חומר רקע

סקירה משווה– הגדרת "מידע אישי" בחקיקת פרטיות עדכנית ברחבי העולם GDPR – רגולציית הגנת הפרטיות של האיחוד האירופי (2018) (Article 4) ‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. OECD - Declaration on Government Access to Personal Data Held by Private Sector Entities (2022) “Personal data” refers to any information relating to an identified or identifiable individual. UK – Data Protection Act (2018) (Part 1, Section 2) "Personal data” means any information relating to an identified or identifiable living individual (subject to subsection (14)(c)). *Subsection 14(c) – "references to personal data, and the processing of personal data, are to personal data and processing to which Chapter 2 or 3 of Part 2, Part 3 or Part 4 applies;" Canada - Personal Information Protection and Electronic Documents Act (2000) (Article 2) Personal information means information about an identifiable individual. ( יצוין, כי החוק הקנדי האמורPIPEDA ) משנת2000 ,חל על המגזר הפרטי בלבד . ביחס למגזר ( הממשלתי קיים בקנדה חוק הגנת פרטיות נפרדPrivacy Act ) משנת1985 ., וההגדרה שם שונה New Zealand - Privacy Act (2020) (Part 1- Subpart 2) Personal information— (a) Means information about an identifiable individual; and (b) Includes information relating to a death that is maintained by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 2021 or any former Act (as defined in Schedule 1 of that Act). Australia – Privacy Act (1988) (Article 6) Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not. Switzerland - Revised Federal Act on Data Protection (2020) (Article 5) )(תרגום לא רשמי Personal data: all information relating to an identified or identifiable natural person; Personal data regarding a particular protection: 1. Data concerning religious, philosophical, political or opinions or activity in trade unions; 2. Data concerning health, intimate sphere or belonging to a race or to an ethnicity; 3. Genetic data; 4. Biometric data that uniquely identifies a natural person; 5. Data concerning administrative and criminal prosecutions and sanctions; 6. Data concerning social assistance measures; Brazil -LGPD (2020) (Article 5) I – Personal data: information regarding an identified or identifiable natural person; II – Sensitive personal data: personal data concerning racial or ethnic origin, religious belief, political opinion, trade union or religious, philosophical or political organization membership, data concerning health or sex life, genetic or biometric data, when related to a natural person; South Korea - PIPA (2020 עודכנה בשנת ההגדרה) (Article 2) The term "personal information" means any of the following information relating to a living individual: (a) Information that identifies a particular individual by his or her full name, resident registration number, image, etc; (b) Information which, even if it by itself does not identify a particular individual, may be easily combined with other information to identify a particular individual. In such cases, whether or not there is ease of combination shall be determined by reasonably considering the time, cost, technology, etc. used to identify the individual such as likelihood that the other information can be procured; (c) […] Japan - APPI (2015 עודכנה בשנת ההגדרה) (Article 2) (1) The term "personal information" as used in this Act means information about a living individual, and falls under one of the following items: (i) information that can be used to identify that specific individual due to its inclusion of a name, date of birth, or other description contained (any and all matters (that excludes individual identification codes) written, recorded or otherwise expressed using voice, movement or other methods in documents, drawings or electromagnetic records (meaning records made by electromagnetic format (electronic, magnetic or any other format that cannot be recognized through the human senses; the same applies in next paragraph, item (ii)); the same applies in Article 18, paragraph (2); the same applies hereinafter) in such information (this includes any information that can be cross-checked against other information and thereby used to identify that specific individual). (ii) Information that contains individual identification codes. India - Digital Personal Data Protection Act (2023) (Chapter 2) “Personal data” means any data about an individual who is identifiable by or in relation to such data; South Africa - POPI Act (2020) (Part 1- Subpart 2) ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to- (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well- being, disability, religion, conscience, belief, culture, language and birth of theperson; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; California – California Consumer Privacy Act (CCPA) (2018) (Section 1798.140) (1) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. (B) Any personal information described in subdivision (e) of Section 1798.80. (C) Characteristics of protected classifications under California or federal law. (D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. (E) Biometric information. (F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement. (G) Geolocation data. (H) Audio, electronic, visual, thermal, olfactory, or similar information. (I) Professional or employment-related information. (J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99). (K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. (L) Sensitive personal information. (2) “Personal information” does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this paragraph, “publicly available” means: information that is lawfully made available from federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media, or by the consumer; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. (3) “Personal information” does not include consumer information that is deidentified or aggregate consumer information. Virginia - Consumer Data Protection Act (2021) (Section 59.1-575) "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information. Colorado - Privacy Act (2021) (Section 6-1-1303) (17) "Personal data": (a) means information that is linked or reasonably linkable to an identified or identifiable individual; and (b) does not include de-identified data or publicly available information. as used in this subsection (17)(b), "publicly available information" means information that is lawfully made available from federal, state, or local government records and information that a controller has a reasonable basis to believe the consumer has lawfully made available to the general public. Texas - Data Privacy and Security Act (2023) (541.001) "Personal data" means any information, including sensitive data, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous data when the data is used by a controller or processor in conjunction with additional information that reasonably links the data to an identified or identifiable individual. The term does not include de-identified data or publicly available information.