Federal privacy laws protect citizens’ personal information and activities, including medical records, financial transactions, and communication behavior. Major laws include HIPAA, COPPA, the Electronic Communications Privacy Act, and the Financial Modernization Act. These laws require entities to inform and obtain permission from individuals before sharing their information, and to maintain a secure environment for electronic data. The Patriot Act expanded the government’s right to access personal information for national security purposes. The Financial Modernization Act protects individuals’ right to know how their personal information is collected and shared, and requires entities to take security measures to prevent illegal access.
Federal privacy laws generally address the expectation of a nation’s citizens that their personal information and activities are protected. Most federal privacy laws were written as a guide to how people’s financial transactions, medical records, and communication behavior are protected and shared. Some of the major federal privacy laws passed in the United States, for example, include the Health Information Portability and Accountability Act (HIPAA), the Children’s Online Privacy Protection Act (COPPA), the Electronic Communications Privacy Act, and the Financial Modernization Act of 1999.
The HIPAA Privacy Rule, passed by the US Legislature in 1996, maintains the privacy of medical records. HIPPA requires entities covered by this federal legislation not to disclose a patient’s medical history and current care without that patient’s knowledge and approval. Entities covered by this law include health insurance companies, health care facilities, and repositories charged with collecting and disseminating health information.
A general rule of thumb before a covered entity may disclose personal health information is to inform the patient. Once informed, the patient must also give permission to allow sharing of medical records. Typically, a patient also has a right to expect that health information held by such entities will be maintained in a secure environment, particularly when medical information is in an electronic medium.
Some federal privacy laws are also enforced to protect children’s privacy on the Internet. In 1998, the US Congress passed COPPA to protect children age 12 and younger. The purpose of COPPA is to require online companies that market children to notify parents when private information is being collected. Parents typically need to consent to this information collection before it is used in business practices. This privacy law also gives parents the right to view information to protect themselves from discrepancies or abuse.
With the Electronic Communications Privacy Act of 1986, US federal privacy laws related to wiretapping received clearer definitions of privacy expectations. Communications considered privileged have been expanded to include new forms of electronic communication. In addition, the restrictions imposed on the way communications are transmitted before benefiting from legal protection have been changed with this law.
After the September 11, 2001 terrorist attacks, the US Congress passed the Patriot Act. This law expanded the government’s right to access the financial transactions and personal communications of individuals suspected of engaging in terrorist activity. Some believe the Patriot Act enforces the right to privacy, but is necessary to protect national security.
Whenever a person conducts business with a financial institution, personal information such as employment history, income, and previous residences is often collected. In the United States, the Financial Modernization Act of 1999 was passed to protect privacy rights about how this information is shared. Also known as the Gramm-Leach-Bliley Act, this privacy law has two specific rules that financial institutions and other entities that market products and services to an individual should follow. The financial privacy rule requirement protects an individual’s right to know how personal information is collected and whether that information is shared with other institutions. In general, entities are also required to take security measures to protect this information and prevent illegal access to personal data.
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