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National Comprehensive Data Protection/Privacy Laws and Bills 2018

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Abstract

Over 100 countries and independent jurisdictions and territories around the world have now adopted comprehensive data protection/privacy laws to protect personal data held by private and public bodies. Around 40 countries and jurisdictions have pending bills or initiatives. The laws in these countries apply to personal information held in both electronic and physical form and to all or nearly all subject areas. In nearly all of the countries, the laws apply to personal information held by private bodies and by governments. In most countries, an independent data protection or information commission oversee and enforces the laws. Most laws have also included specific exemptions for the media while a few also specifically refer to national right to information laws. This map shows which jurisdictions have adopted laws or have pending initiatives. This update includes a number of new countries including Mauritania, Niger, Sao Tome, and the Cayman Islands.
Blue - Comprehensive Data Protection Law Enacted
Red - Pending Bill or Initiative to Enact Law
White - No initiatives or no information
National Comprehensive Data Protection/Privacy Laws and Bills 2018
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David Banisar
January 2018
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Author content
... Hence, all the firms handling EU residents' personal data or monitoring data subjects' behaviour within the EU need to conform to the European data privacy legislation. As a matter of fact, nowadays nearly 120 countries and independent jurisdictions and territories around the world have adopted comprehensive data protection/privacy laws and almost 40 countries and jurisdictions have pending bills or initiatives, as shown in the map updated to September 2018 (Banisar, 2018). ...
... Source: Banisar, D. (2018). National Comprehensive Data Protection/Privacy Laws andBills 2018 (September 4, 2018). ...
... These instruments have influenced the development of national data protection laws worldwide, translating some of the data protection and privacy principles into domestic legislation that reg ulates the processing of personal information. According to a comprehensive global study, as of November 2019, 130 countries have adopted data protection/privacy laws (and almost 40 coun tries and jurisdictions have bills and initiatives pending) to protect the personal data held by private and public bodies (Banisar, 2019; see Annex 1), although some existing data protection and privacy laws are outofdate (Privacy International, 2018, p. 10). ...
Technical Report
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New technologies can bring advantages to social protection systems. However, they also carry inherent challenges and risks. In this issue paper, we discuss the risks to privacy and personal data, particularly adapted to the context of social protection systems in low-and middle-income countries. We argue that if the necessary safeguards are put in place there is no contradiction between the right to privacy and providing effective social protection systems. However, social protection authorities and practitioners around the world may face challenges in complying with national and international data protection and privacy standards and legal frameworks. Consequently, social protection authorities and practitioners need special attention and support.
... In excess of 100 states and independent jurisdictions around the globe have now accepted comprehensive data protection and privacy laws to protect personal data held by private and public bodies. 5 In addition, 40 countries and jurisdictions have pending bills or initiatives. ...
Article
Full-text available
"ZEI Insights" provide commentary and critical analysis on governance and regulation developments related to the ten priorities of the European Commission and its interplay with the European Parliament and the European Council.
... The Anglophone states include Ghana, Nigeria, Gambia, Sierra Leone and Liberia. Among these five Anglophone states, the study published in 2014 [14] revealed that only Ghana had a comprehensive Information Privacy Regulation that enforces protection of PII of individuals. ...
Conference Paper
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Due to various reasons, only few researchers focused their investigations on the current status of information security and privacy protection of e-Government services in Africa. This paper attempts to partially fill the gap by reporting on the compliance evaluation of privacy protection in e-Government systems in the countries of Anglophone West Africa, namely in Ghana, Nigeria, Liberia, Sierra Leone and Gambia. In the countries, e-Government services have become one of the most important and efficient means by which government interacts with citizens. The ways to facilitate information privacy protection in e-Government systems of a given country include enactment of a comprehensive information privacy regulation. The regulation serves as a legal framework that considers internationally accepted privacy protection principles, such as those of the ISO/IEC 29100:2011, and applicable guidelines of the U.S. NIST SP 800-53 Rev.4. In this paper, the privacy principles of the ISO/IEC 29100:2011 serve as a baseline for evaluation of the content of privacy protection regulations of the Anglophone West African countries. The paper also reports results of a passive security reconnaissance performed on selected e-Government websites. While the paper acknowledges recent progresses made in the area of privacy protection in the countries of Anglophone West Africa, recommendations are provided to mitigate the identified gaps.
Chapter
Data Protection (DP) and Privacy are increasingly important quality characteristics of Information, particularly in the context of Business Intelligence and Big Data. This relationship between Data Protection and Information Quality (IQ) is often poorly understood, and DP itself is often misunderstood as being an issue of security control rather than information governance. This chapter examines the relationship between DP, IQ, and Data Governance (DG). It provides an overview of how techniques and practices from IQ and DG can ensure that BI projects are grounded on appropriate privacy controls that ensure that the right information is being used in the right way by the right people to answer the right questions.
Article
Full-text available
The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security. The protection of personal data is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life, and how law allocates power over information in different countries, will give us the possibility to define the most important criteria’s which define the existence of abuse or not over personal data and information.
Chapter
‘Right to information’ (RTI), ‘access to information’ (ATI) or ‘freedom of information’ (FOI) has been adopted by countries around the world, as a manifestation of the rights of citizens to freedom of opinion and expression and a prerequisite for human rights. In 1948, the United Nations Universal Declaration of Human Rights Article 19 stated the fundamental ‘right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’ In 1966, the International Covenant on Civil and Political Rights declared that ‘…access to information is inextricably tied to freedom of expression.’ The right to information has frequently been linked to trust in public discourse and to enabling accountable and open government. Access to information establishes a right for individuals to seek information held by public authorities, often in a manner defined by the law, and generally subject to exemptions for such things as national security, defence, international relations, police investigations and privacy. Recordkeeping professionals in corporate and public organisations provide access to records for internal business use to support current activities, as well as ensuring access to records needed over the longer term for the study of cultural heritage and the history of communities and families. In addition, in the accountability domain, records can be used to hold individuals, officials and corporations to account, both internally and externally. Providing access to reliable records is commonly cited as a necessary prerequisite for accountability, transparency, and good governance. Transparency International (Pope, 2003) asserted that ‘when we campaign for greater access to information we must at the same time campaign for improved records management. There seems little point in having access to information that is chaotic and unreliable’. Archives have been called ‘arsenals of democratic accountability’ (Eastwood, 1993; Iacovino, 2010) and this chapter will examine the recordkeeping role in providing access to records so that individuals can exercise their ‘right to information’. It will consider four different aspects of access to information: national archives and records legislation; secrecy and privacy; responsive release of information by governments under freedom of information; and proactive release of information under open government policies. It will reflect upon whether these aspects together provide citizens with ‘a right to information’ and therefore whether such a right can be said to exist in practice. Unofficial routes to information access, such as whistleblowing or unauthorised disclosure by activists, will not be covered in this chapter.
Conference Paper
The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. The protection of personal data is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life, and how law allocates power over information in different countries, will give us the possibility to define how much privacy are we willing to give up in exchange for greater public safety and other public interest, how ECtHR has decided this tender dilemma – the criteria's and principles applied in these cases. The methodology used in his paper is based on the method of description, the method of conceptual analysis and the method of evaluation. Key words: Personal information, public security, impact and barriers, ECtHR.
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