Thursday, April 27, 2006

A comparison of US and European Privacy Practices

A new study on "US and European Corporate Privacy Practices" was released two days ago, and as I constantly monitor the topic knowing EU's stricter information sharing and privacy violations laws comparing to the U.S, thought you might find this useful. To sum up the findings :



"European companies are much more likely to have privacy practices that restrict or limit the sharing of customer or employees' sensitive personal information and are also more likely to provide employees with choice or consent on how information is used or shared," said David Bender, head of White & Case's Global Privacy practice." still at the "sharing sensitive information is bad"


promotional stage, I feel the research reasonable points out the lack of a systematic technical approach, bureaucracy can also be an issue, but with so many CERTs in Europe there's potential for lots of developments I think. Established in 2004, ENISA is the current body overseeing and guiding the Community towards data protection practices -- slowly, but steadily gaining grounds.



"But the research also revealed that US companies are engaging in more security and control-oriented compliance activities than their European counterparts. As a result, US corporations scored higher in five of the eight areas of corporate privacy practice." - structured implementation on a technical level, that is people auditing networks and being accountable in case of not doing so, and privacy policies by default. A little something bringing more insight from the Safe Harbor framework :



"The United States uses a sectoral approach that relies on a mix of legislation, regulation, and self regulation. The European Union, however, relies on comprehensive legislation that, for example, requires creation of government data protection agencies, registration of data bases with those agencies, and in some instances prior approval before personal data processing may begin."



Of course there are differences and there should always be as they provoke constructive discussions, but among the many well-developed survey questions, some made me a quick impression :



"Is there a process for communicating the privacy policy to all customers and consumers?" Europe - 33% United States - 69%



"Is privacy training mandatory for key employees (those who handle, manage or control personal information)?" Europe - 22% United States - 62%



"Do you use technologies to prevent unauthorized or illegal movement or transfer of data or documents?" Europe - 17% Unites States - 45%



"Will the company notify individuals when their personal information is lost or stolen?" Europe 33% United States - 62%



Perimer based defenses naturally dominate as a perception of being secure, still, I feel that the growing infosec market and IT infrastructures in both the U.S and Europe would continue to fuel the growth of new technologies and also result in more informed decision makers -- at the bottom line it's always about a common goal and better information sharing.