🆕  2025 U.S. State Privacy Laws: what you need to know

What is data privacy?

Learn what data privacy means, why it’s important, and how to protect personal information through best practices, compliance, and secure data management.
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6 min read
Last updated
December 17, 2024
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In today’s digital-first world, data is one of the most valuable assets individuals and businesses possess. With the rapid growth of online services, ensuring the privacy and security of personal information has become more crucial than ever. Data privacy isn’t just a technical requirement; it’s a fundamental aspect of modern life, balancing individual control and organizational responsibility.

Let's explore the key aspects of data privacy, why it matters, common challenges, and best practices for safeguarding sensitive information.

What is data privacy?

Data privacy refers to managing personal information responsibly, allowing individuals to control what data they share, who can access it, and how it’s used. It involves protecting sensitive data like medical records, financial details, and personal identifiers through legal, technical, and ethical measures. Proper data privacy ensures trust, prevents misuse, and supports compliance with laws like GDPR and CCPA.

What is data privacy compliance?

Data privacy compliance involves adhering to legal standards and regulations like GDPR and CCPA to manage personal data responsibly. It requires businesses to implement measures such as securing user consent, protecting sensitive data through encryption, ensuring transparent data use, and enabling data access or deletion upon request. Compliance helps avoid legal penalties while fostering trust through ethical data management practices.

Read more: Data privacy compliance

Additionally, data privacy is inseparable from the concept of "sensitive personal data."

What is sensitive personal data?

Sensitive personal data refers to data that includes details that reveal important information about someone, such as medical records, bank details, or other personal identifying details. Proper management of this data outlines the essence of data privacy.

Read more: Sensitive personal data

Why is data privacy important?

Data privacy ensures the confidentiality, integrity, and availability of personal and business information. It helps prevent identity theft, fraud, and reputational damage while enabling businesses to comply with global regulations such as GDPR, CCPA, and emerging data privacy laws worldwide.

Here are key reasons why data privacy matters:

  1. Protection against cybercrime: Data privacy reduces the risk of cyberattacks such as identity theft, financial fraud, and data breaches, which can cause personal and financial harm.
  2. Consumer trust: Businesses that prioritize data privacy build trust with their customers. When individuals know their data is handled responsibly, they are more likely to engage and share information.
  3. Legal compliance: Data privacy is essential for complying with regulations like GDPR and CCPA. Non-compliance can result in hefty fines and legal consequences.
  4. Business reputation: A strong data privacy strategy protects a company’s reputation by minimizing the risk of data breaches and the negative publicity that follows.
  5. Operational security: Data privacy helps secure internal operations by protecting sensitive business data such as trade secrets, marketing strategies, and intellectual property.
  6. Data control: Individuals have the right to control how their personal data is collected, used, and shared, ensuring transparency and fairness.
  7. Preventing misuse: Effective data privacy policies reduce the potential for data misuse by third parties, helping prevent surveillance, data manipulation, and targeted scams.
  8. Competitive advantage: Companies that are recognized for robust data privacy practices gain a competitive edge in the marketplace.
74% of consumers say they "highly value" data privacy, and 82% of consumers are highly concerned about how their data is collected and used. If you do not take the correct measures and data is compromised, you may not recover. Once you break consumer trust, it can be tough to get it back, not to mention the financial repercussions. 

-The Person Behind The Data study

These days, questions about data privacy are among the most common in the technological sphere. These questions are of critical importance: It is only through protecting consumer data privacy and enhancing data protection and privacy that businesses can exchange information and do business with customers.

Protecting data privacy allows individuals to ensure that they can trust businesses with their critical information. To that end, companies must learn what data privacy is and how it can be enhanced.

Types of personal data protected

Data privacy is all about the protection of critical information. It refers to systems, technology, laws, and procedures that regulate how information is protected or distributed. The information protected via data privacy laws and rules can be extremely personal and include identifying characteristics or other sensitive information.

Data privacy encompasses sensitive details like medical records, financial data, and personally identifiable information (PII), ensuring protection from unauthorized access, misuse, and breaches. This information can include addresses, medical records, financial information, and more.

  • Personal Identifiable Information (PII): Names, addresses, phone numbers
  • Financial Data: Bank details, credit card numbers.
  • Health Records: Medical histories and insurance information.
  • Online Behavior: Browsing history, purchase records, and geolocation data.

However, data privacy is not just about personal information. It also applies to business. After all, all businesses will want to ensure the protection and privacy of their critical intellectual property, including marketing campaigns, research, long-term strategies, and more. 

Both personal and business data privacy take on very different procedures. Individuals often give their critical personal data to various entities throughout the day, even if they don't realize it. People may take great pains to cleanse their social networks of any inappropriate information but not realize that they are giving a multinational location their exact location at any given moment when they install an app. 

