Privacy in the United States
Numerous Sector and State-Specific Privacy Laws
In the United States, there is no one comprehensive privacy law that applies to the entire private sector. However, there are numerous sector and state-specific laws that businesses operating in the United States need to understand.
The following are three high profile federal statutes:
- Gramm-Leach-Bliley Act
- Under this law, financial institutions and certain affiliates must comply with broad "consumer privacy" rules.
- Institutions covered must create and provide notice of policies and procedures governing the collection, secure storage, and disclosure of personal information.
- Click here for more on Gramm-Leach from the Federal Trade Commission.
- Health Insurance Portability and Accountability Act Regulations
- Applies to health plan providers, health care clearinghouses and certain health care providers.
- Covers "protected health information": Information related to physical or mental health, the provision of health care, and the payment for health care.
- HIPAA violations carry substantial penalties.
- Click here for more on HIPAA from the United States Department of Health and Human Services.
- Children's Online Privacy Protection Act
- Applies to the online collection of personal information from children under 13.
- Requires a notice containing specific details about information practices to be posted on the home page and each area of the website where personal information is collected from children.
- Click here for more on COPPA from the Federal Trade Commission.
All states have some statutory protection for specific privacy rights, and some state constitutions specifically identify a right of privacy for their citizens. There are also numerous state-specific security breach notification laws.
Visit the Electronic Privacy Information Center for more information on privacy laws in the United States.
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