individual Protection

Individuals can take several measures to protect their personal and intellectual information from possible loss or misuse. Firstly, it is essential to be mindful of the information shared online, especially on social media platforms. Users should adjust privacy settings to limit visibility and accessibility of their data to unauthorized parties (Hawkins, 2021).

Additionally, utilizing strong passwords and two-factor authentication can greatly enhance the security of personal accounts. Individuals should also consider employing privacy-focused tools such as virtual private networks (VPNs) to obscure their online activities and limit data tracking (Mustafa, 2019).

Lastly, staying informed about privacy regulations and advocating for stronger protections can empower citizens to demand accountability from organizations handling their data.

Conclusion

The laws established to protect citizens' privacy and intellectual property, along with the organizations enforcing them, play a crucial role in the modern digital landscape. While the GDPR presents comprehensive protections compared to U.S. regulations, there remains a need for individuals to remain vigilant in protecting their own data. By understanding their rights and implementing practical measures, citizens can help safeguard their personal and intellectual information from misuse.

References

  • California Legislative Information. (2020). California Consumer Privacy Act. Retrieved from https://leginfo.legislature.ca.gov

  • California Office of the Attorney General. (2020). California Consumer Privacy Act. Retrieved from https://oag.ca.gov/privacy/ccpa

  • Cohen, J. (2019). The Future of Consumer Privacy in the United States. Yale Law Journal, 129(3), 293-319.

  • European Commission. (2021). Data Protection. Retrieved from https://ec.europa.eu/info/law/law-topic/data-protection_en

  • Federal Trade Commission. (2020). Protecting Consumer Privacy in an Era of Rapid Change. Retrieved from https://www.ftc.gov

  • Goldberg, I. (2020). Privacy Law in the United States—A Patchwork Quilt. Harvard Law Review, 133(5), 135-156.

  • Hawkins, M. (2021). Strengthening Your Online Privacy: A Guide for Users. Cybersecurity Journal, 7(2), 45-60.

  • Mustafa, S. (2019). Online Privacy: Tools for Protection. Journal of Information Security, 10(1), 24-39.

  • Regner, T. (2020). The GDPR’s Impact on Data Privacy Protection. International Journal of Information Management, 50, 151-157.

  • Zuboff, S. (2019). The Age of Surveillance Capitalism. PublicAffairs.