Anaya Nolan
The General Data Protection Regulation (GDPR) is a comprehensive data privacy law that applies to organisations collecting, storing, or holding personal data belonging to residents of EU member states. While there is no single US federal law that directly mirrors the GDPR, various state laws, such as the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act, address similar privacy concerns. In the UK, Ofcom is the regulator and competition authority for the communications industries, overseeing TV and radio standards, broadband, phones, video-sharing platforms, and postal services.
Characteristics and Values of the US version of GDPR and UK's Ofcom Law
| Characteristics | Values |
|---|---|
| Ofcom's purpose | To regulate and be the competition authority for the UK communications industries |
| Ofcom's regulated areas | TV and radio sectors, fixed-line telecoms, mobiles, postal services, and airwaves over which wireless devices operate |
| Ofcom's establishment | 29 December 2003 |
| GDPR's purpose | To protect and regulate the collection, storage, and usage of personal data |
| GDPR's scope | Applies to organizations that collect, store, or hold personal data belonging to EU residents in EU member states |
| US GDPR compliance | US companies fall under the jurisdiction of the GDPR as data controllers or data processors if they provide goods or services to EU or EEA citizens |
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What You'll Learn
Ofcom's role in the UK's phone hacking scandal
In the United States, the California Consumer Privacy Act (CCPA) is similar to the EU's General Data Protection Regulation (GDPR). The UK's version of GDPR is the UK GDPR, which came into effect after the country left the European Union.
Ofcom is the UK's media regulator and watchdog. In 2011, Ofcom investigated the News International phone hacking scandal, which involved the now-defunct News of the World newspaper. Ofcom examined whether BSkyB, in which News Corporation parent company of News International held a 39.1% stake, was a "fit and proper" holder of a broadcasting licence. This investigation moved to an evidence-gathering phase in April 2012, where Ofcom requested private court documents and assessed civil claims over phone hacking. The scandal caused the resignation of several News International employees and high-ranking officers of the Metropolitan Police Service. It also led to the closure of the News of the World after 168 years in print and the loss of 200 jobs. Additionally, it affected News Corporation's business, causing them to lose a no-bid contract with New York State. Ofcom's role in the scandal was significant, as it brought attention to the inappropriate behaviour of the media and held them accountable for their actions.
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US companies and the GDPR
The General Data Protection Regulation (GDPR) is a European Union data privacy law that requires organizations to keep data safe and give people more control over how their data is used. It also includes the threat of large fines for non-compliance, which can reach 4% of global revenue or €20 million, depending on the severity and circumstances of the violation. The GDPR applies to companies outside the EU because it is extraterritorial in scope. Specifically, the law is designed not so much to regulate businesses but to protect the data subjects' rights. A "data subject" is any person in the EU, including citizens, residents, and even visitors.
The GDPR defines "personal data" as "information related to an identified or identifiable natural person." This means that if any piece of information can be used to identify a natural person, the information is "personal data" under the GDPR, and the processing of that data is protected by the GDPR. This type of information includes an individual's name, ID number, location data, online identifier, or other factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person. It also includes religion, trade union association, ethnicity, marital status, IP addresses, cookie strings, social media posts, online contacts, and mobile device IDs.
US companies that fall under the scope of the GDPR are subject to the same requirements as their EU counterparts. This means that US companies must identify the kind of personal data they are collecting, storing, and processing, and determine whether any of it belongs to people in the EU. If the data does belong to people in the EU, the US company must comply with the GDPR. Additionally, US companies must have a legal basis for processing personal data, and this legal basis must be established before the processing begins. The legal basis should also be demonstrable at all times, meaning that a business must be able to show internally, to data subjects, and to regulatory entities what legal basis it uses for each user.
To comply with the GDPR, US companies should implement data security practices such as end-to-end encryption and organizational safeguards to limit their exposure to data breaches. They should also follow the principle of "data protection by design and by default" when beginning new projects. US companies should also be aware that the GDPR imposes strict restrictions on the transfer of personal data outside the EU to third-party countries or international organizations. This means that any organization that receives personal data from a US company must be under a legally binding obligation to follow the GDPR's data protection requirements.
In summary, while the GDPR is a European Union data privacy law, it also applies to US companies that process the personal data of individuals in the EU. US companies that fall under the scope of the GDPR must comply with the same requirements as EU companies, including identifying the personal data they collect and storing and implementing data security practices.
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California Consumer Privacy Act (CCPA)
In the US, there is no federal legislation that is equivalent to the EU's General Data Protection Regulation (GDPR). However, individual states like California have implemented similar policies. The California Consumer Privacy Act (CCPA) was passed in 2018 and was the first in the USA in response to GDPR and data privacy violations in the state.
