General Data Protection Regulation Research Articles

Tell me something new: data subject rights applied to inferred data and profiles

The EU General Data Protection Regulation (GDPR) contains several data subject rights, but for many of these rights it is not entirely clear how they should work in practice, especially in digital environments. Most data subject rights apply to personal data obtained directly or indirectly from the data subject. This is often personal data that data subjects already are familiar with, i.e., things they already know about themselves. Unclear, however, is to what extent ascribed personal data, such as inferred data and categories or profiles in which data subjects are placed by data controllers, are within the scope of these rights. Such ascribed personal data often concerns novel information, generated by data controllers, and includes insights into how controllers view and assess them, which may have practical and legal impact on data subjects. Given these characteristics, the ascribed personal data may be much more interesting to data subjects, so it appears beneficial, from the policy perspective, to have this novel information included in the scope of data subject rights. If data subject rights do not apply to inferred data and profiles, invoking these rights is unlikely to be informative and provide meaningful information for data subjects, particularly in complex, digital environments. However, if data subject rights do apply to inferred data and profiles, the scope of these rights may be hard to delineate and they may quickly interfere with rights and freedoms of others, including trade secrets of data controllers and privacy rights of other data subjects. In this article, we investigate the implications of applying data subject rights to inferred data and profiles. For each data subject right in the GDPR, we assess which types of personal data could and perhaps should be in scope, based on grammatical and teleological legal analyses as well as practical considerations. While the area of data subject rights received significant academic attention in the past years, our article contributes to the discussion by providing a systematic, holistic framework to consider the scope of the rights in relation to ascribed data.

DATA PRIVACY AND SECURITY IN IT: A REVIEW OF TECHNIQUES AND CHALLENGES

In today's interconnected digital world, data privacy and security have emerged as paramount concerns for individuals, organizations, and governments alike. This review provides a comprehensive review of techniques and challenges surrounding data privacy and security in information technology (IT) systems. The review begins by outlining the significance of data privacy and security in IT, emphasizing the proliferation of sensitive information stored and transmitted across various digital platforms. With the exponential growth of data collection, storage, and processing, ensuring the confidentiality, integrity, and availability of data has become imperative. Next, the review delves into the techniques employed to safeguard data privacy and security in IT environments. Encryption techniques, such as symmetric and asymmetric cryptography, play a crucial role in protecting data from unauthorized access and interception. Additionally, access control mechanisms, including authentication and authorization protocols, help manage user privileges and restrict unauthorized entry into sensitive data repositories. Furthermore, anonymization and pseudonymization techniques are utilized to conceal personally identifiable information (PII) and mitigate the risk of identity theft and privacy breaches. Moreover, the review discusses the challenges associated with data privacy and security in IT ecosystems. These challenges include the evolving nature of cyber threats, such as malware, ransomware, and social engineering attacks, which constantly test the resilience of IT defenses. Additionally, compliance with regulatory frameworks, such as the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA), presents significant challenges for organizations striving to adhere to stringent data protection standards while maintaining operational efficiency. Furthermore, emerging technologies, such as the Internet of Things (IoT) and artificial intelligence (AI), introduce novel security risks and privacy concerns due to their interconnected nature and reliance on vast amounts of data. In conclusion, the review underscores the critical importance of continuously evaluating and enhancing data privacy and security measures in IT systems to mitigate risks, comply with regulations, and foster trust among stakeholders in an increasingly digitalized world.
 Keywords: Data, Privacy, Security, IT, AI.

Blockchain based general data protection regulation compliant data breach detection system

Context Data breaches caused by insiders are on the rise, both in terms of frequency and financial impact on organizations. Insider threat originates from within the targeted organization and users with authorized access to an organization’s network, applications, or databases commit insider attacks. Motivation Insider attacks are difficult to detect because an attacker with administrator capabilities can change logs and login records to destroy the evidence of the attack. Moreover, when such a harmful insider attack goes undetected for months, it can do a lot of damage. Such data breaches may significantly impact the affected data owner’s life. Developing a system for rapidly detecting data breaches is still critical and challenging. General Data Protection Regulation (GDPR) has defined the procedures and policies to mitigate the problems of data protection. Therefore, under the GDPR implementation, the data controller must notify the data protection authority when a data breach has occurred. Problem Statement Existing data breach detection mechanisms rely on a reliable third party. Because of the presence of a third party, such systems are not trustworthy, transparent, secure, immutable, and GDPR-compliant. Contributions To overcome these issues, this study proposed a GDPR-compliant data breach detection system by leveraging the benefits of blockchain technology. Smart contracts are written in Solidity and deployed on a local Ethereum test network to implement the solution. The proposed system can generate alert notifications against every data breach. Results We tested and deployed our proposed system, and the findings indicate that it can accomplish the insider threat mitigation objective. Furthermore, the GDPR compliance analysis of our system was also evaluated to make sure that it complies with the GDPR principles (such as right to be forgotten, access control, conditions for consent, and breach notifications). The conducted analysis has confirmed that the proposed system offers capabilities to comply with the GDPR from an application standpoint.

