California Consumer Privacy Act (CCPA) vs General Data Protection Regulation (GDPR): A comparison guide

Introduction

The need for data protection laws in Palestine, akin to regulations like the GDPR (General Data Protection Regulation) in Europe and the CCPA (California Consumer Privacy Act) in the United States, cannot be overstated. These regulations are crucial for safeguarding individuals’ privacy rights in an increasingly data-driven world. Implementing similar laws in Palestine would provide citizens with the much-needed assurance that their personal data is handled responsibly, securely, and transparently. Furthermore, aligning with global data protection standards would enhance Palestine’s ability to engage in international data transfers and foster trust among citizens, businesses, and government entities. 

Palestine’s Stand

Palestine is no different from any other country in the world from the impact of the digital revolution. There were 3.96 million internet users in Palestine at the start of 2023 when internet penetration stood at 74.6 percent. Palestine was home to 2.95 million social media users in January 2023, 55.6 percent of the total population. As smartphones and internet access become more common, Palestinians are getting more vulnerable to data privacy breaches. Palestinians are using social networking platforms, participating in e-commerce, managing their finances through online banking, and even accessing government services through the internet. The shift to digital technology has caused a big rise in how much personal data is being collected, stored, and shared, increasing the need for data protection laws in the country. 

The incidence of cybercrimes in Palestine exhibited a noticeable upward trend from 2013 to 2018, reflecting the growing challenges posed by digital misconduct. In 2013, the recorded cybercrimes stood at 174 cases, and this figure saw a slight increase to 361 cases in 2014. The trend continued with even more significant surges, reaching 502 cases in 2015.

The escalation in cybercrimes gained momentum between 2016 and 2018, where reported cases surged from 1,327 in 2016 to 2,025 in 2017. The apex was reached in 2018, with a staggering 2,568 cases, marking a notable 26.6% increase compared to the previous year.

However, data for 2019 lacks accurate official statistics on cybercrime in Palestine. Nevertheless, the Anti-Cybercrime Unit within the Palestinian Police reported handling 1,478 cases between January 1, 2019, and August 20, 2019. Notably, among these cases, 165 pertained to extortion, signifying a doubling of extortion-related incidents compared to the same period in 2018 when 88 cases were recorded.

The rise in cybercrimes in Palestine necessitates the urgent implementation of data protection laws and cybersecurity measures. These laws not only safeguard personal data and financial interests but also contribute to a more secure and trustworthy digital environment, fostering economic growth and development while deterring cybercriminals from engaging in illegal activities.These include a lack of awareness regarding safe internet practices, unfamiliarity with secure usage procedures, and a failure to take necessary precautions. These precautions encompass safeguarding confidential information in devices isolated from the internet, refraining from sharing sensitive data and images on communication platforms, regular password changes, abstaining from storing crucial information and images on mobile devices, and exercising caution when using cameras during online interactions.

What is GDPR?

GDPR stands for General Data Protection Regulation, passed by the European Union, establishing comprehensive data protection and privacy policy guidelines. The main aim of general data protection regulations is to ensure that individuals have maximum control over their personal data over the internet. It imposes uniform data protection rules across all the European Union member states. These are updated and expanded data protection standards and are the successor to the Data Protection Directive from 1995.

GDPR’s most important elements are:

• It grants individuals additional rights to their personal data, such as access to correct and delete information. 
• It gives the individuals the “right of being forgotten.”
• It ensures that any organization that is trying to get the personal information of any individual gets explicit permission before accessing any such information.
• It also renders the right to revoke permission at any moment.
• Wherever possible, organizations are required to notify impacted individuals and appropriate authorities of data breaches within 72 hours of discovering the breach.
• Some businesses need to have dedicated officers in charge of data privacy and security.
• Businesses must enforce data protection rules and show they are following them. High-risk data processing activities are also required to undergo impact evaluations.
• Non-compliance with GDPR can result in hefty fines of up to 20 million Euros or 4% of global annual turnover, whichever is more. 

It is to be understood that it does not matter where the company or the business is based; if they are dealing with the personal data of European Union residents, they must comply with GDPR. Impacting businesses worldwide, it has increased the bar for data protection and privacy standards everywhere. Businesses must ensure they adhere to the standards of GDPR when dealing with personal data because of the substantial financial penalties that can be imposed on organizations that fail to comply.

What is CCPA?

The California Consumer Privacy Act of 2018 (CCPA) is a law that was established to give California consumers more control over their personal and private information. It places certain responsibilities on businesses responsible for managing the private data of the general public. It includes several important privacy rights for consumers, such as:

• It gives the right to information to the individuals whose personal information is being accessed by companies or other businesses about how it is utilized and who it is shared with.
• Consumers have the right to delete the information they have provided, meaning they can ask the company or the business to delete their personal data or information that is private to them. However, there may be some exceptions to this rule.
• The consumers have the right to opt-out. That is, they can choose not to share their personal information to be sold or shared with third parties.
• Businesses are not allowed to discriminate against consumers who choose to exercise their rights under the CCPA. Companies should not refuse to provide goods or services, charge different prices, or offer lower-quality services because consumers exercise their privacy rights.

California voters approved Proposition 24, the California Privacy Rights Act (CPRA), in November 2020. The CPRA changed the CCPA and added more privacy protections that started on January 1, 2023. Some examples of these are:

• Consumers have the right to request corrections to any inaccurate personal information that businesses may have.
• Businesses are required to give consumers the choice to restrict the use and sharing of sensitive personal information.

The California Consumer Privacy Act places certain duties on businesses subject to its provisions. Some of these include being forthright about how and why personal information is collected and used and responding to requests from customers who wish to exercise their rights. Data brokers are among the many firms that must comply with the California Consumer Privacy Act (CCPA).

It is important to note that CPRA does not create a new law but rather amends and expands CCPA. As a result of the constant evolution of California’s privacy laws, the CCPA is commonly referred to as “CCPA, as amended.”

CCPA VS GDPR

Conclusion

Taking inspiration from established international data protection standards such as the GDPR and CCPA, Palestine has the opportunity to address its pressing data privacy concerns effectively. These regulations prioritize safeguarding individuals’ privacy but foster trust among citizens, attract potential investment and ensure alignment with global data protection norms. Implementing robust data protection laws in Palestine goes beyond being a mere legal requirement; it stands as a fundamental stride toward securing the rights and privacy of its citizens in an increasingly interconnected world.

In an age where data flows seamlessly across borders, embracing data protection laws becomes paramount to uphold core principles such as transparency, accountability, and security. Through the adoption of comprehensive data protection legislation, Palestine has the chance to build the groundwork for a digital landscape that respects individual privacy and encourages innovation. This move positions the country competitively on the global stage, demonstrating a commitment to safeguarding the rights and security of Palestinian citizens. Furthermore, it promotes responsible data management practices among businesses and government entities, ensuring a safer and more responsible digital future for all.

At Kurdi & Company, we excel in addressing paramount cybersecurity challenges, specifically in fortifying the security of personal data. We provide unparalleled legal expertise and guidance to a wide spectrum of clients, encompassing individuals, businesses, and government entities. Our core commitment is to uphold the sanctity and integrity of your data, ensuring strict compliance with pertinent regulations and fortifying your defences against evolving threats. Kurdi & Company stands as your steadfast partner in navigating the intricate realm of cybersecurity, offering bespoke solutions to match your distinct requirements.