The US And How It Views Personal Data Protection

By Frank Sanders

Personal data protection and what it means if the US can present more than a few surprises to people living in the United States who mistakenly believe that the adherence to a right to privacy in the country somehow transfers over to personal data that is collected or used online. In fact, there is a large amount of personal data that can be accessed by just about anyone, which is a disconcerting fact.

At present, data privacy is neither assured nor very well legislated or regulated in the US. There are, in fact, a great many people or organizations that can require or use or obtain a credit report when a person goes to apply for a job or purchase an automobile or the like. Also, the US has no single controlling authority when it comes to regulating data collection or usage.

It is a fact that the storage, use and acquisition of personal data are greatly affected by this condition. It should serve to cause a great deal of concern that anyone troubling themselves enough to enter in personal data on anyone will be considered to be the owners of that online data when it comes to storing and using it even if no one gave permission for that data to be stored or collected.

It is also the case that the existing laws -- such as the Health Insurance Portability and Accountability Act -- actually are structured more along the lines of taking steps to ensure the smooth flow of personal data that was collected rather than the institution of vigorous protective mechanisms to make sure the data that was collected is sufficiently protected from theft or unauthorized usage.

And even though the United States Supreme Court recognized in a landmark decision that there existed within the Constitution and Bill of Rights a defined right to privacy is also the case that only a few states actually recognize an individual right to privacy. The lone exception seems to be California, which values individual privacy ahead of much of anything else.

As far as the things that are done to protect data privacy when it has been collected and entered into an information system, there are certain tools available and which are known as "privacy enhancing technologies" (PET) that can help. Collectively, they consist of applications, mechanisms and computer tools that allow a user to protect his or her online privacy fairly efficiently.

Examples of such privacy enhancing technologies include communication anonymizers that work to hide actual online identity and replace it with a non-traceable identity. This includes the use of one-time or disposable e-mail addresses, random IP addresses, pseudonyms etc. That can be applied to e-mail networks, chat rooms and instant messaging systems, to name just a few examples.

As far as the implications for personal data protection in the United States, it should serve as a reminder that as increasing numbers of people begin making use of online mechanisms and other tools that exist in cyberspace in need will become greater than ever to ensure strong privacy exists. This includes strengthening laws that can work to help eliminate the possibility of personal data theft. - 29955

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