Essay Sample on General Data Protection Regulation (GDPR) and California Consumer Privacy Act of 2018

Introduction

Data protection policies are significant in protecting the privacy of both consumers and healthcare facilities. The policies are elementary and assist healthcare facilities in achieving their respective goals as they guarantee the protection of rights of data subjects. Privacy is a significant element in healthcare and requires protection from the respective authorities. Different healthcare facilities collect data for varying objectives and thus require maximum privacy and protection. Data protection is more significant in guaranteeing the successful operation of healthcare facilities. The data protection policies determine how health centers utilize, disclose, maintain and transmit information. The policies provide the respective healthcare facilities with specific maximum control over their respective information. The most common data protection laws include the General Data Protection Regulation (GDPR) and California Consumer Privacy Act of 2018.

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General Data Protection Regulation (GDPR)

On May 25, 2018, the government affected the law as the initial update on European data protection laws. GDPR is a data protection policy that extends an individual's data rights and introduces new requirements on the healthcare facilities processing personal data belonging to the EU residents. The law also provides individuals with greater control over how companies process their respective data. The law applies to all the organization in Europe that collects, process and store data for individuals residing in Europe regardless of their respective citizenship (Nyren et al. 228). It also applies to healthcare facilities located outside Europe that offer services and goods to EU citizens, processes their data or monitors their respective behaviors. The use of GDPR contains several advantages to both individuals and organization using the policy. It promotes greater accountability, transparency and enhances the quality of decision-making within the healthcare facilities using the policy (Goodman, Bryce & Seth 51). It also escalates the public trust by providing people with more control and authority over their personal data. To be GDPR compliant, every organization requires a given checklist. However, since the goals and objectives of healthcare facilities vary, healthcare facilities exhibit different checklists, which depend mainly on the specific organization's challenges, processes, working ways, and personal data.

The use of GDPR also enables the healthcare facilities to achieve sustainability and maximize their profits. It enhances the reputation of the healthcare facilities using it guarantees trusted and better relationships with potential and existing customers. Every organization aims to gain a loyal customer base and the policy enables companies to guarantee the satisfaction of the customers increasing their loyalty towards the healthcare facilities. Using GDPR laws by healthcare facilities also increases the reputation and brand image of the healthcare facilities. The brand image of an organization and its reputation in the market affects its level of competition and performance in the market. GDPR improves the competitive advantage of an organization in the market. Every firm aims to be the market leader and maximize its profits while minimizing the losses. A firm with a strong GDPR acquires an advantage over other companies as guarantees the confidentiality of data and acquires loyalty of customers (Goodman, Bryce & Seth 54). GDPR also improves the organization's data governance. Increased data governance by the organization increases its ability to achieve its primary goals and attracts more customers. The policy also enhances an organization's information security. However, the policy lacks the right to an explanation of automated decision-making (Wachter et al. 77). Right to explanation enhances transparency and accountability and is highly required to make the policy effective. Security of the information of an organization is essential and prevents hacking by external parties, which enables the firm to maintain high levels of confidentiality.

The California Consumer Privacy Act of 2018

The California Consumer Privacy Act of 2018 contains right of a consumer to instruct a business not to sell or share their personal information. It provides the consumers with control over any information that healthcare facilities collect relating to them. The law also enables consumers to hold healthcare facilities responsible for safeguarding their personal information. The law guarantees every consumer a right to protection and proper use of their respective personal information by the healthcare facilities (Rastogi et al. 134). The California Consumer Privacy Act of 2018 ensures that all the healthcare facilities across the globe comply with the strict regulations when processing or accessing the California resident's personal data. The policy ensures that healthcare facilities timely update privacy laws, accommodate responsibilities to access personal data, and observe policies on monetization of business models and brace for liquidated damages and additional penalties. The policy also acknowledges the various protection laws already existing in California and protects Californians with respect to all the data relating to them. It protects Californians not just as consumers but also as parents, students, children, patients, tenants, and employees.

