[Ecommerce] Privacy protection - Japan got it almost right..
Jeff Williams
jwkckid1@ix.netcom.com
Thu Apr 7 05:51:01 2005
All,
I hope DHS and others pay attention here...
I would have added a few additional provisions and remedies
and/or penalties as follows:
1.) Longer jail sentences for Sr. executives that are responsible
such as but not limited to the security officer, CEO, CFO,
and/or any BoD member whom had knowledge of misconduct
and/or misuse of said private information/data. I would also
include
legal council here as well... Multiple offenses would receive
severe fines, much longer jail sentences, and said sentences should
be required "At hard labor" as mandatory in sentencing guidelines.
2.) A bit stronger protection and said protection as a decision of the
owner of the information, not the caretaker and/or holder of said
private information.
3.) The owner of such private information must be notified and approve
in writing/Email/or other electronic qualified means, prior to
their
private information being released or otherwise decimated.
===============================================
Japanese Personal Data Protection Law Imposes Penalties for Managers
and Data Handlers
(28 March 2005)
Japan's Personal Information Protection Law, which took effect on April
1 of this year, requires companies to comply with a set of rules for
handling consumers' personal data. The law applies to companies holding
the personal data of 5,000 or more individuals, including employees and
affects foreign companies as well. Companies are required to designate
a corporate privacy officer and staff who will be responsible for
compliance with the law. Penalties include fines of up to 300,000 yen
approximately US$2,760 and jail sentences of up to 6 months for the
managers and data handlers who fail to comply. Under the provisions of
the law, the companies must specify why they are collecting the
information, obtain consent from the individuals before using it for any
other purpose and take measures to prevent theft and leaks.
http://www.infoworld.com/article/05/03/28/HNjapntightensdataprotection_1.html
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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