Welcome to our next blog post where we will be talking about internet privacy views in my home country Belgium, Europe and in the United States of America. This research has been conducted in preparation for the course E Skills. In the following report you will see an overview of what is known about the internet privacy. In these three countries and will we also make a comparison about the differences and similarities.
How did i solve this assignment?
To find the needed information i have conducted research on official government websites that provided the information needed to make an accurate comparison and explanation that offers us a valuable insight. The sources and websites used for the conducted research and report results are to be found further in the bibliography.
Instructional video internet privacy across countries
This video is a nice addition to our research topic of today since it features 60 countries in two minutes. It offers us with a short but interesting take on (internet) privacy laws worldwide and gives us a grasp of what we can expect crossing (inter)national borders.
(PDO Adviser, 2019)
PDO Adviser. (2019, June 6). World Privacy Laws 60 Countries 2 minutes. Retrieved from Youtube: https://www.youtube.com/watch?v=LS50HA8lC-M
1. Internet privacy in Belgium
Since Belgium is relatively small and under regulatory guidance of the European Union the views on internet privacy fall under similar restrictions and regulations as the ones in Europe where we will dig in deeper in the next topic. However while conducting research we have found some information with regards to the current regulation. We hereby cite a few articles found on law reviews in an article written by Steven De Schrijver to enlighten us about the Belgian regulations.
We see a reference to the Belgian law book article 22 which states that under the Belgian constitution , that every citizen is entitled to privacy protection of nature of him or herself and those of the relatives. There are also made references to the act of 28 November 2000 on Cybercrime, the act of June 13 2005 on electronic communications, The Book Xii which is better known as the book of Electronic Economy dated from 3 December 2017 in the Data Protection Authority. Followed by the General Data Protection Regulation from 2016/679 which is, as mentioned the EU legislation on data protection and (online) privacy. We also have the act of 30 July 2018 that protects Natural Persons and data. All these legislations have been applied in order to prevent cyber crime and offer security to the Belgian citizens. This legislation also provides procedures for cybercrime. The legal system in Belgium with regards to (cyber) crime is followed by the rules and procedures in the Belgian constitution that are in line with agreements made for all EU member states. A big and important notice is on the GDPR which stands for the General Data Protection Regulation. This rule means as much as that the right to privacy is protected in the Belgian constitution. This applies to Belgian citizens and foreigners who wish to live in Belgium or immigrate. Due to the European convention on Human Rights and Fundamental Freedom (charter of Fundamental human rights of the European Union), we can see that there is a legal right to respect private and family life and personal data protection applying in Belgium, with regards to Article 8 in the Belgian legislation.
With regards to cyber security threats the current legislation is still lacking behind in some and the security is insufficient in comparison to the actual problems and cyber crime that keeps rising. Which means that the EU cybersecurity tools are still underdeveloped to fully secure the (online) safety of the Belgian and European citizens and businesses. This bring us to February 2022, where the Belgian Data Protection Authority invalidated (DPA) IAB Europe’s Transparency and Consent Framework (TCF). This framework is known to be used for managing user preferences in online adds and plays a vital role in real time bidding. The DPA’s main focus is on specific roles of the GDPR. Roles include data protection officer, the lawfulness of data processing activities etc. Known and recent issues addressed and accessed by DPA include cookies, data subjects rights, online marketing and breaches of the fundamental GDPR principles. Belgium is also a member of the Council of Europe which means that they have collaboratively implemented the convention on cybercrime with the additional requirements related to the criminalization of racist and xenophobic acts through the internet. Belgium also has its own Centre for Cybersecurity (CCB). Their main responsibility is monitoring cybersecurity, managing cybersecurity related issues, project development, legislative changes and offering guidelines for securing public sector IT systems. In the telecommunications sector, requiring them to immediately report breaches to the Data Protection Authority (DPA) and affected data subjects. The GDPR also mandates data controllers to report personal data breaches to the DPA within 72 hours. The number of data breach notifications in Belgium has been increasing over the years, but it is still relatively low compared to some other countries like the Netherlands but the threat is still very real and the regulations are insufficient to generate the best results. This threat has also increase due to the past pandemic and the increasing cybercrime and digital fraude relating to this. The DPA's plan from 2020 to 2025 includes a focus on the processing of personal data by governmental authorities, direct marketing, online data protection (including cookies), the role of Data Protection Officers (DPOs), and public awareness of privacy issues. Belgium presented a 'Cyber Strategy 2.0' to enhance cybersecurity measures, increase public awareness, and establish diplomatic procedures for dealing with cyberattacks. The EU's new package of cybersecurity tools, including a revised NIS Directive, is expected to strengthen the legal cybersecurity framework. The implementation of the ePrivacy Regulation, which aims to reinforce trust and security in digital services, has been delayed due to ongoing negotiations, potentially pushing its implementation to 2023 or later.
