A Guide to Personally Identifiable Information (PII)
As technology evolves, the way businesses operate, governments regulate, and individuals communicate
have all changed. Digital tools such as cell phones, the Internet, e-commerce, facial recognition
systems to unlock devices and social media have increased the availability of all types of data,
including the most sensitive of all data: social security numbers, medical history and information,
browsing history, shopping preferences, and even darker and more private personal information.
Everything you do online leaves a trace.
Data is continually being created that can be traced back to you, regardless of what kind of gadget
you're using. In addition, personally identifiable information (PII) is frequently created without your
consent. This guide will help you understand what personally identifiable information is, how it is
used, the different types, PII under the GDPR and examples of class action lawsuits.
What is Personally Identifiable Information (PII)?
Personal data must be acquired, stored, and destroyed in accordance with compliance requirements and
rules in many regions of the world. The collecting and processing of massive amounts of data has made
PII a much greater component of personal privacy as corporations may be held accountable if such
information is improperly accessed, utilized, or revealed.
Personally identifiable information, or PII, is any information that may be used to identify an
individual directly or indirectly. It consists of data that, on its own or in combination with other
data, can be used to tell a person's identity. PII includes sensitive and non-sensitive data, including
a person's name, phone number, address, email address, birth date, and Social Security, credit card, and
bank account numbers. PII gathered from other sources may also comprise anonymous identifiers and
behavioral data, such as handwriting, fingerprints, and pictures of the data subject.
Different Types of Personally Identifiable Information
PII can be categorized into two; sensitive and non-sensitive:
• Sensitive PII
Sensitive data is information that could be damaging to an individual if lost or stolen, for example,
banking accounts, tax information, employee personnel records, credit and debit card numbers, passport
information, email addresses, Internet account numbers, passwords, and biometric data. This type of
sensitive information is mandated to limited exposure by different laws, contracts, or ethics
requirements. Hackers want this sensitive information, but they can't access it legally. As one might
imagine, restricted data is frequently protected by the most extreme security processes.
• Non-Sensitive PII
Non-sensitive PII is information that can be sent unencrypted without causing harm to the recipient. One
can easily get this data from public documents, phone books, company directories, and websites. This
kind of data can be freely distributed, and it includes date of birth, residence, religion, ethnicity,
sexual orientation, IP addresses, and business and personal phone numbers. Non-sensitive information can
be linked, even if it isn't delicate. Using that strategy, when non-sensitive PII is paired with other
personal linkable data, it can be used to reveal a person's identity.
• Genetic or Biometric Information
What is the Genetic Information Protection Act? We can also consider PII to be an individual's biometric
or genetic information, according to certain interpretations of the Illinois GIPA laws. GIPA, or the
Genetic Information Protection Act, is an Illinois law that seeks to protect genetic information of
Illinoisians. The protection is provided for individuals' privacy and non-discrimination based on their
"genetic" information, as defined by HIPAA.
Generally, the law does not allow employers to make decisions based on certain HIPAA defined "genetic"
factors such as RNA, DNA, proteins, chromosomes, metabolites, mutations, or chromosomal changes. It also
prohibits the release of some of this private information to anyone other than the person being
genetically tested. This is similar to how personally identifiable information is protected.
What is Personal Data Under the General Data Protection Regulation (GDPR)?
The General Data Protection Regulation (GDPR) of the European Union establishes how businesses must
handle Personally Identifiable Information. It defines PII and discusses how to store, secure, and
delete it. The GDPR checklist allows businesses to determine if they are following the rules when it
comes to PII handling. Because the Regulation applies to all websites that draw European visitors, all
sites must follow it, even if they do not specifically offer products or services to EU residents.
Even if you don't conduct business with the EU, global security standards will undoubtedly be impacted
in the future. As a result, companies doing business in the EU or handling data subject to the GDPR are
hurrying to meet the deadline. This entails ensuring that PII is stored securely and that security teams
have access to appropriate reporting channels. The GDPR does not specify any precise data protection
controls that an organization must follow. Each firm has complete control over the security standards,
confidentiality, and risk that it requires for its data.
Individuals have rights under the GDPR to control their personal data and how it is used, such as having
their data erased, objecting to processing, or having their data moved electronically. They must also be
informed of any automated decision-making system outlined in the company's privacy notice. They will
also be able to object to the automated decision making, forcing businesses to provide a non-automated
alternative.
The Pandora Media Case
In Yunker v. Pandora Media, Inc., a federal court in California determined that a reduction in the value
of PII as a result of unlawful sharing is inadequate to prove a claim. Yunker's investigation focused on
the Pandora App. The Pandora Company obtained PII such as users' age, gender, location, and universally
unique device identifier when they downloaded the App. In addition, the Pandora App includes a few of
advertising libraries. As consumers browsed the App, these advertising libraries ran in the background.
The plaintiff's dilution hypothesis, on the other hand, was dismissed by the court. The court reasoned
that the plaintiff's case failed to prove that the company attempted to sell his PII, that it would do
so in the future, or prevented it from doing so by Pandora's activities.
Facebook Inc Cambridge Analytica Case
In early 2018, Facebook Inc., now rebranded to Meta, was rocked by a massive data leak. A third-party
corporation, Cambridge Analytica, fraudulently obtained the information of 30 million Facebook users.
Through a University of Cambridge researcher, who designed the personality assessment Facebook app,
Cambridge Analytica received data from Facebook. The App was intended to collect data from users who
agreed to let the quiz access their personal information. Unfortunately, the data of around 50 million
Facebook users was shared without their permission. Facebook was forced to pay $3 billion in legal fees
as a result.
What's not Considered Personally identifiable information (PII)?
Non-personally identifiable information (non-PII) is information that cannot be used to monitor or
identify a specific individual. The company you work for, shared data, and anonymized data are examples
of non-personal data. Personal information is not classified as PII.
How Do I Find Class Action Settlements?
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