Key principles of data privacy

To ensure data privacy, organizations must adopt key principles that promote secure, ethical, and transparent handling of personal information. These principles serve as foundational guidelines for building trust with consumers while meeting legal obligations.

  1. Transparency: Informing individuals about data collection and usage.
  2. Consent: Securing clear and explicit permissions.
  3. Data minimization: Collecting only necessary information.
  4. Data security: Protecting data through encryption and secure access.
  5. Accountability: Ensuring businesses adhere to privacy commitments.

Best practices for ensuring data privacy

Adopting best practices for data privacy helps organizations secure sensitive data while maintaining regulatory compliance. These practices are essential for minimizing risks, building trust, and fostering a culture of responsible data management.

  1. Use strong encryption: Protect sensitive data in transit and at rest.
  2. Implement access controls: Limit data access to authorized personnel.
  3. Adopt data anonymization: Mask or remove identifiable details when possible.
  4. Regularly update security protocols: Keep systems and software patched.
  5. Train employees: Educate staff on privacy policies and best practices.

data privacy compliance

Data privacy laws and regulations

Compliance with data privacy laws is essential for businesses operating in the digital economy. These regulations establish guidelines on how personal information should be collected, processed, and protected.

Companies in our interconnected society gather large amounts of information about individuals. Legislatures pass laws requiring businesses to protect personal data, subjecting them to essential compliance responsibilities. Of the many international data privacy acts in place today, a few stand out as particularly impactful.

California Consumer Privacy Act (CCPA)

The CCPA is a comprehensive privacy law enacted in California, United States. It went into effect on January 1, 2020, enhancing privacy rights and consumer protection for all California residents. The CCPA grants consumers in California the right to know what personal information is collected about them, the right to request the deletion of their personal information, and the right to opt out of the sale of their personal information to third parties.

Additionally, businesses subject to the CCPA must clearly inform consumers about their data collection and sharing practices. The CCPA applies to companies meeting specific criteria, including annual gross revenues exceeding $25 million; personal information collected from a minimum of 50,000 consumers, households, or devices annually; or deriving annual revenue that's 50% or more from selling personal information.

European Union's General Data Protection Regulation (GDPR)

The European Union's General Data Protection Regulation (GDPR) is internationally recognized. It's a comprehensive data privacy legislation that imposes strict requirements. These requirements apply to data collection, use, and storage practices. The GDPR goes beyond European borders.

Brazil's Lei Geral de Proteção de Dados (LGPD) and India's Personal Data Protection Bill

Data privacy legislation is emerging worldwide, indicating a future with complex and regionalized regulatory compliance. Examples include Brazil's LGPD and India's Data Protection Bill. Businesses today must navigate regional, national, and international data privacy acts. This way, organizations can ensure data privacy compliance in an ever-evolving landscape.

Data privacy compliance is complex and resource-intensive but necessary for businesses. Failure to follow data privacy laws can lead to financial penalties, reputational harm, and loss of customer trust.

The growing demands of data privacy present both challenges and opportunities. Businesses can use this to build trust with customers. Upholding data privacy laws shows respect for personal information. It builds consumer confidence and drives sustainable growth in the digital era.

Aspect LGPD (Brazil) CCPA (California) GDPR (EU)
Scope Applies to businesses processing data of Brazilian residents Applies to businesses handling data of California residents Applies to organizations processing data of EU residents
Consumer Rights Access, correction, deletion, portability Access, deletion, opt-out of data sale Access, correction, deletion, data portability
Data Breach Notification Must notify within a reasonable time Must notify within 72 hours if a breach affects consumers Must notify within 72 hours
Penalties Up to 2% of annual revenue or $50M BRL Up to $7,500 per intentional violation Up to €20M or 4% of global revenue

Data privacy examples

The best way to explain the connection between data protection and privacy laws is to use data privacy examples. These examples should be able to answer and discuss data privacy examples in business and how a data privacy policy example can better help businesses learn to protect financial information.

What are examples of data privacy?

Examples of data privacy include safeguarding personal identifiable information (PII) like names, addresses, and phone numbers, protecting financial records such as credit card details, securing health records, and ensuring the confidentiality of online activities like browsing history and purchase data. Effective data privacy practices involve encryption, access controls, and adherence to regulations like GDPR and CCPA to prevent unauthorized access, data breaches, and identity theft.

For instance, consider sensitive medical information. If you have ever visited a doctor, hospital, or healthcare facility, these facilities have noted you and your medical history. These issues contain personal information, records, physical examination notes, etc.

These notes have legitimate medical purposes and are necessary to facilitate the provision of medical care. However, you would never want any unauthorized individual access to your most personal records, and you would want to know that these records were only ever accessed for a legitimate purpose related to your healthcare. 

