Specifics of legal regulation of electronic data circulation in the United States: prospects for approximation of experience

Анотація

The article is devoted to the study of the specifics of legal regulation of electronic data circulation in the United States, focusing on the structure, scope, and practical implications of federal and state legislative frameworks. Attention was given to key federal regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach- Bliley Act (GLBA), and the Electronic Communications Privacy Act (ECPA), which collectively establish sector-specific standards for data privacy and security across healthcare, financial, and communications sectors. Investigated were the mechanisms of practical implementation and enforcement associated with the U.S. data circulation regulations, highlighting the roles of federal agencies, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and the National Institute of Standards and Technology (NIST). The analysis revealed that these agencies, operating under distinct legislative mandates, significantly influence organizational compliance by issuing prescriptive guidelines, initiating enforcement actions, and promoting voluntary standards such as the NIST Cybersecurity Framework. Found out were key differences and similarities between the U.S. data protection model and international data regulation frameworks, with comparative analysis focusing on the European Union’s General Data Protection Regulation (GDPR) and emerging regulations across Asian jurisdictions. The investigation revealed that while the U.S. approach is characterized by a sectoral, decentralized structure favoring industry-specific solutions, the EU emphasizes comprehensive, rights-based data protection enforced through harmonized legislation. Substantiated were recommendations for harmonizing data circulation laws while respecting local legal traditions and socio-economic contexts, emphasizing the importance of adopting a balanced approach that preserves fundamental rights without impeding technological progress. Proposed strategies included fostering international cooperation through bilateral and multilateral agreements, adopting hybrid regulatory models that combine U.S. sector-based principles with comprehensive privacy statutes, and enhancing the role of global standards bodies in shaping best practices.

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