Who Is Protected by Privacy Regulations?

Have you ever found yourself in one of these scenarios? You visit your doctor, and they write down your health problems. You buy something online, and the website keeps track of what you looked at. You apply for a credit card, and a company stores your bank information. If you’re like most folks, you have encountered some or all of these common occurrences.

All of these incidents involve your personal information. But who keeps it safe? And who is protected by privacy regulations when companies collect your data?

Consumer data privacy laws exist to protect you. They set rules for organizations that collect personal information. These laws give you control over your sensitive data. But they can be hard to understand, which is why we are here to offer some insight! We’ll tell you who is protected, what information is covered, how major federal privacy laws work, and when your data can be shared.

What are privacy laws and why do they matter?

Privacy laws are rules that tell companies and government agencies how to handle your personal information and data. Your protected personal info ranges from medical records to financial data and sensitive employee information. Privacy laws stop organizations from misusing your data. They help protect your information by ensuring that no one shares your information without your permission.

Confidentiality law protects you in many areas of life:

• Healthcare (your medical records)
• Banking and finance (your account information)
• Credit reports (your financial history)
• Government records (information agencies keep about you)
• Online shopping and browsing (your consumer data)

Organizations that collect, store, use, or share personal information must follow privacy laws. If they don't, they can face penalties.

Who is protected by privacy regulations?

Almost everyone is protected by privacy regulations in some way. Privacy regulations cover a broad range of areas: They protect minors from having their info shared without consent under laws like the Children’s Online Privacy Protection Act (COPPA) ; individuals’ sensitive health information with laws like the Healthy Insurance Portability and Accountability Act (HIPAA); U.S. citizens who don’t want federal agencies collecting their data; and many other personal facets of life.

Here's who gets protection:

Patients: If you visit a doctor or hospital, federal privacy laws protect your health information.

Consumers: If you shop online, use credit cards, or apply for loans, privacy laws cover your financial and personal data.

Employees: If you work for a company, your employer must protect certain information about you.

Children: Special laws protect kids under 13 when they use websites and apps.

Citizens: If the government keeps records about you, privacy laws control how that information is used.

You are protected when any organization collects data that can identify you. This is especially true when misuse of that data could hurt you.

What types of personal information do privacy laws cover?

Privacy laws protect many kinds of personal information. Let’s look at some specifics:

• Health information: Medical records, treatment details, and billing information
• Financial data: Bank account numbers, transaction history, and credit card information
• Credit information: Your credit score and payment history that credit agencies keep
• Children's information: Data that websites collect from kids under 13
• Government records: Files that federal agencies keep about individuals
• Consumer data: Your email address, phone number, browsing history, and purchase records

Major federal privacy laws protecting individuals

The United States has several federal privacy laws. Each one protects different types of personal information. Each law gives you specific rights. Let's look at the most important ones.

U.S. Privacy Act of 1974

This law controls how federal government agencies handle your personal information. If the government keeps records about you, the Privacy Act gives you rights.

Your rights under this law include:

• The right to see records that federal agencies keep about you
• The right to ask agencies to fix wrong information
• The right to know why your information is collected and how it will be used

The Privacy Act limits when agencies can share your information without your consent. They can only share it for specific reasons, like law enforcement needs or court orders. Agencies must keep your records accurate and up to date.

HIPAA (Health Insurance Portability and Accountability Act)

HIPAA is one of the most important federal privacy laws for healthcare. Who is protected by privacy regulations under HIPAA? Patients whose medical information is handled by:

• Hospitals and doctors (called "covered entities")
• Health insurance companies
• Billing companies and IT services that work with healthcare providers (called "business associates")

HIPAA protects "protected health information" or PHI. This includes anything that identifies you and relates to your health, treatment, or payment for care.

The 3 major elements of HIPAA

HIPAA requires healthcare providers to protect your information in three ways:

• Administrative safeguards: Written policies and procedures that protect your data
• Physical safeguards: Locked doors, secure facilities, and protected equipment
• Technical safeguards: Computer passwords, encryption, and secure electronic records

These 3 major elements of HIPAA work together to keep your health information safe.