DATA PRIVACY LAWS AND COMPLIANCE: A COMPARATIVE REVIEW OF THE EU GDPR AND USA REGULATIONS

This Review provides an overview of the comparative review of data privacy laws and compliance, focusing on the European Union's General Data Protection Regulation (EU GDPR) and data protection regulations in the United States. The analysis explores key similarities and differences, emphasizing their implications for businesses and individuals. The EU GDPR, implemented in 2018, stands as a landmark regulation governing data protection and privacy for individuals within the European Union and the European Economic Area. In contrast, the United States lacks a comprehensive federal data privacy law. Instead, it relies on a patchwork of sector-specific laws and state regulations, such as the California Consumer Privacy Act (CCPA) and the Health Insurance Portability and Accountability Act (HIPAA). One major distinction lies in the overarching principles of these regulations. The EU GDPR adopts a comprehensive and rights-based approach, emphasizing individual rights to privacy, data portability, and the "right to be forgotten." In contrast, the U.S. system often focuses on specific industries or types of data, leading to a more fragmented regulatory landscape. Both regulatory frameworks incorporate principles of transparency, consent, and data breach notification. However, differences in enforcement mechanisms and penalties exist. The EU GDPR imposes significant fines for non-compliance, reaching up to 4% of a company's global annual revenue. In the U.S., penalties vary by state, and enforcement is often reactive, triggered by data breaches. Businesses operating globally must navigate these distinct regulatory landscapes, necessitating a nuanced approach to data privacy compliance. Multinational corporations must adhere to the more stringent requirements when handling EU citizens' data while also considering the diverse regulations within the U.S. This review underscores the ongoing evolution of data privacy laws worldwide and the critical importance for organizations to stay abreast of these developments. It emphasizes the need for a proactive and adaptive approach to data privacy compliance, taking into account the unique requirements and expectations of both the EU GDPR and U.S. regulations.
 Keywords: Data Privacy, Laws, Compliance, EU GDPR, Regulations.

Enforcement of data breaches in the Dutch and British healthcare sector: a contribution to clarifying requirements of data protection by design?

ABSTRACT Within the healthcare sector, highly sensitive personal data, including data concerning health, is processed. The careless handling of such data can have a significant impact on the fundamental rights and freedoms of natural persons. It is central that data protection principles, including data protection by design, are followed by the healthcare sector. When these requirements are not met, it is crucial that enforcement action is taken to prevent personal data breaches. This article compares the enforcement carried out in the Netherlands and in the UK for breaches in the healthcare sector of the General Data Protection Regulation and the UK Data Protection Act 2018. The author reflects on whether more effective enforcement measures would lead to healthcare developments that are compliant with the data protection by design obligation (Article 25 of the GDPR). It is argued that in turn,compliance with this obligation can prevent personal data breaches and data protection complaints, rendering enforcement, and consequently recovery, superfluous.

Privacy regulation and firm performance: Estimating the GDPR effect globally

AbstractThis paper examines how privacy regulation shaped firm performance. Controlling for firm and country‐industry‐year unobserved characteristics, we compare the outcomes of firms at different levels of exposure to EU markets, before and after the enforcement of the General Data Protection Regulation (GDPR) in 2018. We find that the GDPR had the unintended consequence of harming the profitability of companies targeting European consumers through the cost channel. Technology firms experienced a 2.1% decline in profits, but not in sales. The GDPR increased extra expenses, added to firms wage bills, and accelerated patenting in GDPR‐related technology fields. The main burdens have been borne by smaller companies.

