Various Compliance laws and their emphasis on confidentiality
There are many compliance laws to protect individual and organizations confidentiality. Based on geography, different sectors, target groups there are different compliance laws. So in this page wanted to discuss all these compliance laws , what it protects, why confidentiality is important for each law and what happens in case it violates.
- Family Education Rights and Privacy Act (FERPA) - protects student education records' privacy. Confidentiality prevents unauthorized disclosure of sensitive student information like grades and attendance. Violations may result in loss of federal funding, legal penalties, and reputational damage to educational institutions.
- Federal Financial Institutions Examination Council (FFIEC)- provides security guidelines for financial institutions. It ensures confidentiality of customer financial information (e.g., bank accounts). Violations may lead to regulatory fines, enforcement actions, and loss of customer trust, impacting financial stability.
- Children’s Online Privacy Protection Act of 1998 (COPPA)- safeguards children's online privacy by regulating websites collecting personal information from children under 13. It prevents unauthorized access to children's personal data. Violations may result in FTC penalties up to $42,530 per violation, reputation damage, and loss of user trust.
- Gramm-Leach-Bliley Act (GLBA)- mandates financial institutions to safeguard consumers' personal financial information. It ensures confidentiality of nonpublic personal information (e.g., social security numbers, credit scores). Violations may lead to FTC fines, regulatory actions, and loss of customer confidence and business.
- Government Information Security Reform Act (Security Reform Act) of 2000 (GISRA)- sets security standards for federal government information systems, protecting classified and sensitive information. Violations may result in national security risks, legal penalties, and reputational damage to government agencies.
- The USA PATRIOT Act of 2001 (USA-PATRIOT)- enhances law enforcement's ability to detect and prevent terrorism. It balances national security with privacy rights, ensuring proper handling of sensitive information. Violations may lead to legal actions, civil liberties concerns, and public distrust in government surveillance programs.
- Federal Information Security Management Act (FISMA)- sets security requirements for federal information systems. It protects government data from unauthorized access, ensuring confidentiality. Violations may result in regulatory penalties, audit findings, and operational disruptions to federal agencies.
- Sarbanes-Oxley Act (SOX)- ensures accurate financial reporting and corporate accountability. It protects financial data to maintain integrity in reporting. Violations may lead to civil and criminal penalties, financial losses from fraud, and reputational damage to public companies.
- California Security Breach Information Act (SB 1386) of 2003- mandates businesses to notify California residents of data breaches involving personal information. It protects sensitive data like social security and driver's license numbers. Violations may result in legal penalties, class action lawsuits, and loss of consumer trust.
- Health Insurance Portability and Accountability Act (HIPAA)- ensures confidentiality, integrity, and availability of protected health information (PHI). It safeguards medical records and personal health info from unauthorized disclosure. Violations may lead to civil and criminal penalties, HIPAA fines, and reputational damage to healthcare providers. you can find here recent examples of violations https://www.hipaajournal.com/hipaa-violation-cases/. In 2024 only there are 4 cases reported from Essex Residential care, Phoenix Healthcare, Green Ridge Behavioral Health and Montefiore Medical center impacting many patients and penalty for the organizations.
- European Union General Data Protection Regulation (GDPR) of 2016- protects personal data and privacy of EU citizens. It mandates organizations to secure personal data with appropriate measures. Violations may result in fines up to €20 million or 4% of annual global turnover, loss of EU market access, and reputational damage. Here are couple of examples where due to GDPR compliance violation organization had to pay penalties. https://dataprivacymanager.net/5-biggest-gdpr-fines-so-far-2020/ . One of them is for Meta (formerly facebook). In May 2023, the Irish Data Protection Commission (DPC) imposed a historic fine of €1.2 billion on Meta for transferring European users personal data to the United States without adequate protection mechanisms.
- Payment Card Industry Data Security Standard (PCI DSS)- ensures secure handling of credit card information to prevent fraud. It protects cardholder data from unauthorized access during transactions. Violations may result in fines from card brands, loss of ability to process payments, and reputational harm to merchants.
- California Consumer Privacy Act (CCPA) of 2018- enhances privacy rights for California residents. It safeguards personal information from unauthorized access, sale, or disclosure. Violations may lead to civil penalties, class action lawsuits, and loss of consumer trust and business opportunities.
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