With the introduction of the California Consumer Privacy Act, consumers have the right to demand that a business collecting personal data disclose all the particular pieces and categories of data collected by the business to the consumer. The business must also inform the consumer before or at the point of collecting information. It must inform the consumer of the purpose of the information collected and must not collect additional information not provided in the agreement by the consumer. The law also ensures the business provides the information specified to the consumer only upon the receipt of a request by the particular consumer (Perez et al. 15). According to the law, the business must provide access to the information promptly upon request by the consumer and must be free of charge. The law provides consumers with advanced protection and rights that guarantee appropriate use of their information by the business. The law also ensures the consumers are proactive and able to access the information collected by the business at any time and free of charge.

According to the law, personal information refers to any information relating to a specific household or consumer. The law requires companies to protect data even when it does not relate to any particular individual and even when it lacks a name. All the healthcare facilities around the world must comply with the California Consumer Privacy Act whenever they receive personal information of any Californian. The policy protects the confidentiality of personal information of the Californians from any part of the world (Rastogi et al. 147). However, to comply with the requirements of the policy, companies need different affirmative steps required to comply with the law. The firm must prepare inventories, data maps and other records of information pertaining to any resident of California (Martin & Edward 409). The company must also consider alternative models for business, avail all the designated channels for data submission access request, implement, and fund new processes and systems to comply with the new regulations. The California Consumer Privacy Act 2018 stipulates communication channels, disclosures and all the concrete measure required to be GDPR compliant. The California Consumer Privacy Act also provides a broader definition of personal data while also covering information that relates to devices and households. It also provides California residents with a right to order for the deletion of personal data with great exceptions than provided by GDPR. It also enables the California residents to access their personal data without the exceptions that are available under GDPR. The law provides more rigid restrictions that govern data sharing intended for commercial purposes.

Nevertheless, increasing awareness among the consumers solves the various issues regarding the two policies. Increasing the level of awareness among the consumers enhances their ability to identify with their rights as consumers and the responsibilities of the various business regarding access, protection and use of their personal information. It ensures that consumers greatly collaborate with healthcare facilities and actively participate to ensure their personal information is properly used. The government should also increase the level of training among employees of the healthcare facilities to ensure proper use of the personal information of the consumers. It enables healthcare facilities to remain professional and appropriately use consumer information. The government should also ensure strict penalties for companies that manipulate consumers and wrongly use consumer's personal information. Both the GDPR and the California Consumer Privacy Act are significant policies that ensure an effective and healthy relationship between individual consumers and the business that access their information. They all protect the consumers from exploitation by the healthcare and clearly stipulate circumstances under which a facility can access a customer's information. The policies encourage healthy competition and consumer behavior within the economy.

Works Cited

Goodman, Bryce, and Seth Flaxman. "European Union Regulations on Algorithmic Decision-Making and a "Right to Explanation"." AI Magazine, vol. 38, no. 3, 2017, pp. 50.

Martin, Edward J. "Healthcare policy legislation and administration: Patient Protection and Affordable Care Act of 2010." Journal of health and human services administration, vol. 24, no.5, 2015, pp. 407-411.Nyren, Olof, et al. "The European Parliament proposal for the new EU General Data Protection Regulation may severely restrict European epidemiological research." European Journal of Epidemiology, vol. 29, no. 4, 2014, pp. 227-230.

Perez, Alfredo J., et al. "A review and an empirical analysis of privacy policy and notices for consumer Internet of things." Security and Privacy, vol. 1, no. 3, 2018, pp. 15.

Rastogi, et al. "Security and Privacy of Performing Data Analytics in the Cloud: A Three-way Handshake of Technology, Policy, and Management." Journal of Information Policy, vol. 5, 2015, p. 129.

Wachter, Sandra, et al. "Why a Right to Explanation of Automated Decision-Making Does Not Exist in the General Data Protection Regulation." International Data Privacy Law, vol. 7, no. 2, 2017, pp. 76-99.