Plugins and POPI: A Critical Discussion into the Legal Implications of Social Plugins and the Protection of Personal Information

Social plugins are one of the many trackers used by companies with an online presence. However, under the Protection of Personal Information Act 4 of 2013 (POPI), these trackers have certain legal consequences for internet users. The main reason for this is that trackers tend to process personal information without informing internet users that their data are being collected, the reason for the collection or processing thereof, or who the responsible parties are that are collecting and processing the personal information. The article looks at these issues, amongst others, in the light of a 2019 judgment from the Court of Justice of the European Union or CJEU, namely, Case C-40/17 Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW e.V. EU:C:2019:629. Due to the fact that it has had data protection legislation for much longer than other countries or legal jurisdictions, including South Africa, the European Union (the EU) has a substantial body of case law interpreting the data protection legislation of the EU itself as well as that of the individual member states. One of the main instruments used as guidance by the drafters of POPI was Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (hereafter Directive 95/46). Directive 95/46 was previously considered the gold standard, before Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation) (hereafter the GDPR) was enacted and Directive 95/46/EC was finally repealed. Since Directive 95/46 was one of the main guiding documents used in drafting POPI, one may expect that the South African courts may turn to the EU and consider how the CJEU has interpreted the similar provisions contained in Directive 95/46, especially since there is very little South African jurisprudence available on POPI. The four main issues under discussion are: who, other than the internet users, has the locus standi to bring an application in terms of POPI? Second, what are the responsibilities of joint responsible parties towards internet users? Third, where there are joint responsible parties, do both need a legitimate interest to process personal information? Lastly, who will be responsible for obtaining the necessary consent to process the personal data?

Peculiarities of processing children's personal data in mobile applications and games

Children and young people are often at the forefront of grasping the new and exciting opportunities the Internet can offer such as playing, communicating, experimenting with relationships and identities, learning, creating and expressing themselves. It is estimated that globally one in three of Internet users are under the age of 18. This paper examines how online platforms (Meta, Google, TikTok, etc.) protect children's personal data and how they determine whether consent is given by the correct person and whether the consent can be used as the lawful ground for processing personal data. This paper also observes the role of a parent or guardian in the giving of consent regarding the processing of a child's personal data. The paper will examine questions such as what is the digital age, what is the General Data Protection Regulation regarding the protection of children's personal data and what are the examples of European countries in this regard?

Synthetic data and data protection laws

While synthetic data has the potential to address privacy concerns associated with real-world data in many scenarios — ranging from health applications to machine learning — organisations must proceed carefully to ensure they do not inadvertently violate the General Data Protection Regulation or other data protection laws. The boundaries between the processing of personal and anonymised data are sometimes overlooked, creating potential risks for individuals' rights and freedoms. This paper will start from a definition of synthetic data and, after reviewing some foreseeable use cases (also promoted by forthcoming sector legislations in the areas of artificial intelligence and data sharing), it will address the conditions set out in data protection laws (the EU General Data Protection Regulation in primis) in order to consider a set of data as properly anonymised, as well as the phases of synthetic data generation and use where personal data might still be processed, proposing some reflections towards genuine legal compliance.

The EU Artificial Intelligence (AI) Act: An Introduction

As part of its digital strategy, the European Commission proposed the world’s first-ever comprehensive legal framework on AI in April 2021. In December 2023, the Council and the Parliament reached a political agreement on the EU’s new Artificial Intelligence Act (AI Act). The AI Act follows a risk-based approach and aims to ensure that AI systems placed on or used in the EU market are safe and respect fundamental rights. The AI Act is expected to become a model for AI governance worldwide in a similar way that the General Data Protection Regulation (GDPR) has influenced data protection regulation beyond European borders. While technical negotiations on the final text are ongoing and the final wording of the provisional agreement is not yet public, this article aims at providing a detailed overview and analysis of the upcoming provisions and requirements of the AI Act based on public (and some non-public) reports and press releases on the political agreement reached by the Council and the Parliament. AI Act, EU, Artificial Intelligence, AI, AI Systems, High-Risk, General Purpose, GPAI, Generative AI, Foundation Models, ChatGPT

Data Protection Issues in Automated Decision-Making Systems Based on Machine Learning: Research Challenges

