A Guide To US Privacy Laws

The Internet can be a scary place. No, we’re not just talking about watching scary flicks on Netflix like the 2019 box office terrorizer, Doctor Sleep. Privacy Laws might not have kept you up at night like Doctor Sleep did but it is crucial to be aware about Privacy Laws in the US, especially if you are a business owner.

Privacy can refer to both Personally Identifiable Information (PII) or non-personal information. Internet privacy is a subset of a larger privacy issue - data privacy. Unlike the European Union and other countries, United States Privacy Laws are inconsistent across the country. While some states, such as California, have strong Privacy Laws, there are few federal guidelines that apply to the country as a whole, although many states are making strides to protect their citizens. The US is the wild, wild west of Privacy Laws.

Before we dive into the different state and federal Privacy Laws, we need to make some distinctions about Internet data.
 

Internet Privacy Versus Data Privacy

Data privacy is primarily concerned with both personal information, like height, date of birth, or blood type, while non-personal information refers to information about how your users engage with your business or website, including visit time and their behavior on a website. Your business may collect user behavior data on your website like click-through rates but it wouldn’t count as Personally Identifiable Information (PII) if it wasn’t linked back to a specific user. Internet privacy is limited to the information available, stored, or displayed on the Internet. Any data stored on your server that’s obtained through the Internet would hence be affected by Internet Privacy Laws.

Data privacy, on the other hand, can refer to financial, medical, or educational records. Any information that can be directly tied back to you is an example of data that’s protected by data Privacy Law. Businesses in the medical field have access to lots of data that would fall under US Privacy Law but not necessarily internet Privacy Law. Medical information is known as Personal Health Information (PHI).

Edward Snowden famously revealed that almost all US phone companies were providing the NSA with phone records. Gee, we can’t believe the good people at Verizon would spy on us!

PRISM (Planning Tool for Resource Integration, Synchronization, and Management) was an NSA program also revealed by Snowden that was thought to be able to access social media servers, gaining user information and threatening the privacy of thousands of photos of Shiba Inus uploaded to social media every day! Instead, PRISM only allowed the NSA to gain information on request. The government did change laws after technology companies rallied to make the NSA’s activity more transparent.
 

So, What Privacy Laws Actually Exist In The US?

While it’s easy to point at the lack of comprehensive federal Privacy Laws in the US, many internet users are in favor of minimal regulation. Anonymity is a large concern for many on the internet, so they’d rather the government have as little involvement in the internet as possible. Many of the existing Privacy Laws actually do more to threaten the privacy rights of internet users than protect them.

The Computer Fraud And Abuse Act (CFAA) is one such federal law with a disputed purpose. While the law is intended to protect online users by preventing the sharing of any illegally obtained data, some reformers say the act is too restrictive and could limit regular internet activities that have nothing to do with data theft or hacking.

Another internet privacy United States federal law is the Privacy Act of 1974. The Privacy Act of 1974 protects the PII of users that is held by government agencies. However, this act does not apply to private companies. This act only applies to government agencies like the Census Bureau, labor statistics, or other government agencies. Other federal Privacy Law include HIPPA (Health Insurance Portability and Accountability Act) and the Gramm-Leach-Bliley Act. Despite the lack of a significant federal protection of Internet privacy, there are many state laws that provide significant online protection.

Grab your surfboards, dudes! We’re going to Venice Beach!
 

Ok, You Said There Were State Laws, Right?

The California Consumer Privacy Act (CCPA), introduced in 2018, lets residents of California know what personal data is being collected about them and gives them the choice on whether it can sold to third-parties or not. Residents can also access their personal data, request its deletion and may not be discriminated against for invoking their rights. If your business is operating in California, you’ll have to make sure you comply with their strict state law, let users have better access to data and put disclaimers regarding selling consumer data on your website.

While California has one of the strongest sets of Privacy Laws and rights, other states have taken notice and followed suit. New York, Maryland, Massachusetts, Hawaii and North Dakota have all implemented similar Privacy Laws in their states. All states but North Dakota give consumers the right to access or delete data; North Dakota consumers can only access it. New York has the only state laws where internet users also have the right to correct data.
 

4 Pro Tips To Protect Your Internet Privacy

So, you now know privacy can be tricky in the US with different states having different laws. The first step is to research your state laws in addition to the federal laws listed above. Next, you’ll want to make sure you’re following the basic privacy principles listed below.
 

• Monitor web browsing of employees

• Install antivirus software

• Comply with CCPA by mapping all the personal data your business possesses.

• Disallow cookies in your browser

These tips can go a long way towards protecting your online privacy or the online privacy of a business with thousands of customers.
 

The US Is Behind The Curve — For Now

While Internet privacy is much slacker in US than it is in the European Union, there are still many laws your business must comply with so you can protect your user’s data and keep your business operating legally. Keeping track of all user’s data and indexing it properly is a great first step. The organization of all your digital assets is key.

Unfortunately, there’s not a lot you can do if you live in a state or country with minimal Privacy Laws. Even if you have great antivirus and data practices, you can still be vulnerable. Luckily, many states are beginning to pass internet Privacy Laws that do more to protect consumers and businesses.

Now that you’ve gone through your primer on US Privacy Laws, it’s time to check out about Global Privacy Laws.