What type of PII is controlled based on laws and carries legal penalties for noncompliance with requirements?
What type of PII is controlled based on laws and carries legal penalties for noncompliance with requirements?
Regulated PII involves those requirements put forth by specific laws or regulations, and a violation can lead to fines or even criminal charges in some jurisdictions. This distinguishes it from other types of PII like contractual, which are governed by agreements between parties and not necessarily subject to legal penalties. Therefore, PII that is controlled based on laws and carries legal penalties for noncompliance is classified as regulated PII.
Difference Between Contractual and Regulated Private Data Contractual and regulated data may coexist within a single complementary context; a contract may be formulated to enforce the adherence to a regulation or set of regulations and a regulation may define the need to have contractual relationships between provider and consumer. The intent of a contract is to provide for a legally binding instrument that governs the acts, expectations, and behaviors between two or more parties. A regulation is typically confined to a specific industry or process that involves a provider and consumer (although the term regulation is used occasionally tied to laws).
B. Regulated
“Regulated PII” refers to personally identifiable information that is protected by specific laws (e.g., HIPAA, GDPR, FERPA) and imposes legal penalties for noncompliance. While all PII needs some level of protection, regulated PII must adhere to specific statutory or regulatory requirements, making it subject to legal enforcement.