Global Data Privacy, Data Protection & Human Rights Report, 2018

Understand the nuances of Data Privacy in Major Markets Globally

Report Description

In this “Information Age” where the technological innovation has enhanced so much that many aspects of the Internet and digital economy has emerged. Today these innovations have led to the development of Artificial Intelligence and Internet of Things. But this transformation in the lifestyle of the individuals has raised many questions as well. As and when the technology is upgrading its repercussions are also increasing, and it is the need of the hour to address the adverse effects of technology.

The Global Data Privacy, Data Protection and Human Rights Report, 2018 focuses on a wide range of issues as to how technology has over powered its users, and how it has made an everlasting impact on every individual’s life. The object of the report is to address “Privacy” and “Protection” which are key concerns in this digital age. New innovations and technological development made in this stint are all user centric. And safeguarding the rights of users is very necessary.

The report evaluates that the direct and indirect cost of losses incurred by the companies due to data breaches in 2017 amounts to 1.6 trillion USD. The report has evaluated total losses due to data breaches by taking various variables including – number of total data records lost in data breaches, probability of being attacked as per the type of industry, and calculated the financial impact on businesses due to a single data record breached.

The report explains the importance of integration among societal, legal and economic aspects of this information age. Along with that it has also explained, that governmental norms and policies play a major role to keep a check on discrepancies like breach of privacy that occur due to technological upgradation. The report has analysed that the word “Privacy” is mentioned in more than 80% of the world’s constitution directly and indirectly.

The report has included 9 countries along with European Union. From Asia it includes Israel, South Korea, China and India, from Eurasia it includes Russia. From Latin America it includes Brazil, from North America it has included Canada and United States of America and from Africa it has included South Africa.

According to the report, more than 35% internet users of EU are not capable of protecting and safeguarding their personal information such as their content on social media platforms, their geographical location and their browsing behaviour.

The problems related to data privacy and protection are not merely problems but it is the part of the journey that has been taken up with the advancement and evolution of technology. Each and every aspect of human life is now in some way or the other related to the internet. And human beings rely more on machines now rather than their own self. According to the report the total number of connected devices will reach up to 40 billion by 2020. The reliance on technology has proved to be heinous in a lot of ways.

Personal information and personal data are not only important to an individual but also for businesses and government. The global economy today runs on data with 3.6 billion GB data produced every day. It is the epicentre of the flow of transactions that occur every second. As per the report more than 52% of the cyber-attacks are targeted to public and health sector.

The scope of making this report is as vast as one can think. Amidst all these crucial important facets of technology, people have forgotten what cost will they have to pay if this technology backfires and create a persona that is harmful to the humankind. Yahoo Data Breach case in which more than 1 Billion data records were stolen, is one of the best examples that proves how technology has started to create a ruckus in this digital age.

Information, big data, Internet of things are terms that are most widely used whenever technological advancements and innovations are discussed. The main point to focus here is that how these data sets are collected and how is it being used. In a world where crime is something as common as breathing these questions often worry individuals, businesses, and government. From surveillance to privacy to protection and safeguarding of privacy all these clashes have evolved with time.

Technology will always be one step ahead of a human being and the gap needs to be bridged as soon as possible because more and more innovation can cause a very antagonistic environment globally.

Many developed and developing nations with 4 Billion internet users have shown concerns regarding the basic human right protection of individual’s privacy which is just a stepping stone in this field. In this technology-driven era, it is very hard to fill in the void between the legislatures and technology. Even though it is a herculean task, but still many economies are continuously working towards the protection of personal data by enacting various laws and rules which are further mentioned in the report.

