Privacy laws protect individuals from exploitation or exposure of private information. The internet brought new challenges, and laws vary by jurisdiction. Data breach and communication tracking are common types of internet privacy laws, while penal laws address computer crimes. Companies operating in multiple jurisdictions must ensure compliance with each location’s privacy standards.
Individual privacy rights are important aspects of the legal system in almost every country. While no two privacy laws or regulations are the same, they all serve the same purpose: to enable people to act and speak without fear that things said and done in private will be exploited or exposed. The advent of the Internet brought new privacy protection challenges, and the Internet privacy laws that followed were diverse and far-reaching. There are many different types of privacy laws on the Internet, ranging from employee email communications protections and social network data relay restrictions to browser monitoring activities and online data breaches.
The United States is one of the few countries in the world that lacks a general privacy law. In the United States, privacy, including privacy on the Internet, is regulated at the state level. Some state Internet privacy laws prohibit companies that store electronic customer or customer information from dispersing that information without specific consent, while others impose certain data protection measures to prohibit unintentional disclosure or posting on the Web. These are generally known as “data breach” or “data protection” laws. Data breach laws are one of the most common privacy laws on the Internet and are in effect in nearly every state in the United States, as well as in the European Union, Canada, and Australia, among other countries.
Another common type of Internet privacy law involves tracking communications. The Internet is fast becoming one of the main communication tools. Email, instant messaging, and social networking interactions are among the platforms on which Internet users connect with each other. Sometimes, however, these communications can be monitored, particularly on a workplace or public computer. Many states and countries place restrictions on how and under what circumstances computer owners can monitor Internet communications that occur on their networks.
Likewise, data usage and internet connectivity statistics are sometimes considered private information. In some places, Internet service providers need to be clear and transparent in their data monitoring activities to comply with applicable law. It is usually illegal for an Internet service provider to alter a subscriber’s quality of service or to stop service entirely based on how the service provider thinks the subscriber is using the connection.
Ensuring privacy online is often not as challenging as meeting the specifics of a particular Internet privacy law. Even Internet privacy laws that cover the same ground are often different in specific scope or requirements. Some data breach laws require specific disclosure in writing to all potentially affected individuals, while others require all users to affirmatively consent to a provider’s terms when providing services. Some laws prohibit tracking employee email communications across the board, while others set certain restrictions and metrics on tracking that are and aren’t acceptable. Companies operating in more than one jurisdiction must take special care to ensure that their operations meet the privacy standards of each location.
Laws prohibiting computer crimes, such as email hijacking, identity theft, and electronic fraud, as well as laws promoting Internet safety, are in effect in most jurisdictions, but are generally considered crime laws information technology, not Internet privacy laws. Privacy laws specifically address individual privacy and the privacy of personal information, and cover activities that typically would not be punishable except for the privacy laws that apply to them. Penal laws are typically stricter and carry tougher penalties. While one could potentially prosecute email hacking, for example, as an invasion of privacy, criminal laws typically produce a more favorable and more pecuniary outcome.
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