In the digital age, the use of personal data has become a ubiquitous part of daily life. Every time an individual interacts with technology, whether it be through social media, online shopping, or even just browsing the internet, personal data is being collected, analyzed, and utilized in ways that most people are not aware of. This has led to growing concerns over the privacy and security of personal information, prompting governments around the world to introduce legislation to protect individuals’ rights to privacy.

Two such pieces of legislation are the GDPR and CPRA, which have been introduced by the European Union and the state of California, respectively. In this article, we will examine the key provisions of each piece of legislation, and explore how they seek to protect individuals’ privacy in an increasingly digital world.

General Data Protection Regulation (GDPR)

The GDPR is a piece of legislation that was introduced by the European Union on May 25, 2018. The aim of the GDPR is to strengthen and unify data protection for all individuals within the European Union, while also addressing the export of personal data outside of the EU. The GDPR replaces the Data Protection Directive 95/46/EC, which was introduced in 1995.

Key provisions of the GDPR include:

1. Data protection principles: The GDPR sets out seven principles that must be followed when processing personal data. These include requirements for data to be processed lawfully, fairly, and in a transparent manner; for data to be collected for specified, explicit, and legitimate purposes; and for data to be kept accurate and up-to-date.
2. Data subject rights: The GDPR grants individuals a number of rights in relation to their personal data. These include the right to be informed about the collection and use of their data; the right to access their data; the right to rectify inaccurate data; the right to erase their data (also known as the “right to be forgotten”); and the right to object to the processing of their data.
3. Data breach notification: The GDPR requires organizations to notify individuals and supervisory authorities of data breaches that pose a risk to individuals’ rights and freedoms within 72 hours of becoming aware of the breach.
4. Data protection officers (DPOs): The GDPR requires organizations that process large amounts of personal data, or process sensitive personal data, to appoint a DPO to oversee data protection activities.
5. Penalties: The GDPR introduces significant penalties for organizations that breach the legislation. Fines can be as high as 4% of an organization’s global annual revenue or €20 million, whichever is greater.

California Privacy Rights Act (CPRA)

The CPRA is a piece of legislation that was introduced by the state of California on November 3, 2020. The aim of the CPRA is to strengthen and expand on the California Consumer Privacy Act (CCPA), which was introduced in 2018. The CPRA is set to come into effect on January 1, 2023.

Key provisions of the CPRA include:

1. Expanded definition of personal information: The CPRA expands the definition of personal information to include sensitive personal information such as race, ethnicity, religion, and precise geolocation data.
2. Right to correct personal information: The CPRA grants individuals the right to correct inaccurate personal information held by organizations.
3. Right to restrict the use of personal information: The CPRA grants individuals the right to restrict the use of their personal information for targeted advertising and the sale of their personal information.
4. Data protection enforcement agency: The CPRA establishes a new state agency, the California Privacy Protection Agency (CPPA), which will be responsible for enforcing the CPRA and the CCPA.
5. Penalties: The CPRA introduces significant penalties for organizations that breach the legislation. Fines can be as

high as $7,500 per intentional violation, and $2,500 per unintentional violation, for each consumer whose rights were violated.

• Opt-in requirement for sharing of sensitive personal information: The CPRA requires organizations to obtain the consumer’s affirmative authorization (“opt-in”) before sharing or selling their sensitive personal information.
• Data retention limitation: The CPRA sets a limit on the retention of personal information, requiring organizations to delete personal information after it is no longer necessary for the purpose for which it was collected.

GDPR vs CPRA: A Comparison

While the GDPR and CPRA share similar goals of protecting individuals’ privacy rights, there are some notable differences between the two pieces of legislation.

One key difference is the scope of the legislation. The GDPR applies to all individuals within the European Union, as well as organizations outside the EU that process the personal data of EU residents. The CPRA, on the other hand, only applies to California residents and organizations that conduct business in California and meet certain thresholds.

Another difference is the approach to sensitive personal information. While the GDPR does not explicitly define sensitive personal information, it does require special protections for certain types of data, such as health data and data related to criminal convictions. The CPRA, on the other hand, explicitly defines sensitive personal information and grants consumers additional rights with respect to this type of data.

Finally, the penalties for non-compliance are also different. While both pieces of legislation introduce significant penalties for organizations that breach the legislation, the CPRA introduces a higher fine for intentional violations, and the penalties for unintentional violations are calculated per consumer affected.

Conclusion

In conclusion, the GDPR and CPRA represent significant steps forward in the protection of individuals’ privacy rights in an increasingly digital world. Both pieces of legislation seek to provide individuals with greater control over their personal data, and impose significant penalties for organizations that fail to comply with the legislation.

While there are some differences between the two pieces of legislation, both serve as important models for other countries and states to follow in their efforts to protect individuals’ privacy rights. As technology continues to evolve, it is likely that further legislation will be introduced to address the changing nature of data protection, and to ensure that individuals’ privacy rights are protected in a rapidly changing digital landscape.