The California Consumer Privacy Act provided plaintiffs with a private right of action to pursue statutory damages following data security breaches that impact certain sensitive categories of personal information and are caused by a business’s failure to institute reasonable and appropriate security. Although the CCPA does not permit private suits with respect to alleged violations
A controller refers to the entity that determines the “purposes and means” of how personal data will be processed. [1] Determining the “means” of processing refers to deciding “how” information will be processed.[2] That does not mean, however, that a controller must make every decision with respect to the processing of information.
The European
The term controller refers to the entity that determines the “purposes and means” of how personal data will be processed.1 Determining the “means” of processing refers to deciding “how” information will be processed.2 That does not mean, however, that a controller will make every decision with respect to the processing of information.
The
One of the provisions in the ISO 29100 privacy framework is that the top management of an organization should “establish a privacy policy” that, among other things:
The privacy policy envisioned under
The terminology used by the ISO 29100 privacy framework arguably most closely aligns with the terminology used under the GDPR. The following chart provides a side-by-side comparison of commonly used terms and concepts as they appear in the European GDPR, the California CCPA, and the newly passed Virginia Consumer Data Protection Act.
| ISO 29100 | Europe |
Unlike other privacy frameworks that recommend that companies be scored or self-score, using a maturity model (e.g., a score from one to four), the ISO 29100 privacy framework does not identify a specific methodology for assessing compliance or maturity.
The ISO 29100 privacy framework does not include formal requirements that a company must follow, but it does provide bullet points under each of its proposed principles that discuss what it means to adhere to the principle and many organizations refer to those bullet points as proposed controls. In total, the original version of the
The ISO 29100 privacy framework sets forth the following eleven core principles:
1. Consent and choice
2. Purpose legitimacy and specification
3. Collection limitation
4. Data minimization
5. Use, retention and disclosure limitation
6. Accuracy and quality
7. Openness, transparency and notice
8. Individual participation and access
9. Accountability
10. Information security
11. Privacy compliance
In 2011, the International Organization for Standards technical committee on Information Security, Cybersecurity and Privacy Protection developed a privacy framework that was intended to propose common privacy terminology, define the roles of different organizations with respect to privacy, and establish core privacy principles.1 The result was the publication on December 15, 2011, of the
There are few published statistics regarding the adoption rate of privacy frameworks. The statistics that do exist have questionable reliability, primarily owing to sampling bias and self-reporting bias. For example, studies that ask clients of an organization that creates a privacy framework whether they adopted the privacy framework are likely to overreport adoption rates, as