Objective
The objective of the User Data Protection Act (UDPA) is to enhance user privacy and security by establishing clear guidelines and requirements for the collection, processing, storage, and sharing of user data. The Act seeks to protect individual rights over personal information, promote transparency in data practices, and hold organizations accountable for data security.
Definitions
• User Data: Any information that relates to an identified or identifiable individual, including but not limited to names, contact information, online identifiers, financial data, health records, and behavioral data.
• Data Subject: The individual to whom personal data relates.
• Data Controller: An entity that determines the purpose and means of processing personal data.
• Data Processor: An entity that processes personal data on behalf of the data controller.
• Explicit Consent: A clear and informed agreement from the data subject for the collection, use, or sharing of their data.
• Sensitive Data: Categories of data that require extra protection due to their nature, such as health information, biometric data, and data on racial or ethnic origins.
Key Components
- Data Collection and Consent
• Explicit Consent: Organizations must obtain clear, informed, and explicit consent from users before collecting, processing, or sharing personal data.
• Minimum Data Collection: Only data necessary for the intended purpose should be collected, and data collection should be limited to the duration of service use.
• Children’s Data: Specific provisions for parental consent must be enforced for users under the age of 16.
- Protection of Children’s Data
• Parental Consent: For users under the age of 16, organizations must obtain verifiable parental or guardian consent before collecting, processing, or sharing the child’s data. Parental consent must be documented and re-verified every two years or at significant changes to the service.
• Age Verification: Organizations are required to implement age-verification mechanisms to ensure they are aware of users’ ages and apply appropriate protections for minors.
• Age-Appropriate Privacy Settings: By default, all settings for users under 16 should prioritize privacy and limit data sharing. Minors should not be required to provide any personal information not directly relevant to the service.
• Data Minimization for Children: Only essential information should be collected from children, and it should not be retained beyond necessary service use.
• Educational Content and Transparency: Privacy policies and terms of service directed at minors must be written in simple, age-appropriate language. Additionally, organizations should provide educational resources to help children and their guardians understand data privacy.
• Prohibition on Targeted Advertising and Profiling: Organizations are prohibited from using children’s data for behavioral advertising, profiling, or any other automated decision-making processes without parental consent.
• Right to Access and Deletion for Guardians: Parents or guardians have the right to access their child’s personal data and request its deletion at any time, provided it does not contradict necessary legal or service-related obligations.
- User Rights
• Right to Access: Users have the right to access their personal data collected by an organization.
• Right to Rectification: Users can request corrections to inaccurate or outdated information.
• Right to Erasure (Right to be Forgotten): Users can request the deletion of their data under certain conditions, such as no longer being necessary for the original purpose.
• Data Portability: Users can request their data in a standardized format for transfer to another service provider.
- Transparency and Accountability
• Privacy Policies: Organizations must provide accessible, clear, and comprehensive privacy policies that detail data practices, including collection, processing, and sharing policies. Privacy policies should be:
• Concise and Understandable: Limited to no more than five pages and written in plain English to be easily understood by users of all backgrounds.
• Accessible: Provided in a digital format that is easy to navigate, and available in multiple languages where applicable.
• Data Breach Notification: In the event of a data breach, organizations must notify affected individuals and relevant authorities within 72 hours.
• Data Protection Officers (DPOs): Organizations processing significant volumes of user data must appoint a DPO to oversee compliance with the Act.
- Data Security Requirements
• Security Measures: Organizations are required to implement technical and organizational measures to protect user data against unauthorized access, loss, or misuse.
• Regular Audits: Organizations must conduct regular audits and assessments to ensure compliance with data protection standards.
- Third-Party Data Sharing
• Data Sharing Transparency: Users must be informed whenever their data is shared with third parties, with clear information about the recipient, purpose, and duration of sharing.
• Restrictions on Data Sharing: Organizations should limit data sharing to trusted third parties with adequate security measures and compliance policies.
- Penalties and Enforcement
• Fines and Sanctions: Violations of the UDPA can result in penalties proportional to the severity of the breach, including fines up to 4% of annual global revenue or $20 million, whichever is higher.
• Regulatory Authority: A national data protection authority will be established to monitor compliance, investigate complaints, and enforce penalties.