The CCPA provides California residents with the right to know what personal data is being collected about them and whether their personal data is sold or disclosed, and to whom. It also gives them the right to request that a business delete any personal information about them that has been collected and to not be discriminated against for exercising their privacy rights. The CCPA applies to any business that collects consumers' personal data, does business in California, and meets at least one of the following thresholds: annual gross revenues exceeding $25 million, buying, receiving, or selling the personal information of 100,000 or more consumers, or earning more than half of its annual revenue from selling consumers' personal information.
Businesses that sell or share personal information must offer two or more methods for consumers to submit requests to opt out of the sale of their personal information. For example, a toll-free number, email address, website form, or hard copy form. Additionally, businesses must implement and maintain reasonable security procedures and practices to protect consumer data. The CCPA also provides a private right of action, allowing consumers to take legal action against non-compliant entities.
While the CCPA and GDPR share similarities in their intention to protect personal information, there are some key differences. The GDPR's definition of personal data is broader and covers all personal data regardless of its source, while the CCPA only considers data that was provided by a consumer in some cases. The geographic range of the CCPA is also less clear, and while it does not need to be physically present in California, it must be active and meet the requirements.
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US data protection laws
In the US, there is no direct equivalent to the EU's GDPR or the UK's Ofcom law. However, there are several federal laws that address data protection and privacy, which include:
- The California Consumer Privacy Act (CCPA): Adopted in June 2018, the CCPA shares similarities with the GDPR. It grants California consumers new rights with respect to their personal information, including the right to know what personal data is being collected, the right to delete personal data, and the right to opt out of the sale of personal data.
- The Health Insurance Portability and Accountability Act (HIPAA): Enacted in 1996, HIPAA protects sensitive patient health information from being disclosed without patient consent or knowledge. It applies to healthcare providers, health plans, healthcare clearinghouses, and their business associates.
- The Children's Online Privacy Protection Act (COPPA): Enforced by the Federal Trade Commission (FTC), COPPA protects the privacy of children under 13 years old by requiring websites and online services directed at children to obtain parental consent before collecting personal information.
- The Gramm-Leach-Bliley Act (GLBA): This act, also known as the Financial Modernization Act of 1999, requires financial institutions to explain their information-sharing practices to customers and to safeguard sensitive data.
- The Family Educational Rights and Privacy Act (FERPA): FERPA grants parents certain rights regarding their children's educational records, including the right to access records, request corrections, and control the disclosure of personally identifiable information.
While these laws address specific sectors or types of data, there is no comprehensive federal law in the US that provides the same level of data protection and privacy rights as the GDPR. Instead, data protection laws in the US tend to be sector-specific, with each industry having its own set of regulations and guidelines.
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Ofcom's regulation of TV and radio standards
Ofcom, established by the Office of Communications Act 2002 and launched in 2003, is the UK's media regulator. It is responsible for regulating TV and radio standards, as well as broadband and phones, video-sharing platforms, the wireless spectrum, and postal services.
Ofcom's duties include managing, regulating, assigning, and licensing portions of the electromagnetic spectrum for television and radio broadcasts. It grants broadcasting licences with specific conditions attached, which it enforces in line with its published General Procedures. Ofcom also has a duty to secure the wide availability of TV and radio services throughout the UK.
The Ofcom Broadcasting Code sets out the rules by which radio and television programmes in the UK must abide, covering standards in programmes, sponsorship, product placement, fairness, and privacy. Ofcom occasionally publishes notes to alert broadcasters and on-demand service providers to key changes or information. The Code includes standards to protect the public from harmful and/or offensive material, such as content that is likely to incite crime or disorder. It also outlines the responsibility of broadcasters with respect to religious programmes and news reporting, which must be accurate and impartial.
Ofcom has the power to revoke licences and impose financial penalties for breaches of its codes and rules. For example, in 2010, Ofcom revoked the licences of four free-to-air television channels for promoting adult chat services during daytime hours and transmitting sexually explicit content. The companies involved were fined £157,250.
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Frequently asked questions
While there is no federal law in the US that addresses data security and data processing to the extent of GDPR, state laws serve as equivalents. The California Consumer Privacy Act (CCPA), passed in 2018, was the first in the USA as a response to GDPR and data privacy violations in the state.
Ofcom is the regulator for online safety in the UK. It regulates TV and radio standards, broadband and phones, video-sharing platforms online, the wireless spectrum and postal services. It was established by the Office of Communications Act 2002 and received its full authority from the Communications Act 2003.
US companies fall under the jurisdiction of the GDPR as either data controllers or data processors. If a US company's website provides goods or services to EU or EEA citizens and/or collects personal information about them, then they must meet all of the GDPR’s business requirements.
