Internet Privacy Law a Comparison Between the United...

David L. Baumer1, Julia B. Earp2 and J.C. Poindexter3 College of Management, North Carolina State University, Raleigh, NC 27695-7229 1David_Baumer@ncsu.edu 2Julia_Earp@ncsu.edu 3JC_Poindexter@ncsu.edu Internet Privacy Law: A Comparison between the United States and the European Union Abstract The increasing use of personal information in web-based applications has created privacy concerns worldwide. This has led to awareness among policy makers in several countries regarding the desirability of harmonizing privacy laws. The challenge with privacy legislation from an international perspective is that the Internet is virtually borderless but legislative approaches differ between countries. This paper presents a functional†¦show more content†¦Congress as a bill in January, 2003 (see H.R. 69). Even though OPPA is just proposed legislation at this point, it encompasses most of the necessary components for comprehensive protection of privacy online called for by privacy advocates and entities such as the FTC. It is also consistent with the Fair Information Practices (FIP) [9], which have operated as a guide for policy makers in the U.S. If the U.S. does indeed enact comprehensive online privacy legislation, it will most likely continue to use the FIPs as a guide and therefore, will closely resemble OPPA. The results presented herein will benefit managers and website designers of companies involved in international business, as well as policy makers. This paper is organized as follows: Section 2 reviews privacy legislation in the EU and U.S., Section 3 presents the comparative analysis between EU and U.S. privacy laws and Section 4 draws some conclusions and provides recommendations to managers and website designers. Privacy Protection in the EU and in the U.S. In 1980, the Organization for Economic Cooperation and Development (OECD) issued the Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. Commonly known as the OECD Guidelines, they established eight data protection principles for balancing data protection and the free flow of information. Although the OECD Guidelines are recognized by all OECDShow MoreRelatedInternet Privacy Law: a Comparison Between the United States and the European Union9297 Words   |  38 PagesNorth Carolina State University, Raleigh, NC 27695-7229 1David_Baumer@ncsu.edu 2Julia_Earp@ncsu.edu 3JC_Poindexter@ncsu.edu Internet Privacy Law: A Comparison between the United States and the European Union Abstract The increasing use of personal information in web-based applications has created privacy concerns worldwide. This has led to awareness among policy makers in several countries regarding the desirability of harmonizing privacy laws. 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FinallyRead MoreEasay7165 Words   |  29 Pages | |Identify the main moral dimensions of an information society and specific principles for conduct that can be used to guide ethical decisions. | |Evaluate the impact of contemporary information systems and the Internet on the protection of individual privacy and intellectual property. | |Assess how information systems have affected everyday life. | |Identify the principal management challenges Internet Privacy Law a Comparison Between the United... David L. Baumer1, Julia B. Earp2 and J.C. Poindexter3 College of Management, North Carolina State University, Raleigh, NC 27695-7229 1David_Baumer@ncsu.edu 2Julia_Earp@ncsu.edu 3JC_Poindexter@ncsu.edu Internet Privacy Law: A Comparison between the United States and the European Union Abstract The increasing use of personal information in web-based applications has created privacy concerns worldwide. This has led to awareness among policy makers in several countries regarding the desirability of harmonizing privacy laws. The challenge with privacy legislation from an international perspective is that the Internet is virtually borderless but legislative approaches differ between countries. This paper presents a†¦show more content†¦In this paper, we show just how different Internet privacy protection is in the U.S. relative to the EU and examine a significant, proposed change in U.S. privacy law. Every society values privacy in some respect but the expressions of privacy differ significantly across cultures [5]. A recent survey of over 1000 Internet users from 30 countries demonstrates this; in particular, the non-U.S. respondents were statistically more concerned about organizations using consumer data for customization and personalization purposes [6]. These findings are apparent when comparing and contrasting privacy laws from differing cultures. The cultural values of a nation influence the development and maintenance of societal institutions such as legislative bodies [7]. Although there may be other factors to consider, a country’s cultural values are closely associated with the privacy concerns that are exhibited by its people and are associated also with its regulatory approach [2]. The qualitative analysis we perform in this paper provides additional support for the proposition that different cultural experiences and histories impact a country’s legal system, especially the legal protection provided for individual privacy. The initial consequences of international legal disparities between the U.S. and the EU in privacy protection took place when the EU enacted and enforced the 1995 EUShow MoreRelatedInternet Privacy Law: a Comparison Between the United States and the European