Companies losses reach up to 1.6 trillion USD due to data breach in 2017

Table of

Contents

Table of Contents

1.    Executive Summary
2.    Scope and Approach
3.    Definitions & Approach

Section 1 – Data the New Oil
4.    Background
    4.1.    An Era of Transition towards Data
    4.2.    Data Privacy & Smartphone Apps
    4.3.    Non-State Actors - Dark Web & Need for Data Protection   
5.    Governance & Enforcement
    5.1.    The Advent of Privacy
    5.2.    The Moral Hazard

Section 2 – The Peril of Connectedness
    5.3.    Economics of Data Losses
    5.3.1.    The Butterfly Effect
    5.3.2.    Data Breaches - Privacy infringement of businesses & Users
    5.4.    Data – An Asset under threat
    5.4.1.    Distribution of Cyber Attacks by Industry
    5.4.2.    Records lost & Compromised by Major Companies
    5.5.    Stock Market & Response to Data Breaches, Data Theft & Espionage

Section 3 – User Safety – A humane Need
6.    Global Privacy Perception Index
    6.1.    Perception by Age Group, Sex & Internet Usage
    6.1.1.    Personal Information
    6.1.2.    Legal Rights
    6.1.3.    Awareness
    6.1.4.    Disclosure
    6.1.5.    Surveillance
    6.2.    Perception by Region
    6.2.1.    North America
    6.2.2.    European Union
    6.2.3.    Asia
7.    The User Response – Facebook & Cambridge Analytica

Section 4 – Jurisdictions & Governance on Data Privacy & Protection
8.    Legal - International laws on Data Privacy
    8.1.1.    Universal Declaration of Human Rights,1948
    8.1.2.    UN guidelines for the regulation of Computerized Personal data files
    8.1.3.    international Covenant on Civil and Political Rights
    8.2.    Multinational Agreements on Data Privacy, Data Transfer & Data Protection
    8.2.1.    APEC Privacy Framework        
    8.2.2.    OECD Privacy Framework        
    8.2.3.    EU-US Privacy Shield  
9.    Brazil - Data its impact on Society & Governments Response
    9.1.    Legal Frameworks on Data Privacy & Data Protection in Brazil
    9.2.    Digital Transformation – Harnessing Data for Inclusion
    9.3.    Tipping Point – Surveillance from Global Power
10.    Canada – Data its impact on Society & Governments Response
    10.1.    Legal Frameworks on Data Privacy & Data Protection in Canada
    10.2.    Digital Transformation – Politics & Social Media
    10.3.    Threat – Privacy infringement publicly
11.    China - Data its impact on Society & Governments Response
    11.1.    Legal Frameworks on Data Privacy & Data Protection
    11.2.    Digital Transformation – The m-commerce Revolution
    11.3.    Threat – Breach of online behaviour, activity & private data
12.    European Union - Data its impact on Society & Governments Response
    12.1.    Legal Frameworks on Data Privacy & Data Protection
    12.2.    Transformation – Health Services for an ageing population
    12.3.    Threat – The Right to be forgotten
13.    India - Data its impact on Society & Governments Response
    13.1.    Legal Frameworks on Data Privacy & Data Protection
    13.2.    Digital Transformation – More Governance & less Government 
    13.3.    Threat – Biometrics, Identities & access to data
14.    Israel - Data its impact on Society & Governments Response
    14.1.    Legal Frameworks on Data Privacy & Data Protection
    14.2.    Digital Transformation – Cyber Security & Cyber Intelligence
    14.3.    Threat – The Power of External forces
15.    Russian Federation - Data its impact on Society & Governments Response
    15.1.    Legal Frameworks on Data Privacy & Data Protection
    15.2.    Digital Transformation – Using Data to harness SMEs and mitigate Sanctions
    15.3.    Threat – Eyeing the blogger
16.    South Africa - Data its impact on Society & Governments Response
    16.1.    Legal Frameworks on Data Privacy & Data Protection
    16.2.    Digital Transformation – Technology for Women Safety
    16.3.    Threat – Social Media & its impact on Family life
17.    South Korea - Data its impact on Society & Governments Response
    17.1.    Legal Frameworks on Data Privacy & Data Protection
    17.2.    Digital Transformation – Chats, Messaging, Shopping & Apps
    17.3.    Threat – Data Breach of critical health information
18.    United States - Data its impact on Society & Governments Response
    18.1.    Legal Frameworks on Data Privacy & Data Protection
    18.2.    Digital Transformation – Revolutionizing Transportation & Commute
    18.3.    Threat – Businesses in Target for consumer data

