What Is The Difference Between EU and US Privacy Laws?

  • 2022-06-27

It is more important to have a look over the various privacy laws of the country. Therefore, while staying in Europe and USA, if you are looking for the US vs EU privacy laws, then this would be the best informative piece for you. Therefore, let’s check out the following segments discussing what is the difference between EU and US privacy laws!

So, what are you waiting for? Let’s dive in!!

What Is The Meaning Of Privacy Law?

Before looking at the privacy laws by Europe as well as USA, why not let’s get a quick sneak peek over what actually is the meaning of privacy law! Therefore, let’s get started!!

Well, according to the Georgetown Law, the privacy laws refer to the laws that regulate the data security with the storage, collection as well as the utilization of the personal information. 

Moreover, it showcases the authority of the citizen to preserve the personal data or the information of the used content. Along with this, did you know that these laws might hold the government or the private companies and also continue the general issues related to privacy? 

Additionally, it might modulate the peculiar types of the information like telecommunication privacy, financial privacy, health privacy and education privacy.

So, having the technical or the technology background could be accommodating. But, this is not required in order to become a privacy lawyer.

According to The George Washington University Law School, the emergence to preserve information privacy has taken the eyes of the government. Therefore, the laws have been made to protect the same as the criminal law, constitutional law, common law torts or the evidentiary privileges. 

Hence, at least federal statues numbered 20 along with the various statues are created in each fifty states. Along with this, it is a fact to keep in mind that technology is playing a major role in the outgrowth of privacy laws. 

After looking at the gist of the privacy law, here is a time to dive in a bit more to understand the EU privacy laws vs US  privacy laws. 

EU Privacy Laws

Here is a time to discuss the European privacy laws. Well, the European Union has enforced the GDPR, which is General Data Protection Regulation to come into effect on May 25, 2018. This was said to be the legal model for the data protection as well as the privacy for every state that is a member of the EU.

The goal of GDPR has always remained the same, that is providing the data privacy legislation to the citizens.

So, the tortuous legislation has impacted the businesses likewise that trade with the European Union and also featured the touchstones to secure the abidance by considering the fines of up to 4% of the annual global turnover or €20 million, whichever is more. 

The purpose of the GDPR was to assist the sensitive data of the citizens of the European Union and also give them the improved control over how it is regained as well as utilized. 

Along with this, the requirements consider the hold of the data transfers over the cross border along with the right to the citizens to have the data that has been canceled earlier. 

Did you know

The firm which is not set up in the European Union might have to abide by the regulation whenever processing personal data, collection, or information of the European Union or EEA residents. The EEA countries include: Lichtenstein, Switzerland as well as Norway. 

US Privacy Laws

Unlike the EU’s GDPR, the USA has opted for another approach for data protection that is unique to other countries. 

Hence, rather than developing the all encompassing rule like that of GDPR by the European Union, the United States preferred to enforce the sector specific privacy as well as data protection regulations that work collectively with the state laws for protecting the data of the American citizens. These are as follows: 

1. So, the publication NIST 800-171 released by National Institute of Standards and Technology has proposed that it is important in the non-federal information systems as well as organizations to protect Controlled Unclassified Information or CUI.

2. Moreover, HIPAA refers to the Health Insurance Portability and Accountability Act which is a collection of the standards that has produced for procuring the PHI or Protected Health Information by simply adjusting the healthcare providers. 

3. Along with this, the GLBA or GLB Act known as Gramm Leach Bliley Act is also considered as the 1999’s Financial Modernization act. It basically attempts to assist the personal information of the consumers that is put into the financial institutions. 

Did you know

The EU-US Privacy Shield Framework has been designed by the US Department of Commerce along with the European Commission.

Well, privacy always remains absent from the debate and only comes to the separate as well as segmented privacy laws. Whereas the US legislation has always directed the importance of private records along with data security. 

Hence, the privacy laws are further implemented by the governmental bodies like FCC which is Federal Communication Committee, along with the privacy organizations like EFF Electronic Frontier Foundation or ACLU which is American Civil Liberties Union

If you are facing the trouble and also feel that the Right to Privacy has been affected, then you could simply visit the Successful Lawyer that can provide the efficient solutions to your problem. 

Summing Up

Well, the European Union and the United States take various approaches for data security. The US also prefers a bottom up approach, indicating the state's rights in governing, whereas EU like top down that matches the intergovernmental as well as supranational policies. 

Moreover, the EU has encompassing overarching legislation as well as has made the protection of the data a higher priority. Whereas, the USA has taken a bit by bit approach without across the board regulations and rules.

To better understand the US Laws, simply proceed with Lawrina that will provide in depth knowledge on the laws.