The 5 HIPAA rules

HIPAA includes five important rules:

• Privacy Rule: Sets standards for protecting health information
• Security Rule: Requires protection for electronic health data
• Breach Notification Rule: Requires notification if your data is exposed
• Enforcement Rule: Explains penalties for breaking HIPAA
• Omnibus Rule: Updates and strengthens HIPAA protections

The Privacy Rule and the Security Rule are the two main HIPAA rules, but the other three are important as well.

Understanding consent as defined by HIPAA is important. Consent as defined by HIPAA is for giving healthcare providers permission to use your information for treatment, payment, and healthcare operations. However, for other uses, you must give specific written authorization.

COPPA (Children's Online Privacy Protection Act)

COPPA protects children under 13 years old. It applies to websites and apps that are made for kids or that knowingly collect information from children.

Under COPPA, websites must:

• Post a clear privacy policy explaining how they handle children's data
• Get permission from parents before collecting a child's information
• Let parents see, delete, or refuse further collection of their child's data
• Use strong security to protect children's information

GLBA (Gramm-Leach-Bliley Act)

The GLBA is a confidentiality law that protects your financial information. It applies to banks, insurance companies, and other financial institutions.

Under the GLBA, financial companies must:

• Tell you clearly how they collect and share your information
• Let you opt out of certain data sharing with other companies
• Create security programs to protect your information
• Limit who can reuse or re-share your consumer information

FCRA (Fair Credit Reporting Act)

The FCRA protects the privacy and accuracy of your credit reports. Credit reporting agencies like Equifax, Experian, and TransUnion must follow this law.

Your rights under the FCRA include:

• The right to see your credit report for free once a year
• The right to dispute wrong or incomplete information
• Protection against unauthorized access to your credit report
• Limits on how long negative information stays on your report

Companies can only pull your credit report for specific reasons, like when you apply for a loan or job (with your permission).

Can healthcare providers legally disclose patient information?

You might wonder: when can healthcare providers share my information without asking me first? A reason under HIPAA for disclosing patient information includes:

• Treatment: Doctors can share your records with other providers treating you
• Payment: Hospitals can share information with insurance companies to get paid
• Healthcare operations: Providers can use your data to improve quality of care
• Public health: Required reporting of diseases or vaccine reactions
• Legal requirements: Court orders or law enforcement investigations with proper authority

Each privacy law sets specific, limited exceptions for when information can be shared. Organizations must document these disclosures carefully.

New U.S. state data privacy laws

Federal privacy laws aren't the only protection you have. Many states now have their own privacy laws. These state laws often give you even more rights over your personal information.

Privacy laws vary a lot from state to state. Some states have strong protections. Others have none at all. It’s important to speak to a lawyer in your area so you can understand how privacy laws affect and help you in your specific state.  

How to exercise your privacy rights

Now that you know about privacy laws and personal information protections, how do you actually use these rights?

Step 1: Figure out which organization has your data. Is it a hospital? A bank? An online store? A government agency?

Step 2: Find and read their privacy policy. It should explain how to request access, corrections, or deletion of your information.

Step 3: Submit your request using their official channels. Most companies have online forms or email addresses for privacy requests.

Step 4: Provide only the information needed to verify your identity. Don't share more than necessary.

Step 5: Keep track of when you made your request. Companies usually must respond within 30-45 days. If they ignore your request or deny it unfairly, you can escalate to the appropriate enforcement agency.

Get help understanding your privacy rights

Privacy laws can be confusing. Do you have questions about your rights? Are you dealing with a privacy violation? Do you need help with consumer finance issues?

LegalShield gives you access to experienced lawyers who can help. Whether you're facing identity theft, dealing with credit report errors, or trying to understand your rights under privacy regulations, LegalShield attorneys can provide guidance.

Don't face privacy law issues alone. Visit LegalShield's Consumer Finance page today to learn how affordable legal protection can help you defend your personal information and resolve consumer law problems.

Your privacy matters. Get protected today.