Data protection issues stemming from the use of machine learning algorithms that are used in automated decision-making systems are discussed in this paper. More precisely, the main challenges in this area are presented, putting emphasis on how important it is to simultaneously ensure the accuracy of the algorithms as well as privacy and personal data protection for the individuals whose data are used for training the corresponding models. In this respect, we also discuss how specific well-known data protection attacks that can be mounted in processes based on such algorithms are associated with a lack of specific legal safeguards; to this end, the General Data Protection Regulation (GDPR) is used as the basis for our evaluation. In relation to these attacks, some important privacy-enhancing techniques in this field are also surveyed. Moreover, focusing explicitly on deep learning algorithms as a type of machine learning algorithm, we further elaborate on one such privacy-enhancing technique, namely, the application of differential privacy to the training dataset. In this respect, we present, through an extensive set of experiments, the main difficulties that occur if one needs to demonstrate that such a privacy-enhancing technique is, indeed, sufficient to mitigate all the risks for the fundamental rights of individuals. More precisely, although we manage—by the proper configuration of several algorithms’ parameters—to achieve accuracy at about 90% for specific privacy thresholds, it becomes evident that even these values for accuracy and privacy may be unacceptable if a deep learning algorithm is to be used for making decisions concerning individuals. The paper concludes with a discussion of the current challenges and future steps, both from a legal as well as from a technical perspective.

Simplifying Multimodal Clinical Research Data Management: Introducing an Integrated and User-friendly Database Concept.

Clinical research, particularly in scientific data, grapples with the efficient management of multimodal and longitudinal clinical data. Especially in neuroscience, the volume of heterogeneous longitudinal data challenges researchers. While current research data management systems offer rich functionality, they suffer from architectural complexity that makes them difficult to install and maintain and require extensive user training. The focus is the development and presentation of a data management approach specifically tailored for clinical researchers involved in active patient care, especially in the neuroscientific environment of German university hospitals. Our design considers the implementation of FAIR (Findable, Accessible, Interoperable, and Reusable) principles and the secure handling of sensitive data in compliance with the General Data Protection Regulation. We introduce a streamlined database concept, featuring an intuitive graphical interface built on Hypertext Markup Language revision 5 (HTML5)/Cascading Style Sheets (CSS) technology. The system can be effortlessly deployed within local networks, that is, in Microsoft Windows 10 environments. Our design incorporates FAIR principles for effective data management. Moreover, we have streamlined data interchange through established standards like HL7 Clinical Document Architecture (CDA). To ensure data integrity, we have integrated real-time validation mechanisms that cover data type, plausibility, and Clinical Quality Language logic during data import and entry. We have developed and evaluated our concept with clinicians using a sample dataset of subjects who visited our memory clinic over a 3-year period and collected several multimodal clinical parameters. A notable advantage is the unified data matrix, which simplifies data aggregation, anonymization, and export. THIS STREAMLINES DATA EXCHANGE AND ENHANCES DATABASE INTEGRATION WITH PLATFORMS LIKE KONSTANZ INFORMATION MINER (KNIME): . Our approach offers a significant advancement for capturing and managing clinical research data, specifically tailored for small-scale initiatives operating within limited information technology (IT) infrastructures. It is designed for immediate, hassle-free deployment by clinicians and researchers.The database template and precompiled versions of the user interface are available at: https://github.com/stebro01/research_database_sqlite_i2b2.git.

Return of participant-level clinical trial results to participants: pilot of a simplified centralised approach

ObjectivesPublic access databases such as clinicaltrials.gov achieve dissemination of clinical trial design and aggregated study results. However, return of participant-level data is rarely done. A key barrier includes the proprietary...

An Innovative approach to Improve the Quality of Pharmaceuticals approach using Cloud Computing

INTRODUCTION: Pharmaceuticals evolve alongside advancing technology driven by ongoing research and pharmaceutical companies’ production of new medications. Ongoing research and adjustment are necessary for various aspects of the pharmaceutical sector, such as patient understanding, drug testing, manufacturing, and communication of complex concepts through technology. OBJECTIVES: This paper discusses the intersection of cloud computing, technological advancements, and healthcare applications. METHODS: The Azure Cloud facilitates data processing, customer and patient engagement, employee and care team empowerment, clinical and operational optimisation, and healthcare digital transformation in the pharmaceutical industry. The integration of Microsoft Azure cloud technologies inside the pharmaceutical industry is examined in this research. RESULTS: Analysing how Internet of Things (IoT) sensors and the Industrial Internet of Things (IIoT) are used in pharmaceutical manufacturing and logistics, benefits in drug research, production monitoring and supply chain optimisation are highlighted. CONCLUSION: Cloud computing's potential to facilitate General Data Protection Regulation compliance, improve security, and promote innovation is explored.