(Schrijver, 2022)
(Crowell & Moring LLP - Belgium, 2022)
2. Internet privacy in Europe
From assessing Belgium and their legislation and take on internet privacy we have already came across several relevant information that is also applicable to Europe. For instance we see here again that there is being referred to the EU GDPR (European General Data Protection Regulation) which guarantees protection of individuals and their personal data by the established rules that provide guidance on how this data should be collected processed and used. This legislation and rules applies to both EU-based organizations and companies as well as to those that are based outside of the EU that offer goods and services to individuals of the EU. This way they offer a consistent service level of protection across the region and try to provide a safety feeling from within the EU legislation. In the GDPR there is made emphasis on the need to have explicit and direct consent from individuals before processing personal data. In the GDPR there is also clear provided guidelines on how this consent should be obtained. There are, similarly to what we have seen for Belgium, data controllers and processors who hold the responsibility to ensure that the personal data is processed securely and protected from misuse and or cybercrime. The GDPR is the main security outlet that offers individuals rights with regards to internet privacy. Examples of these rights are for instance the right to access their personal data, request corrections and the right to be forgotten which enables the user to request to erase their data under certain circumstances. With this legislation the GDPR also provides the right to objection of processing of personal data for certain purposes such as direct marketing for instance. With regards to companies and organizations there are clear guidelines that state that they must provide transparency and easy accessible information about their own data processing practices. This includes purposes, retention periods and recipients of the data. In case of breach the GDPR imposes strict penalties including large fines which set the bar for companies to ensure that their policies are tailored to the legislation and regulation of the GDPR.
(Your Europe EU, 2022)
(Union, n.d.)
3. Internet privacy in the United States of America
Looking at the data protection and internet privacy of the US we need to go back to the 1974 privacy acts which stats how federal agencies can collect and make use of data about individuals. This act provides individuals the right to request their personal records and have protection against unwarranted invasion of privacy. That however seems to be pretty much all of the legal data governing policies that the US applies since it doesn’t have a regulated use of for instance data collection or fixed online privacy policy. While conducting research it was clear that the US citizens and Americans in general are genuinely concerned about their internet privacy because it lacks control and legislation. The majority of the American population believes that both the government and companies track and monitor their online and offline activities regularly. As much as 60% of the population believes that they cannot live their daily lives (online) without being monitored and without having data collection of them since the US does not regulate this. By having no clear policy the people in the US are also concerned about their general lack of control over the data that is being collected by them and their online privacy. The general websites include a terms and agreements that one must click in order to agree on the data collection however it is found that most people actually browsing never read them. Cyber crime is also as of today a very serious threat in America with numerous cases reported about for instance credit card theft, id theft and other fraudulent activities. In general the public of the US does not feel secured with regards to their online privacy and they have little to no trust in the US government to provide that for them.