Section 5 – Insights for Sustainable Business Growth
19.    Strategic Insights
    19.1.    The Indispensable Technology: Of the People, by the People & For the People
    19.2.    User: The Irreplaceable
    19.3.    Internet of Things, Smart Cities & Privacy
20.    Recommendations

List of

Graphs

List of Graphs

  1. Average Distribution of Cyber Attacks by Type of Industry (Percentage), 2005-2017
  2. Number of Data Records lost by Tech Giants (Million), Up to 2017
  3. Number of compromised data records in selected data breaches (Million), up to 2017
  4. Top 10 Countries with Highest Privacy Score, 2017
  5. Number of Internet Users in Developed and Developing nations (Billion), 2007-2017
  6. Volume of Data Produced Every Day (Million GB), 1992-2017
  7. Number of Data Records lost in Web Based Industry (Million), 2004-2017
  8. Type of Secondary information Fetch by Apps to Track Behaviour (Percentage), 2017
  9. Type of Primary Information Fetch by Apps to Track Behaviour (Percentage), 2017
  10. Type of App Permissions that can access the User Information(Percentage), 2017
  11. Number of Data Records Stolen by Apps (Million), 2017
  12. Top 15 Vulnerable Apps by Number of Permissions required, 2017
  13. Share of businesses having deployed or deploying an enterprise-wide encryption strategy(Percentage), 2005-2015
  14. Share of Consumer Data Traffic per Month (GB Million), 2017
  15. Number Data Breach and Number of Data Record Stolen(Billion), 2012-2017
  16. Total Data Record Stolen from Government Organizations (Million), 2006-2016
  17. Government Data Breaches where more than 1 Million data records have stolen (Million), 2006-2017
  18. Number of Brazil's Commercial bank branches (per 1,000,000 adults), 2010-2017
  19. Number of Privacy Complaints Closed in Canada, 2007-2016
  20. Type of Issues Raised in Privacy Complaints in Canada(Percentage), 2007-2016
  21. Increasing Trend of Twitter Followers of Justin Trudeau(Million), 2015-2017
  22. Number of privacy complaints received in European Union, 2004-2016
  23. Type of Issues Raised in Privacy Complaints in European Union (Percentage), 2004-2016
  24. Distribution of People allowing Internet to use personal information in European Union(Percentage), 2017
  25. Use of Big Data in Industries by Data Source(Percentage), 2017
  26. Share of Cases Registered Under Cyber -IT Act of India(Percentage), 2016
  27. Number of Cases Registered under Cyber Crime by Category(India), 2017
  28. Number of Blocking Incidence of Social media URLs in India, 2014-2017
  29. Number of Cases of Cheating using computer as a medium of target to harm financial sector in India, 2013-2015
  30. Budget Allocated by Government to Tackle Cyber Crime in India (Rs Crore), 2014-2017
  31. Increasing rate of Cyber Crime in India, 2008-2016
  32. Budget Allocated to Aadhar Scheme by Function in India(Percentage), 2017
  33. Number of Aadhar Enrolment Agencies by State in India, 2017
  34. Number of cases related to Aadhar Fraud in India, 2017
  35. Amount involved in Aadhar Fraud in India( lakh Rupees), 2017
  36. Number of Ashley Medison Users by City in India(Thousand), 2017
  37. Network of Cyber Security Start-ups and Venture Capitalist in Israel, 2017
  38. B2C Domestic Online Retail Market of Russia (USD Billion) , 2012-2020
  39. Number of Criminal Cases in South Africa(Million), 2011-2020
  40. Number of Cases of personal information holdings in Public Institution of South Korea, 2017
  41. Number of Cases of Private Information holding by Private Sector of South Korea, 2017
  42. Number of Fraud Complaints of Consumer Sentinel Network in USA (Thousand), 2001-2016
  43. Number of Identity Theft Complaints of Consumer Sentinel Network in USA (Thousand), 2001-2016
  44. Number of Financial Records lost in Financial Organisations (Million), 2017
  45. Number of Data Health Record Stolen by Health Organisations (Million), 2017
  46. Number of Total Data Records lost in Financial Sector Globally (Million), 2005-2017
  47. List of Companies which has lost more than 100 Million data records in Breaches(Million), 2017
  48. List of Telecom Companies that has lost more than 1 Million data records Globally(Million), 2017
  49. Number of Data Record Lost by Year in Telecom Sector (Million), 2006-2017
  50. Number of Connected Devices Globally (Billion), 2012-2020
     