GDPR's impact on cybersecurity: A review focusing on USA and European practices

The General Data Protection Regulation (GDPR) has emerged as a landmark legislation reshaping the global landscape of data privacy and cybersecurity. Enforced in May 2018, the GDPR has had a profound impact on organizations worldwide, prompting a reevaluation of cybersecurity practices to ensure compliance with stringent data protection standards. This paper provides a comprehensive review of GDPR's influence on cybersecurity, with a particular emphasis on the contrasting approaches and practices adopted in the United States (USA) and Europe. The GDPR introduces a set of robust principles designed to protect the rights and privacy of individuals, emphasizing the need for transparency, accountability, and proactive measures to safeguard personal data. Its extraterritorial scope extends its impact beyond European borders, compelling businesses operating globally to adhere to its regulations. This paper explores the challenges and opportunities arising from GDPR compliance, examining how organizations in the USA and Europe have navigated the evolving cybersecurity landscape. In the USA, where privacy regulations historically differed across states, the GDPR has prompted discussions around the development of federal privacy laws. The review delves into the varying approaches adopted by American businesses, considering the interplay between state and federal regulations in shaping cybersecurity strategies. Conversely, European practices reflect a proactive response to the GDPR, as organizations have embraced the principles embedded in the regulation to fortify cybersecurity frameworks. The paper investigates the evolution of cybersecurity standards in Europe, highlighting successful strategies and potential areas for improvement. By synthesizing experiences from both sides of the Atlantic, this review contributes to a deeper understanding of the GDPR's impact on cybersecurity. It sheds light on the evolving dynamics of data protection, offering insights for organizations seeking to enhance their cybersecurity resilience in the face of a rapidly changing regulatory landscape.

A roadmap to achieving a healthier information ecosystem through GDPR implementation and privacy compliance technologies

AbstractPrivacy protection has become a central issue in information science, with the General Data Protection Regulation (GDPR) significantly impacting information ecosystems. Research gaps persist in understanding the causal relationship between GDPR implementation and websites' proactive changes, such as adopting privacy compliance technologies. This study aims to examine the influence of GDPR implementation on websites' information ecosystems and identify boundary conditions that may affect this relationship. Utilizing domain‐level data from a professional platform tracking website technologies before and after GDPR implementation, which encompasses a comprehensive longitudinal dataset of over 1.2 million websites, our results indicate that GDPR implementation has increased the decision, breadth, depth, and intensity of adopting related technologies. The variance in these adoptions is significantly shaped by the differing levels of institutional impacts experienced by trailblazing versus laggard industries. Our study contributes to the literature by revealing the importance of policy factors in fostering a healthier information ecosystem. We demonstrate the complex nature of the relationship between policy factors and technology adoption, highlighting the need for researchers to consider institutional context and industry‐specific characteristics. We further discuss valuable insights for relevant stakeholders.

Global data privacy laws: A critical review of technology's impact on user rights

In the rapidly evolving landscape of technology, the intersection with data privacy laws has become a focal point for scholars, policymakers, and practitioners alike. This paper provides a comprehensive and critical examination of the global data privacy laws in light of the profound impact of technology on user rights. As the digital era progresses, the balance between technological innovation and the protection of individual privacy rights has become increasingly complex. The analysis encompasses a wide range of global data privacy frameworks, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant regional legislations. The paper explores the challenges and opportunities presented by emerging technologies, such as artificial intelligence, machine learning, and big data analytics, in shaping the landscape of data protection. Furthermore, the study evaluates the effectiveness and enforcement mechanisms of existing data privacy laws in addressing the ethical implications of technology, particularly in the context of user consent, data breaches, and algorithmic decision-making. Special attention is given to the evolving nature of digital surveillance, biometric data processing, and the implications of cross-border data transfers. In order to foster a comprehensive understanding, the paper also reviews the evolving nature of user rights and consent in the digital age. It critically examines the adequacy of current legal frameworks in addressing the challenges posed by technology-driven intrusions into individual privacy, considering issues of transparency, accountability, and user empowerment. By providing a nuanced analysis of the interplay between global data privacy laws and technological advancements, this paper aims to contribute to the ongoing discourse on the need for adaptive and robust legal frameworks. It calls for a proactive approach to address the evolving landscape, advocating for a harmonized and globally inclusive regulatory environment that safeguards user rights without stifling technological innovation.