In this case, data privacy concerns are addressed comprehensively. The Health Insurance Portability and Accountability Act (HIPAA) is in the United States. HIPPA is a deeply comprehensive law that addresses health care records.

At its core, it limits who can access what medical information, setting the strictest standards for who can access an individual's medical files and regulating data platforms that can access these files.

In a sense, HIPAA is the ultimate in privacy laws, as it regulates who can access our most sensitive information while also laying out penalties for those who violate HIPAA regulations.

There are also consumer privacy laws. These laws vary, but all revolve around the same core concept: How can a business use the data it receives from customers? Consumer privacy laws tend to revolve around the answers to certain questions, including:

  • How is information collected used, and who within an organization has access to information?
  • Can the information be sold to third parties? If that happens, does a consumer have the right to have their information removed from a sale? 
  • If there is a data breach, when will a consumer be made aware, and how will that consumer be compensated for any potential financial loss that occurs as a direct result of a data breach?

Different states and the federal government have consumer privacy laws meant to create a level playing field for all businesses and ensure that consumers know their information is protected. 

These questions have massive ramifications on data privacy and information technology designed to protect individuals' personal information.

These policies are often internal and external. In other words, businesses will need to create policies that govern the internal sharing of data, then work to ensure that their customers are made aware of these policies and demonstrate to customers how they are adhered to. 

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Data privacy risks and threats

Businesses face significant risks and challenges when managing personal data, including:

  • Cyberattacks: Malicious activities such as phishing, ransomware, and malware attacks that aim to compromise the confidentiality, integrity, and availability of data.
  • Hacking: Accessing a computer system, network, or database without authorization in order to steal, alter, or destroy data.
  • Data Breaches: Unintended exposure or unauthorized access to confidential data that leads to the compromise of individuals' personal information.
  • Insider Threats: Risks from individuals within an organization who misuse their access privileges to compromise data security intentionally or unintentionally.
  • Phishing: Deceptive tactics, often through emails or messages, to deceive individuals into revealing usernames, passwords, financial details, and other sensitive information.
  • Ransomware: Malicious software that encrypts users' files, demanding payment for their release, posing a significant threat to data accessibility.
  • Malware: Malicious software developed to disrupt, damage, or gain unauthorized access to computer systems, potentially compromising sensitive data.
  • Data interception: Unauthorized interception of data during transmission, compromising the confidentiality of the information being communicated.
  • Inadequate encryption: Failure to encrypt sensitive data, leaving it vulnerable to unauthorized access and potential misuse.
  • Device theft or loss: The risk of data exposure when laptops, smartphones, and other mobile devices containing sensitive information are lost or stolen.
  • Third-party risks: Vulnerabilities arising from third-party vendors or partners with access to sensitive data.
  • Non-compliance with regulations: Failure to adhere to GDPR, CCPA, industry-specific standards, and other data privacy regulations, leading to legal consequences and reputational damage.
  • Insecure application programming interfaces (APIs): Vulnerabilities in APIs that can be used to gain unauthorized access to data or disrupt services.
  • Denial-of-Service (DoS) attacks: Attempts to disrupt the normal functioning of a network, service, or website, rendering it unavailable to users.
  • Unpatched software: Failure to regularly update and patch software, leaving systems exposed to known vulnerabilities that could be exploited.
  • Cloud security concerns: Risks associated with storing sensitive data in the cloud, including unauthorized access, data breaches, and compliance issues.
  • Physical security threats: Risks arising from physical access to data centers or facilities housing critical infrastructure.
  • IoT vulnerabilities: Security risks associated with the Internet of Things (IoT) devices that may lack robust security measures, making them susceptible to exploitation.

Identifying vulnerabilities is crucial for implementing strong security measures. The growing threat of cybercrime costs billions of dollars annually. High-profile breaches involving companies like Target, Sony, and Equifax have exposed sensitive customer data, resulting in severe financial and reputational damage.

These breaches raise critical questions:

  • When should companies notify affected customers?
  • What compensation is owed to those impacted?
  • How can businesses enhance their network security to prevent future breaches?

Consumers deserve clear, transparent information about who has access to their data and how they can control its use.

Examples of data privacy breaches

As digital transactions become more prevalent, malicious actors with access to sensitive personal information can commit financial fraud, spread harmful content online, or engage in cybercrimes. Many individuals have had their personal data exposed, often without realizing it.

What is an example of a data privacy violation?

An example of a data privacy violation is a data breach where sensitive information, such as customer credit card details or personal health records, is exposed due to insufficient security measures. Another example includes unauthorized access caused by hacking, phishing scams, or insider threats where employees misuse access privileges, leading to compromised personal data and regulatory violations.

