The number of data protection and privacy laws in place globally have increased dramatically over the last decade. According to the latest UNCTAD figures, 137 countries have enacted privacy laws protecting personal data rights of residents. Almost 80% of the world’s population is protected by privacy legislation – around 6.3 billion people.
While historically, data protection laws were isolated within their own jurisdictions, modern legislation applies cross-border. The GDPR, for example, includes provisions for the protection of EU citizens’ personal information (PII) wherever it is processed, beyond the borders of the EU.
This growth in legislation, its cross-border applicability and the legal nuances of each jurisdiction, places a significant burden on organizations to comply. Failure to do so can be costly in both financial penalties and consumer trust.
In this post, we’ll explain the common principles of privacy laws worldwide and the steps organizations can take to streamline compliance through good discovery and data management practices.
Understanding global privacy laws
General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR) remains the benchmark for global privacy legislation. The regulation was introduced in 2018 to protect the personal data of EU residents, and applies to organizations processing this data regardless of their geographical location. The GDPR has been replicated by global nations and US states seeking to establish their own data protection and privacy laws.
Lei Geral de Proteção de Dados (LGPD)
The Lei Geral de Proteção de Dados (LGPD) is Brazil’s primary privacy law, and replicates the principles of the EU’s GDPR. The Brazilian data protection law serves as a benchmark framework for data privacy compliance across the South America continent.
Personal Data Protection Act (PDPA)
Singapore’s Personal Data Protection Act (PDPA) was originally established in 2012 to prevent organizations from storing National Registration Identity Cards in an effort to protect its citizens’ from data breaches. A 2020 amendment expanded the scope of the legislation to include mandatory breach notifications, processing consent and offenses for mishandling of personal data.
Personal Information Protection and Electronic Documents Act (PIPEDA)
The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s primary data protection law. Initially implemented in 2001, the law prevents businesses and organizations from collecting or disseminating Canadian consumers’ data without their consent. A 2018 amendment introduced mandatory breach notification to the Privacy Commissioner of Canada. Like many other data protection regulations around the globe, PIPEDA also gives consumers the right to access their personal information when it’s held by a private organization.
Australia Privacy Act (APA)
The Privacy Act 1988 is the primary data protection and privacy legislation in Australia. The Act aims to promote and protect the privacy of individuals and to regulate the way personal information is used by organizations and government agencies. The APA comprises 13 privacy principles (APPs) that apply to organizations and government agencies that handle personal and sensitive information. Recent amendments have introduced significant penalties for non-compliance and violations of the Act.
The US privacy landscape
Unlike the rest of the world, the US has no federal privacy law. Instead, relying on a patchwork of sector-specific federal legislation and state-level laws.
Federal legislation
Federal laws provide specific privacy protections to health information, electronic personal health information (ePHI) and data of children under the age of 13:
- HIPAA – The Health Insurance Portability and Accountability Act (HIPAA) protects sensitive patient health information from unauthorized disclosure and applies to healthcare providers, insurers and healthcare-related services. The law lays out provider obligations under the HIPAA Privacy Rule and the HIPAA Security Rule.
- HITECH – The Health Information Technology for Economic and Clinical Health (HITECH) Act functions alongside HIPAA specifically enforcing protection of electronic health records.
- COPPA – The Children’s Online Privacy Protection Act (COPPA) applies to education technology providers and providers of services to children under 13 years of age. The Act requires organizations to obtain parental consent to capture and process children’s personal information, and requires the implementation of security controls to protect it.
- FERPA – The Family Education Rights and Privacy Act (FERPA) applies to educational institutions that receive federal funding, and protects the privacy of student records. The law grants parents (for children under 18) and students (aged 18 and over) certain rights relating to their student records.
State-level privacy laws
Driven initially by California with the introduction of the California Consumer Privacy Act (CCPA) in 2018, more than 20 US states have now passed comprehensive privacy laws, including Texas, Colorado, Virginia and Connecticut.
A further eight state privacy laws will come into effect in 2025, including Delaware (DPDPA), Iowa (ICDPA), Nebraska (NDPA), New Hampshire (NHDPA), New Jersey (NJDPA), Tennessee (TIPA); Minnesota (MCDPA) and Maryland (MODPA).
Common privacy principles
While there are differences in privacy laws between national and state legislation, there are some common principles that apply universally.
These include:
- Transparency – organizations must explain explicitly what data they collect and how it will be used, including whether data is shared with third parties, in a clear and easy to find privacy notice. The privacy notice should also explain how consumers can exercise their data privacy rights as well as how to opt out of non-essential data collection.
- Consent – most legislation required informed and explicit permission from consumers before organizations capture and process their information for any reason.
- Data minimization – organizations must collect only the data that is necessary to fulfil the purpose(s) for which consumers granted consent. Data must not be used for other purposes.
- Data security – organizations must implement organizational safeguards and cybersecurity controls to protect consumer information from unauthorized access and disclosure, including cyber-attacks and insider threats.
- Accountability – organizations must be able to demonstrate compliance with privacy legislation and have assigned data protection responsibilities to authorized roles
- Mandatory breach notification – most privacy laws include a requirement that organizations must report any suspected or confirmed breaches of personal data to the region’s data protection authority.
The cost of non-compliance
Each law defines its own enforcement criteria and penalties for privacy rights violations and data breaches resulting from poor data management practices.
In Europe, GDPR breaches can result in fines of up to €20m or 4% of global turnover. Meanwhile, in Brazil, penalties can be issued of up to 2% of company revenue to a maximum of R$50m.
In response to several major data breaches, the country passed the Privacy Penalty Bill in 2022. This bill established a minimum penalty for repeat violations of AU$50m – increasing to 30% of adjusted turnover or three times the value of misused or breached data, whichever is greater.
The costs of non-compliance can reach far beyond financial penalties, however. Organizations rely increasingly on their brand reputation to succeed. Privacy violations and data breaches can cause significant harm, with 75% of consumers saying they would do business elsewhere in the aftermath of a cybersecurity breach.
Achieve privacy compliance with Ground Labs
Ground Labs’ Enterprise Recon simplifies privacy compliance, helping organizations discover, manage and protect personal data across their systems.
Pre-configured with over 300 pre-built patterns covering personal data from more than 50 countries, Enterprise Recon is the industry-leading discovery solution for privacy compliance.
Automated scans can be scheduled to run during off-hours and repeated regularly for continuous monitoring – scanning for PII data wherever it is stored, in structured and unstructured format and across on-premises, email and cloud-based locations.
Scan results can be shared with data owners and key stakeholders to assess risk, classify data and determine appropriate remediation actions.
In-built remediation tools allow teams to redact, encrypt, quarantine or delete sensitive data found in unauthorized locations. Advanced features also support access governance and delegated remediation for decentralized data management across departments.
Enterprise Recon generates detailed reports tailored for compliance, security and governance needs, providing a clear, actionable view of the organization’s data landscape.
Staying ahead of global privacy laws
Privacy laws continue to develop and expand across the globe, and with the introduction of artificial intelligence (AI) technologies will become increasingly complex.
Organizations must ensure they have the right solutions in place to adapt and react to this changing landscape, protecting personal data, upholding individual privacy rights and maintaining compliance with all applicable privacy laws.
To find out how Ground Labs can support privacy compliance, arrange a complimentary data risk assessment or book a call with one of our experts today.