ANALYSIS OF LEGAL PROTECTION OF BANKING CUSTOMER DATA IN REVIEW OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION

The protection of banking customer data is increasingly important along with the advancement of information technology and the adoption of electronic banking services by the public. Although Law No. 8/1999 on Consumer Protection (UUPK) already exists, it only regulates consumer protection in general and does not specifically regulate the protection of banking customer data. In practice, the implementation of the GCPL is also limited due to the lack of sanctions for customer data breaches. Therefore, this paper examines the international standard personal data regulation that refers to the General Data Protection Regulation (GDPR) to understand more about customer data protection. This paper aims to analyze the legal protection provided to banking customer data in the context of Law No. 8/1999 on Consumer Protection. By examining the provisions of the law, this paper attempts to evaluate the extent to which the existing regulations have been able to effectively protect banking customer data. The analysis shows that although Law No. 9/1999 provides a legal basis for consumer protection in general, the specific protection of banking customer data still needs to be strengthened through more specific regulations and more effective law enforcement mechanisms

Patients' knowledge, preferences, and perspectives about data protection and data control: an exploratory survey.

Background: In the European Union, the General Data Protection Regulation (GDPR) plays a central role in the complex health research legal framework. It aims to protect the fundamental right to the protection of individuals' personal data, while allowing the free movement of such data. However, it has been criticized for challenging the conduct of research. Existing scholarship has paid little attention to the experiences and views of the patient community. The aim of the study was to investigate 1) the awareness and knowledge of patients, carers, and members of patient organizations about the General Data Protection Regulation, 2) their experience with exercising data subject rights, and 3) their understanding of the notion of "data control" and preferences towards various data control tools. Methods: An online survey was disseminated between December 2022 and March 2023. Quantitative data was analyzed descriptively and inferentially. Answers to open-ended questions were analyzed using the thematic analysis method. Results: In total, 220 individuals from 28 European countries participated. The majority were patients (77%). Most participants had previously heard about the GDPR (90%) but had not exercised any of their data subject rights. Individual data control tools appeared to be marginally more important than collective tools. The willingness of participants to share personal data with data altruism organizations increased if patient representatives would be involved in the decision-making processes of such organizations. Conclusion: The results highlighted the importance of providing in-depth education about data protection. Although participants showed a slight preference towards individual control tools, the reflection based on existing scholarship identified that individual control holds risks that could be mitigated through carefully operationalized collective tools. The discussion of results was used to provide a critical view into the proposed European Health Data Space, which has yet to find a productive balance between individual control and allowing the reuse of personal data for research.

A COMPARATIVE REVIEW OF DATA ENCRYPTION METHODS IN THE USA AND EUROPE

Data encryption is a critical aspect of modern information security, and understanding the approaches taken by different regions is vital for a comprehensive analysis. In the United States and Europe, data encryption methods vary in implementation, legal frameworks, and overall priorities. In the United States, encryption methods are primarily governed by a combination of federal laws and industry standards. The National Institute of Standards and Technology (NIST) plays a central role in recommending cryptographic standards, while the Department of Commerce oversees export controls on encryption technology. The focus in the U.S. is on balancing national security needs with individual privacy rights. The tension between law enforcement's desire for access to encrypted data for criminal investigations and the right to privacy has sparked debates and legal battles. On the other hand, Europe has taken a more privacy-centric approach to data protection. The General Data Protection Regulation (GDPR) is a cornerstone in the European Union's efforts to safeguard individual privacy rights. GDPR mandates the use of encryption to protect personal data, and failure to implement adequate measures can result in hefty fines. European countries also emphasize the importance of end-to-end encryption in communication services to ensure confidentiality. Both regions prioritize encryption, but their approaches reflect different values and legal philosophies. The U.S. tends to navigate a delicate balance between national security and individual rights, while Europe places a stronger emphasis on the protection of personal data as a fundamental right. In terms of technological implementation, the encryption algorithms adopted in both regions are often aligned with global standards. Advanced Encryption Standard (AES) is widely accepted and implemented in various sectors. However, the choice of key management and the level of regulatory oversight differ, contributing to the nuanced landscape of data protection. In conclusion, a comparative review of data encryption methods in the USA and Europe reveals the complex interplay between security, privacy, and legal frameworks. Understanding these differences is crucial for multinational organizations and individuals navigating the intricate landscape of global data protection.
 Keywords: Data, Encryption, USA, Europe, Review.