Countries Analysed

  1. Brazil
  2. Canada
  3. China
  4. European Union
  5. India
  6. Israel
  7. Russia
  8. South Africa
  9. South Korea
  10. United States of America

A Complete Analysis of 10 Countries

Laws

Analysed

International, National and Regional Laws

International Laws

  1. Universal Declaration of Human Rights,1948
  2. UN guidelines for the regulation of Computerized Personal data files (1990)
  3. international Covenant on Civil and Political Rights, 1966 (ICCPR)

Multinational Agreements and Framework

  1. APEC Privacy Framework
  2. OECD Privacy Framework
  3. EU-US Privacy Shield

Brazil   

  1. Civil Code, 2002
  1. The Consumer Protection law, 1990
  2. Credit Information Law, 2011
  3. Marco Civil da Internet, 2014

Canada

  1. Privacy Act, 1983
  2. Personal Information Protection Electronic Documents Act (PIPEDA), 2000

China   

  1. PRC Tort Law, 2009 enforced 2010
  2. PRC Criminal Law, 1997
  3. Ministry of Industry and Information Technology (MIIT) circulated resolutions on Standardizing Market Order for internet information services, The draft Network Security Law(NSL), 2015

European Union

  1. European convention on Human Rights (ECHR), initially 1959, permanent 1998
  2. Convention 108, 1981
  3. EU Data Protection Directive, 1995
  4. General Data Protection Regulation (GDPR), 2016 enforceable 2018

 

India    

  1. Indian Penal Code, 1860
  2. Draft Right to Privacy bill, 2013
  3. Information Technology Act 2000
  4. The Data (Privacy and Protection) Bill, 2017
  5. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
  6. Information Technology (Intermediaries guidelines) Rules, 2011.
  7. Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
  8. IT Security Guidelines
  9. Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
  10. Aadhar Regulations

 

Israel

  1. Privacy Protection Law(PPL), 5741-1981
  2. Privacy Protection Regulation, 2001

Russia 

  1. Data Protection Act no. 152 FZ, 2006
  2. Information Protection Act No. 149 FZ, 2006
  3. Delisting law, 2015 enforced 2016

 

South Africa     

  1. The protection of Personal Information Act (PPI Act), 2013

 

South Korea

  1. The Protection of Personal Information Act (PIPA), 2011
  2. Information and Communication Network Utilization and Information Protection (IT Network Act), 1986 enforced 1987,
  3. Use and Protection of Credit Information Act (UPCIA), 1995
  4. Act on Real Name Financial Transactions and Guarantee of Secrecy (ARNFTGS), 1997

United States of America             

  1. Privacy Protection Act, 1974
  2. Electronic Communications Privacy Act, 1986
  3. Wiretap Act, 1986
  4. The Stored Communications Act and the Pen Registration Act, 1986
  5. Fair Credit Reporting Act (FCRA), 1970
  6. Cyber Security Information Sharing Act, 2015
International, National and Regional Laws

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