4. Privacy Laws and Regulations

Question 1

4.2

Approaches for Governing Policy

Answer 1

1. Should Privacy be considered a ‘Fundamental Human Right’?
2. Is Personal data a commodity-subject to markets? Should the economic value of data be considered and recognized?
3. Should Governance be left to markets & self-regulation - aided by law?
4. Does a country or geography need to have a comprehensive legislation? Do sectoral laws make sense?
5. Should data flows - especially across borders - be restricted and/or governed?
6. Should there be a strong regulatory infrastructure overall?

Question 2

4.3

Categories of Regulations

Answer 2

1. Generic v/s Prescriptive
2. State v/s National Regulations
3. Functional v/s Entity Regulations
4. Self v/s Co-Regulation
5. Privacy Codes

Question 3

Regulatory Landscape

Answer 3

Designed to control human or societal behavior. Necessary for smooth functioning of business and government activities. Consists of :

1. Legal Framework
2. Laws
3. Rules and Regulations
4. Policies
5. Guidelines
6. Standards

Question 4

Drivers to Privacy Laws

Answer 4

1. Common Understanding
2. Data Collection
3. Data Processing
4. Technology Advancement & Enhanced Connectivity
5. Context Availability and its processing
6. Analytics and profiling
7. Products and Services
8. Global ICT Supply Chain, Hyper Specialization and Global Sourcing
9. Trans-border Data Flows and Cloud Services