Union9303 Words   |  38 PagesNorth Carolina State University, Raleigh, NC 27695-7229 1David_Baumer@ncsu.edu 2Julia_Earp@ncsu.edu 3JC_Poindexter@ncsu.edu Internet Privacy Law: A Comparison between the United States and the European Union Abstract The increasing use of personal information in web-based applications has created privacy concerns worldwide. This has led to awareness among policy makers in several countries regarding the desirability of harmonizing privacy laws. The challenge with privacy legislation fromRead MoreGoogle Vs. Google Privacy Policy1349 Words   |  6 PagesInternet companies like Google and others collect and store individual customer profile as a requirement to provide free services like search, webmail, web storage and social networking services. Official Google Privacy policy states: â€Å"When you use Google services, you trust us with your information.†. (Google) Google privacy policy is built on the opt-out requirement and they influence their customer to implicitly trust it with their personal data. Google claims in their mission statement that â€Å"Google’sRead MoreThe Right Of Privacy : The United State1571 Words   |  7 Pagescontinue the comparison in between them is by collecting several pros and cons on each ideology. The United State has not a uniform or standard law that promotes the concept of a right to privacy; instead, they introduced the concept through intellectual articles and was established by the Supreme Court. Nevertheless, it is not explicitly mentioned in the Constitution, thus it is often considered as secondary to other rights. This situation mainly occurs because the country does not want a law to interfereRead MoreGlobal Views Of Privacy Paper Essay1949 Words   |   8 Pages Global Views of Privacy Paper Eddie Caraballo Ethics Introduction The widespread use of information technology, automatic data processing techniques, the formation of global information systems, access to which can be virtually made by any person from anywhere in the world – these are the real characteristics of the gaining momentum digital era. On the one hand, the benefits of free access to information directly provide the realization of one ofRead MoreLaw And Lawyers Take Home Final Exam2069 Words   |  9 PagesLaw Lawyers Take Home Final Exam Since the time of civilizations, there have been many forms of law. From the time of natural law, then believed that rights come directly from nature; they are self evident, and are inherently God given fundamental rights that are inalienable. Natural law is rooted in the beliefs that can be traced back to ancient Rome and medieval theology. The social function of law in any society is to be an institution, or system, of rules that are enforced by an authoritativeRead More Companies, Ethics, and Privacy of Personal Information Essay4564 Words   |  19 Pagesquickly becoming a commodity in todays high technology world. This information is used by banks, investment and brokerage companies, credit card merchants, government agencies (local, state and federal), and consumer product-based companies. Most people probably dont realize the amount of information thats shared between companies, or how often its done. Many companies sell and share customer data to help sell products and fin d out what new products they should produce. Other uses include gatheringRead More The Decline of Privacy on the Internet Essay examples4261 Words   |  18 PagesThe Decline of Privacy on the Internet Within national and international laws, privacy has had a long history. It is a value that is inevitably subjective, due largely to its varying importance among cultures.1 Nonetheless, there does exist three, more or less universal, aspects of privacy: freedom from intrusion, control of information about oneself, and freedom from surveillance,2 which have been pushed to the vanguard by the Internet. Economic theory endorses that the cost of acquiringRead More Healthcare and Drugs in America Essay1654 Words   |  7 Pagespercent. And as the research and development of these drugs continue to outpace inflation, most Americans will continue to pay for this trend. How so? There are two main reasons for this phenomenon. First of all the U.S has highly favorable patent laws toward these drug companies, prohibiting normal market competition for long periods of time. These monopolies allow manufacturers to charge several hundred percent above (world) market prices. (Dean Baker and Noriko Chatani) Some pharmaceutical companiesRead MoreGlobal Cultural Analysis: Italy Essay3313 Words   |  14 Pagesopen its boundaries to foreign partners and investors to embrace mutual growth? Discussion of the idea above is the purpose of the cultural analysis. First, a cultural examination of Italy in comparison to the United States will provide specific compatibility information, to determine if an alliance between these two countries would be advantageous. Next, insight into possible implications for global mangers and potential strategies to successfully navigate foreign relations in Italy. FinallyRead MoreEasay7165 Words   |  29 Pages | |Identify the main moral dimensions of an information society and specific principles for conduct that can be used to guide ethical decisions. | |Evaluate the impact of contemporary information systems and the Internet on the protection of individual privacy and intellectual property. | |Assess how information systems have affected everyday life. | |Identify the principal management challenges