Legislations About Privacy Outside The Eea

Published Date: 02 Nov 2017

Components

As every person that occupies with computer science or something associated with that, is aware of, nowadays data are valuable and easily accesible through many ways. A person getting illegal access to data of an other person vilates that person’s rights for privacy. Restricting access to valuable data is of critical value. Not only personal benefits but also econimic benefits can force a person or a company to the need to get access to data of significant value to the right user. Specific data can me useless to a specific person or company but it might be extremely valuable to another person or company, or a person that knows how to use it. That is the reason that legislations have ben created throught the world to avoid vilating peoples rights for privacy.

Definition of law for privacy

Before starting investigating the different legislations around the world about privacy we need to know how the law defines privacy. Privacy is an ellusive concept but is very important for every individual. An individuals right for privacy is acknowledged in many international agreements. So the definition from Article 12 of the Universal Declaration of Human Rights and Article 17 of the United Nations International Covenant on Civil and Political Rights is the following: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

Eu/uk legislation

The Eu/Uk legislation tries to take into account the individual’s rights and make it not possible to break the freedom of the individuals and respect their privacy while protecting them. So, it restricts data proccessing. However the increase of scientific development has created the need for stricter legislation. When a completely new problem comes along, the legal mind is often paralysed for a time. There are eight principles of the Eu/Uk data protection act:

Personal data shall be processed lawfully and fairly. In fact their procession is restricted unless there is at least one condition in other principles that are stated below, that makes the proccesion legal.

Personal data is restricted to be obtained and can only be obtained for at least one specified and lawful purpose. However it is not legal to be processed further than any of the reasons or purpose that it was planned to in the first place.

Aquired personal data shall not be excessive and be relevant and adequate in relation to the purposes or reasons for which they are aquired to be processed.

Kept personal data must be up to date, where there is necessary and must be accurate.

When personal data are processed for any reasons or purposes, they must not be kept longer than the time that is needed to be processed for the reasons or purposes of their procession.

The personal data to be processed must be processed according to the rights of the owner of the data as the Act states.

Accidental loss, destruction, or damage to, personal data and unlawful or unauthorised processing of personal data will face the appropriate organizational and technical measures

Kept personal data must not be transferred to a country or region outside the European Economic Area if that country or region does not have an equal or not advanced level of protection of individual rights for privacy and freedom and the protection of their personal data in general.

Apart from these principles there are some exceptions to the right to aquire and process personal data. These exeptions lie incomplex rules and legislations but effort has been made to make it less misleading and more understandable.

General reasons for introducing a legislation

Introducing such a legislation is vital for both our community and businesses. Even if we can not say exactly how well the legislation works for both individuals and businesses, the law is focused more on personal data protection.

Legislation protecting individuals

The data protection act make people safer and also feel safer while they use computers. Their data are more secure and when there is the need to use these data for their own good, the data are available for proccesion. On the other hand if there is something suspicious the law makes it possible to proccess the already colected data for the good of all of us and can be used for justice. Of cource data will not be even shown for minor issues the law indicates, so thereis no need for the individuals to worry about their privacy.

Legislation in businesses around the world

As far as the businesses are concerned, it is dificult for businesses to colect data valuable for the operation of the businesses because of the complex legislation. Also there are fines for businesses that do not comply to the legislation and override the rights of individual data protection. This is why companies and businesses need to be careful of their behaviour with customers and what data the company or business colects from them.

Legislations about privacy outside the EEA

Around the world different countries have different legislation about data protection. Some others have no legislation about data protection even if the have a legislation about basic individual rights. The european community has the legislation about basic individual rights, privacy and data protection and all of them are of high standards. Some examples of other parts of the world are the following:

The constitution of brazil has no data protection law even if it recognises the right to privacy

Canada's Privacy Act that was passed in 1982 and tabled in Parliament, covers the federally regulated private sector including banking, telecommunications and transport. Regulating the whole private sector is possible only if the provinces follow suit. The proposed law is based on the Canadian Standards Association's (CSA) Model Code for the Protection of Personal Information, and it would help Canada to meet the EU's level of data protection.

The China’s Ministry of Public Security adopted Regulations on the Security and Management of Computer Information, Networks and the Internet on December 30th 1997. These regulations are made to specifically and primarily to prevent the use of the Internet and networks as a tool for harming the security and interests of the state. Organisations and individual network users are also protected from abuse or slander across the net or any actions, which may violate their freedom and privacy. The legislation also applies for network connections between the Peoples' Republic of China, Macao, Hong Kong and Taiwan.

Japan has privacy legislation in the public sector. The Act covers automated data in national government departments. It is based on several data protection principles, but contains a number of exceptions. The guidelines are based on the OECD Guidelines and the Council of Europe Convention. Private sector legislation is being considered, and there are bilateral talks in progress with the EU with regard to transborder flows and adequacy.

In russia, the law of the russian federation on Information, Informatisation and Information Protection was passed in January 1995. Even if it was not a strict data protection legislation, it recognises many data protection rights. Although it is similar to European data protection legislation some of its laws have wider terms about privacy and it is agreed that further investigation about them is needed.

Affectance DPA legislation in businesses worldwide

Companies around the world have found dificulty in cooperating and exchnging data. A company within an area with more advanced or strict legislation about data protection will not be able to send data to a company within an area with simpler or no legislation about data protection, no matter the importance of the data.needed to be sent. One example is the european area. Businesses inside the europeian area can not cooperate with businesses from other parts of the world with inferior legislation about data protection because the european legislation prohibits it. For this reason arrangements and cooperations between companies is more difficult and sometimes the are never made. However the prohibition of data transfer is for the grater good for all of us.

Computer science and effectiveness of DPA legislation

Computer science evolves rapidly and the capabilities are growing more and more. The interface of all machines is getting better and more user friendly. We have access to faster internet connections. These are some examples of the benefits that the individuals enjoy. Also there are negative aspects like hacking. Data can be taken from an individual by confusing interface. It might be designed to be confusing for the user or lack of programing or designing skills from the programmer or designer. Because of the increase of the capabilities of computers and the evolution of programming, hacking has become an issue and an individual has to find ways to protect itself. Also gadgets like micro-cameras and microphones are in the evolution progress to and become better and smaller. That way it is easy to collect personal data if the victim is not careful enough. So the legislation protects our privacy and our data, but there are ways that others can violate our right for privacy because of the evolution of technology.

Conclusions

In conclusion, there are different legislations around the world that make it difficult for companies to cooperate if they are in areas with different legislation. There are also grey-scale areas in the legislation, no matter how advanced and strict the legislation is and rights to privacy and data protection are not always totally protected. The advanced technology and the constant evolution of computer science in general created the need for strict legislation for data protection. Businesses should be aware of the laws no matter the kind of the company because individuals will always be involved or what area they are in. The problem of data protection and right toprivacy will always exist and there will e always grey-scale areas that will make it possible for someone to violate our rights either if he wants to or by accident. It is up to us to be careful and know our rights, know the legislation and the differences around the world even we use it for business purposes and try not to break the law by accident, or for our protection.