Research Article

Research on Legal Constraints of Individual Environmental Data Rights and Interests in Big Data Environment

Table 1

The legislative status of personal information right protection.

RegionRelated legislationRemark

European UnionData Protection Directive, 1995The general data protection regulations were further revised in 2014 and 2016, with the latest version coming into force in May 2018. To date, it is the latest and most comprehensive legal document on personal data protection in the international community.
Directive No.95/46/EC/ of the European Parliament and of the Council on entry protection relating to the processing of entry data and the free circulation of such data, 1995
European Union Privacy Directive, 1998
Privacy and Electronic Communications Directive 2002
European Union Data Retention Directive, 2006
Draft No.2012/72 and 73 on the protection of individuals in relation to the processing of personal data and the free flow of such data, 2012

General data protection ordinance, 2012
European commissionThe 1981 convention on the protection of individuals in the automated processing of personal data was amended, 1999
Additional agreement on regulatory authorities and cross-border data flows to the convention on personal protection in the automated processing of personal data, 2001
Convention on personal protection in the processing of personal data, 2012

GermanyThe German state of Hesse enacted the Data Law of Hesse, the world's first specialized personal data protection law, 1970The Federal Data Protection Act of 1977 stipulates that only with the consent of the parties concerned can personal data be collected, processed, and used, and the data parties have the right to know, correct, delete, and screen.
Germany enacted a national Federal Data Protection Act, 1977

SwedenSwedish Data Act 1973The world's first national personal data protection law
Personal Data Act 1998 (supersedes the former)

FranceInformation, Records and Freedom Act, 1978

BritainUK Data Protection Act, 1984

AustraliaThe Privacy Act 1988 was passed in November 2012 and the Privacy Act Amendment Act came into force in March 2014

JapanPersonal Information Protection Act, 1988
Law on the protection of personal data of administrative bodies in relation to computer processing, 1990
Personal Information Protection Act, 2003

MalaysiaThe Personal Data Protection Law was passed in 2010 and came into force on November 15, 2013

AmericaThe Fair Credit Reporting Act, 1970
Bank Secrecy Act, 1970
Fair Information General Rules, 1973
Privacy Act, 1974
Financial Privacy Act, 1978
Family Educational Rights and Privacy Act, 1978
Privacy Protection Act, 1980
Electronic Communications Secrecy Act, 1986
Federal Electronic Communications Privacy Protection Act, 1986
Computer Comparison and Privacy Protection Act, 1988
Telemarketing Consumer Protection Act, 1991
Consumer Credit Reporting Act, 1996
Children's Online Privacy Protection Act, 1998
National Cybersecurity and Critical Infrastructure Protection Law, 2002
Consumer Information Privacy Act, 2010
Internet Privacy Protection Act, 2012
Federal Privacy Act, 2014
California Online Privacy Protection Act, 2014
Privacy Shield Agreement, 2016

NetherlandsData Registration Act 1988; Personal Data Protection Act, 1999 (supersedes the former)The Personal Data Protection Law of The Netherlands enacted in 1999 stipulates the following principles for government agencies to collect personal information: Personal data processing shall be carried out in accordance with the law and in a reasonable and appropriate manner; the collection of personal data must be accurate, authentic, and legitimate; the data subject has made an explicit consent to its own data processing; the processing of personal data should not exceed the scope of the data acquisition purpose; after the purpose of collection and processing of personal data is realized, the personal data shall not continue to be stored in the form of data subject being identified.

New ZealandPrivacy Act, 1993There are 12 information privacy principles: The purpose of collecting individual information is legal; personal information comes from the person himself; rules for collecting information from the person; storage and security of personal information; get entry information; modify the input information; review of alignment and accuracy before use; the agency shall not hold personal information for longer than necessary; restrict the use of incoming information; restrictions on the disclosure of personal information; unique identification marks, etc.

OECDGuidelines on privacy protection and cross-border flow of personal data, 1980

United Nations General AssemblyGuidelines on specification of personal data documents for computer processing, 1990

APECAPEC Privacy Framework, 2004

Taiwan, ChinaComputer Processing of Personal Data Protection Act, 1995It regulates schools, hospitals, telecommunications, finance, and insurance.
Personal Data Protection Act, 2012The scope of use is extended to all industries. According to article 6, it classifies sensitive personal information based on whether it is related to individual core privacy, including “personal INFORMATION related to medical treatment, gene, sexual life, health examination, and criminal record.”

Hong Kong, ChinaPersonal Data (Privacy) Ordinance, 1996. The Personal Data (Privacy) (Amendment) Ordinance was enacted in June, 2012