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Adding content for Existing Legal Framework section
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@jabhay
jabhay committed Sep 24, 2020
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Expand Up @@ -62,9 +62,80 @@ <h2>Data Ethics</h2>
</section>
<section id='existing-legal-frameworks'>
<h2>Existing Legal Frameworks</h2>
<p>
TBD
</p>
<section id='ethics-and-law'>
<h3>The Link Between Ethics and Law</h3>
<p>
There is a virtual cycle between data ethics and law, brought about by globalization and the localized nature of laws. Where ethical concerns within a region accelerate faster than other areas, legislators create laws that provide protections deemed necessary by citizens. These laws often provide templates for other regions, potentially influencing prevailing regional ethical concerns. In the case of data privacy, GDPR has provided a template that many countries have adapted, resulting in a framework of rights that have found their way into legal frameworks for privacy. The following rights broadly capture these concerns. Three laws were referred to in order that commonality across regions could be confirmed. These were the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and Australian Privacy Act. Where a right is included in these laws, it is indicated under the corresponding right.
</p>
</section>
<section id='right-of-access'>
<h3>The Right of Access</h3>
<p>
The Right of Access gives individuals the right to obtain a copy of the personal information held about them. It also includes supplementary information such as the purpose of processing, categories of personal data processed, recipients or categories of recipients, the right to object and instructions on how, and the existence of automated decision taking based on the information held.
</p>
<ul class='note' title='Laws That Include This Right'>
<li>GDPR</li>
<li>Australian Privacy Act</li>
</ul>
</section>
<section id='right-to-know'>
<h3>The Right to Know</h3>
<p>
The Right to Know gives people the right to be informed about the collection and use of an individual’s personal data, which extends to a number of additional obligations by the manager of that data. Additional obligations include identification of data managers and protection officers, processing purposes and interests pursued, intention to transfer and the intended recipients, duration of storage, and rights of the data subject including the ability to withdraw consent.
</p>
<ul class='note' title='Laws That Include This Right'>
<li>GDPR, referred to as the Right to be Informed</li>
<li>CCPA</li>
<li>Australian Privacy Act</li>
</ul>
</section>
<section id='right-to-be-forgotten'>
<h3>The Right to be Forgotten</h3>
<p>
The Right to be Forgotten is the right to request erasure of data. If the data has been made public, or passed onto to third parties, all reasonable measures must be taken to inform recipients that all copies of the data originating from their disclosure must be erased.
</p>
<ul class='note' title='Laws That Include This Right'>
<li>GDPR</li>
<li>CCPA, referred to as the Right to Delete</li>
</ul>
</section>
<section id='right-to-opt-out'>
<h3>The Right to Opt-out</h3>
<p>
The Right to Opt-out is the right to revoke access to collection of more data, or the use of existing data for the purposes originally consented to (e.g., direct marketing).
</p>
<ul class='note' title='Laws That Include This Right'>
<li>GDPR, included in the Right to be Informed</li>
<li>CCPA</li>
<li>Australian Privacy Act</li>
</ul>
</section>
<section id='right-of-correction'>
<h3>The Right of Correction</h3>
<p>
The Right of Correction is the right to have your personal information that is incorrect be corrected.
</p>
<ul class='note' title='Laws That Include This Right'>
<li>Australian Privacy Act</li>
</ul>
</section>
<section id='geolocation-specifics-ccpa'>
<h3>Geolocation specifically</h3>
<p>
CCPA goes further from a location perspective, including geolocation in the definition of personal information. This has given rise to a number of additional responsibilities for data managers. Privacy policies require updating to reflect any capture of geolocation. Users should be required to opt-in with just-in-time notice prior to collection of geolocation. CCPA requires this consent to be provided separately to any general End User License Agreement, privacy policy, conditions of use, or similar document. To comply with the Act, collection of geolocation can only commence after a data manager can prove that consent to collect (and transmit if applicable) was given, that consent was not later withheld or revoked, and that the captured geolocation precision is not greater than the precision for which consent was given.
</p>
</section>
<section id='more-information-legal-frameworks'>
<h3>More Information</h3>
<p>
For more information on these legal frameworks, you can follow the links below.
</p>
<ul class='note' title='Legal Frameworks Links'>
<li>GDPR: <a href="https://gdpr-info.eu">https://gdpr-info.eu</a> </li>
<li>CCPA: <a href="https://oag.ca.gov/privacy/ccpa">https://oag.ca.gov/privacy/ccpa</a></li>
<li>Australian Privacy Act: <a href="https://www.oaic.gov.au/privacy/the-privacy-act/rights-and-responsibilities/">https://www.oaic.gov.au/privacy/the-privacy-act/rights-and-responsibilities/</a></li>
</ul>
</section>
</section>
</section>
<section class='informative' id='common-concerns'>
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