For instance, people may carefully curate their social media presence while unknowingly sharing their real-time location with apps. Other examples may include:

  • Healthcare records exposure: Unauthorized access to patient records causing identity theft.
  • Financial data leaks: Data breaches exposing credit card details.
  • Social media data misuse: Personal data exploited for targeted advertising without consent.

The need for data privacy protection

Simply put, the importance of data privacy compliance and data privacy regulations cannot be understated. By having a robust data privacy framework and data privacy policy, businesses can rest assured that they are doing everything they can to find solutions to data privacy problems.

Let's look again at some examples of massive data scandals and privacy violations over time. In each case, the businesses lost billions in revenue and suffered major reputational damage. Consumers won't do business with a company if they are worried that the company in question won't be able to protect their data. 

However, the above examples pertained to larger businesses with the resources and expertise to withstand major hits. That's not always the case. According to the U.S. National Cyber Security Alliance, 60% of all small businesses that suffer from a cyber attack wind up going out of business within a year. In other words, loss of data privacy can potentially be fatal to smaller businesses. 

Fortunately, your business is not powerless in the face of challenges to data privacy protection, and there are many actions you can take to ensure that you are protecting your customer's data and limiting the risk brought by hackers. These include:

  • Training: You must regularly train your staff on how to protect the data of your customers. As such, you need to train your staff in how to recognize cyberattacks, how to handle customer data, and what all relevant policies and procedures are.
  • Policies: All of the training in the world won't mean anything if your business fails to create policies necessary to protect your business' data. As such, your business must create specific rules and policies that govern how data is managed, who has access to data, and what expectations your business has regarding customer privacy. 
  • Encryption: Encryption is a process by which data is given additional protection and made more complicated for an unauthorized actor to access. By encrypting your data, you add a layer of protection to it, thus providing additional assurance that an unauthorized user cannot access your customer's data. Encrypting your data can be expensive and time-consuming, as it requires a level of expertise with computer security systems that can be complicated. That being said, the process is well worth it: In many cases, a privacy or security failure directly results from a failure to encrypt critical data. 
  • Third-party vendors: In many cases, outside assistance from third-party vendors can be critical in ensuring that your business protects the data of your customers. Third-party vendors, such as Ketch, can assist with various functions. This includes helping create customized privacy policies, automating requests for additional data, capturing and managing your customers' marketing preferences, adhering to relevant data privacy laws, and more.

Data privacy principles are not just about protecting personal information from misuse. It's also about upholding the trust between businesses and their customers. It's about adhering to data privacy policies that can be a massive challenge for many businesses. It often requires extended coordination between staff, third-party vendors, millions of pieces of data, and more.

As such, additional programs - like Ketch - can often provide invaluable assistance. Companies can ensure compliance with regulations through responsible information gathering and they can promote a trustworthy and customer-friendly environment.

“The privacy of our customers' data is very important to us, and we want to make sure we are acting in accordance with their wishes as well as complying with all state laws. Ketch helps us do this without a lot of overhead so we can focus our internal resources on growing our technology capabilities and supporting our aggressive omni-channel growth plans.”

- Mike Early, Chief Technology Officer, Francesca's

Exploring data privacy solutions

Businesses must balance data use with privacy measures. The most pressing challenges result from organizations collecting large amounts of private data aggressively to make timely decisions. This increasing demand has raised concerns about data protection.

Global regulations on data protection and privacy compound the challenge. Regulatory bodies are becoming stricter about organizations' handling of personal data. Businesses must often invest significant time and resources to comply with these regulations.

What is data privacy software?

Data privacy software helps businesses protect sensitive personal information by managing data access, storage, and sharing. It ensures compliance with privacy laws like GDPR and CCPA through features like data encryption, consent management, and automated compliance reporting, reducing privacy risks and safeguarding user trust.

Software solutions are helping enterprises navigate this complex landscape of data privacy challenges. Modern software and data privacy management solutions, like Ketch, can significantly reduce the cost and complexity of privacy operations.

These solutions have artificial intelligence and machine learning capabilities. The data they use is responsibly gathered, empowering businesses to engage more deeply with customers. It also stimulates top-line growth.

Read more: Ketch's data permissioning platform


💪 Take a look at Ketch's platform.

Data privacy is essential in today’s digital age, balancing the need for information sharing with the rights of individuals to control their personal data. By following best practices, adopting advanced privacy solutions, and complying with evolving legal standards, businesses can build trust, reduce risks, and support a safer online environment.

As you no doubt understand, building trust and adhering to complex regulations in data privacy can be complicated and confusing. At Ketch, we're here to help. We offer a robust array of privacy operations meant to help you steer through complex privacy controls and ensure you can build faith and trust with your customers.

Ready to learn more? Contact us today.

Read time
6 min read
Published
October 3, 2022
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