Privacy in 2024: TikTok, Facebook, and United States Legislation

Posted on by Clifford Dream
6 min read

In the United States, there isn’t a unified law or organization solely responsible for safeguarding all types of data. Rather, there exist diverse federal and state regulations targeting the protection of specific data types and demographic groups. This article delves into the landscape of data privacy in the US, offering insights into measures individuals can implement to safeguard their personal information.

What is data privacy?

Data privacy falls under the umbrella of data management and security, focusing on safeguarding and controlling personal information against unauthorized access, use, and disclosure. Unfortunately, many popular applications, websites, and products operate without strict regulation regarding data privacy. In the absence of comprehensive legislation, companies often establish their own privacy policies in line with industry norms, placing the onus of data protection on consumers.

For instance, when downloading an application or service, you may encounter a privacy policy document. These policies detail how your data will be collected and utilized by the company. Users can opt to accept these terms and proceed with using the product, or decline them, resulting in restricted access or denial of service. However, concerns have been raised regarding the transparency of these processes and whether consumers possess adequate information to provide informed consent.

“Sadly, because this ecosystem is primarily hidden from view and not transparent, consumers aren’t able to see and understand the flow of information” – Ashkan Soltani, former chief technologist at the Federal Trade Commission (FTC)

Why is data privacy important

Data represents a potent resource capable of yielding valuable insights into individuals’ behaviors, preferences, expenditure patterns, and beyond. However, when mishandled, such data can inflict harm. For instance, a data breach at a company handling social security numbers or credit details can result in identity theft. Similarly, breaches at governmental bodies may have repercussions on international relations.

Control over personal information should rightfully reside with the individual. Individual privacy is commonly regarded as a fundamental right, akin to freedom of speech or religion.

Data privacy laws

In Europe, there exists a comprehensive data privacy law known as the General Data Protection Regulation (GDPR). Applicable to organizations worldwide, it pertains to data collected concerning individuals within the EU. Conversely, the United States features a range of federal and state regulations, including:

The Privacy Act of 1974: Encompassing the collection and utilization of personal data by federal agencies, this law mandates written consent before disclosing such information and grants individuals the right to request corrections to incomplete or inaccurate records. Limited exceptions apply, such as for the Census Bureau.

Health Insurance Portability and Accountability Act (HIPAA): Established in 1996, HIPAA serves as the national standard for safeguarding patient health information, requiring patient knowledge or consent prior to its disclosure.

Children’s Online Privacy Protection Act (COPPA): Enacted in 1998, COPPA restricts the gathering of data from children under 13, necessitating organizations to publish online privacy policies outlining data collection and usage intentions. Parental consent is mandatory, and guardians possess the authority to access, view, and delete their child’s data, as well as halt further data collection.

Gramm-Leach-Bliley Act (GLBA): Implemented in 1999, GLBA mandates financial institutions to secure sensitive data and disclose their information-sharing practices to customers.

California Consumer Privacy Act (CCPA): Effective since January 2020, CCPA provides California consumers with the right to request disclosure of their stored information from companies, including third-party recipients. Violations of privacy regulations can lead to legal action by consumers, irrespective of a security breach occurrence.

In July of 2022, the American Data Privacy and Protection Act was approved by the US House of Representatives’ Committee on Energy and Commerce. However, it has failed to advance to the House or Senate floors. Despite strong support for this legislation that would serve as a comprehensive federal privacy law, differing views on what it should include have impeded progress. 

Data privacy compliance

Contemporary businesses routinely accumulate vast volumes of data on a daily basis. Employing data analytics, they leverage this information to inform decisions regarding marketing strategies, product enhancements, and customer interactions. Consequently, privacy regulations, such as those enumerated previously, have been implemented across numerous sectors to address unethical data utilization. Privacy compliance denotes an organization or company’s commitment to abiding by these data protection directives.

Data privacy and social media

In recent years, the media has increasingly focused on data privacy issues within social media platforms. One notable event was the TikTok congressional hearing, where US lawmakers questioned CEO Shou Zi Chew about the app’s data privacy practices and alleged ties to the Chinese Communist Party. This hearing underscored the necessity for comprehensive data privacy legislation and exposed lawmakers’ limited grasp of modern technology, drawing criticism for their line of questioning.

However, TikTok isn’t the sole social media platform under scrutiny for data privacy concerns. In 2018, Facebook was directed to halt data collection on Belgian users or face potential fines of up to 100 million euros. Additionally, Facebook faced accusations of large-scale data breaches the same year. In 2019, Google and YouTube reached a settlement with the Federal Trade Commission (FTC) and New York, agreeing to pay $136 million and $34 million, respectively, for violating the Children’s Online Privacy Protection Act (COPPA).

While protecting your online data may seem daunting, there are numerous steps you can take to safeguard your personal information. Below is a list of privacy policies for some of the most commonly used applications:

How to protect your data privacy

Here are several steps you can take to enhance your awareness of data privacy:

  1. Review Privacy Policies: Before utilizing an application, service, or website, take the time to read through their privacy policies. Although it may be tempting to simply accept the terms without scrutiny, these policies provide valuable insight into how companies intend to utilize the information you provide them.
  2. Utilize a Virtual Private Network (VPN): Consider employing a VPN, which effectively conceals your identity by routing your device’s internet connection through a third-party server. Additionally, VPNs encrypt the data transmitted to and from your device, bolstering your online security.
  3. Adjust Privacy Settings: Regularly revisit the privacy settings on the applications and platforms you frequently utilize. Failure to customize these settings may result in the inadvertent disclosure of more data than necessary. Take the time to navigate to the settings sections of your preferred applications and websites, ensuring that unnecessary cookies and other data collection mechanisms are deactivated.

The value of data privacy skills in 2024

Understanding data privacy is a crucial initial stride toward safeguarding your personal information. Moreover, it constitutes a valuable skill to feature on your resume in 2023. As elucidated earlier, virtually all contemporary enterprises manage substantial volumes of data on a daily basis. Whether you’re employed in a technology-related role or not, adeptly navigating cybersecurity risks is deemed a fundamental proficiency in today’s professional arena.

Clifford Dream
Clifford Dream

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