(Murray, 2023)
(PEW RESEARCH CENTER, 2019)
Comparison and conclusion
If we look at the information that we have now gathered about Belgium, Europe and the United States of America we can clearly see a clear distinction in rules, legislation and safety measures. Belgium aligns with the EU policies and has a clear legislation and fixed security system that enables the people of the EU and Belgium citizens to feel safe and secure. In the US we see the complete opposite. People are not being guarded by an official legislation and cyber crime and online privacy is much further than what we have seen in the two previous examples. To summarize Belgium has strict data protection laws related to its membership to the European Union. The GDPR also known fully as the General Data Protection Regulation is their ground rule. It offers privacy protection for citizens and foreigners living in Belgium. To support the GDPR Belgium also has the DPA, Data Protection Authority that monitors and enforces data protection laws, addresses breaches etc. When we assessed Europe we noticed a lot of similarities unsurprisingly because Belgium is a part of the European Union. For Europe there is the same application of the GDPR and that applies to all EU member states and collaborating organizations that offer goods and services to EU individuals. With the GDPR there is an emphasis on getting direct consent for data processing of the individual user this to ensure the data privacy the EU stands for. Organizations and companies operational in the EU must also to be in line with the regulations and legislation be transparent about their data processing practices. If they do not follow these requirements they are punished with significant fines for non-compliance with the GDPR. The listed elements mentioned are things we don’t see when looking at the United States information on internet privacy. The US does not have a comprehensive federal data protection law in contrast to the EU. Therefor our starting point is the Privacy act of 1974 which governs the data collection and use by federal agencies. However, this act lacs regulation and online privacy policies in general. As a result, Americans feel a lack of control and reassuring when it comes to their online safety and internet privacy. They feel monitored and tracked in their online and offline lives on almost a daily basis. Cybercrime is a significant threat in the US just as it is in Belgium and in Europe but in the US there is a huge lack of strong data protection provided by laws which makes the general public validly concerned.
In conclusion, both Belgium and Europe have a strong data protection regulation system through the GDPR. By emphasizing this system there is a strong sense of general data and privacy protection and clear guidelines. However just like in any other country of the world cyber crime is still a very real threat and the systems still need to be evolving everyday in order to keep facilitating that internet privacy and safety of data through their GDPR and DPA. The US on the other hands lacks a comprehensive federal data protection law or system that facilitates the internet privacy and security of the US citizens who have valid concerns about their online privacy and cybercrime threats. The contrast in data protection laws and measures highlights the importance of a clear and stringent regulation to safeguard the internet privacy of individuals all around the world.
Bibliography
Beens, R. E. (2020, July 29). The Privacy Mindset Of The EU Vs. The US. Retrieved from Forbes: https://www.forbes.com/sites/forbestechcouncil/2020/07/29/the-privacy-mindset-of-the-eu-vs-the-us/
Crowell & Moring LLP - Belgium. (2022, November). Belgium data protection overview. Retrieved from OneTrust, LLC.: https://www.dataguidance.com/notes/belgium-data-protection-overview
Murray, C. (2023, May 25). U.S. Data Privacy Protection Laws: A Comprehensive Guide. Retrieved from Forbes: https://www.forbes.com/sites/zacheverson/2023/07/23/donald-trump-received-575-million-in-royalties-for-a-book-that-largely-features-photos-in-the-public-domain/?
PDO Adviser. (2019, June 6). World Privacy Laws 60 Countries 2 minutes. Retrieved from Youtube: https://www.youtube.com/watch?v=LS50HA8lC-M
PEW RESEARCH CENTER. (2019, November 15). Americans and Privacy: Concerned, Confused and Feeling Lack of Control Over Their Personal Information. Retrieved from Pew Resarch Center: https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/
Schrijver, S. D. (2022, October 27). The Privacy, Data Protection and Cybersecurity Law Review: Belgium. Retrieved from The Law Reviews: https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/belgium#:~:text=Belgium%2C%20as%20a%20member%20of,and%20foreigners%20living%20in%20Belgium.
U.S. Government Accountability Office. (2019, February 19). Your Internet Privacy. Retrieved from GAO: https://www.gao.gov/blog/2019/02/19/your-internet-privacy
Union, E. (n.d.). Digital privacy. Retrieved from Digital Strategy EC Europa : https://digital-strategy.ec.europa.eu/en/policies/digital-privacy#:~:text=The%20EU%20GDPR%20ensures%20that,misuse%20and%20respect%20certain%20rights.
Your Europe EU. (2022, January 7). Data protection and online privacy. Retrieved from Your Europe : https://europa.eu/youreurope/citizens/consumers/internet-telecoms/data-protection-online-privacy/index_en.htm
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