In order to meet a legal obligation. Transparency is for example also clearly emphasized in the context of profiling, information duties and the demonstration of consent. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. Against this background, the Belgian Data Protection Authority (the BDPA) has published guidelines on the rules regarding the processing of personal data for direct marketing purposes (the Guidelines). When the processing relates to personal data which are manifestly made public by the data subject, such as by publishing them on the data subject's own website. Information relating to people who can be indirectly identified from that data or from other information along with it. That’s enough on the importance of the principles relating to processing of personal data for now. This resource aims to assist entities bound by the Privacy Act 1988 (the Privacy Act) to understand and apply the definition of ‘personal information’ in section 6(1) of the Act. Art.8(1) "Sensitive Personal Data" was defined under the Directive as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and data concerning health or sex life. Essentially you need to delete data in the scope of storage limitation. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. Strictly speaking only when you count with legitimate grounds to process personal data, e.g., explicit consent, you can collect and carry out the processing activities . Want to learn more about the GDPR? The essence of Article 5 and its principle of accuracy is that: So, accuracy does cover quite some duties and activities from the side of the controller (and/or processor) during the time of collection and during processing with an additional focus on accuracy in several circumstances. “In order for processing to be lawful, personal data should be processed on the basis of the consent of the data subject concerned or some other legitimate basis, laid down by law.” Recital 40 GDPR Becoming compliant with the GDPR starts with GDPR awareness, the understanding of data subject rights, choosing the proper grounds for lawful processing for all data processing activities and understanding the principles which are enshrined in the Regulation, including the principles relating to processing of personal data. The Guidelines on profiling of the WP29 essentially state that across all the stages of profiling accuracy needs to be taken into account, from collection and analysis to the building of profiles and making decision upon them. financial system, customer register etc.) Want more info about our company (partnerships, press enquiries or other)? You neither decided to collect personal data from individuals, nor decide what data should be collected. processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, … Our teams are available. Fairness is still part of that stipulation that personal data must be processed lawfully, fairly and in transparent ways of GDPR Article 5. Most importantly, the purpose at the time of collection needs to match with the processing and when the purpose is different, organizations need to check their duties. Personal data that has been rendered anonymousin such a way that the individual is not or no longer identifiable i… Are you processing personal data for someone else and under their instruction? The principle of lawfulness pretty much speaks for itself. and what issues must it address (e.g., only processing personal data in accordance with relevant instructions, keeping personal data secure, etc. When processing activities occur under other legal grounds (e.g. The GDPR protects personal data regardless of the technology used for processing that data – it’s technology neutral and applies to both automated and manual processing, provided the data is organised in accordance with pre-defined criteria (for example alphabetical order). Discover why thousands of customers, including some of the world’s biggest brands, trust us. It requires companies to ensure the "resilience of processing systems." Lawfulness needs to be interpreted strictly: there must be a law allowing the processing. Only the personal data required for the purpose may be processed. matters. Processed personal data must be kept up to data where such is needed, Measures must be taken to erase or rectify without any delay inaccurate personal data, Data making identification of a data subject possible shouldn’t be kept longer in a form that enables this identification then is strictly needed for the personal data processing purpose. If, for example, customer data is gathered for an order process, it should only be used for the order process. Top image: Shutterstock – Copyright: Maksim Kabakou – All other images are the property of their respective mentioned owners. Storage period. Transparency requires that information and communication with data subject doesn’t just happen (which is part of the transparency principle as well) but is also done in a way that data subjects can understand it, for instance pointing to the fact that the language is easy to understand and that the information is easy to find and access whereby the context (e.g the communication channel, information carrier, etc.) protection of personal data against data breaches such as unauthorized or unlawful access to, or the damage, loss, or disclosure of such data, ensuring the security of systems storing personal data. The controller or data controller is simply the organization (a legal person, agency, public authority, etc.) The GDPR covers the processing of personal data in two ways: personal data processed wholly or partly by automated means (that is, information in electronic form); and personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (that is, manual information in a filing system). By using this test, the necessity of processing personal data moves from one of significant adhesion, where the controller has almost all the power in the transaction, to a more neutral analysis where a controller must have performed and documented its analysis of why each type of personal data demanded must be collected and processed. For the official GDPR definition of “processing”, please see Article 4.2 of the GDPR. We’ve already mentioned lawfulness, fairness and transparency. This data requires a higher degree of protection due to the nature of the information and because the processing of the information could create “significant risks to the fundamental rights and freedoms” of the data … Therefore make clear why you intend to process personal data and choose only one of the lawful grounds for a specific purpose. Only collect the personal data necessary for fulfilling a specified purpose 2. While many of the data subject rights and rules regarding the legal bases for lawful processing of personal data of EU citizens haven’t changed too much, it’s essential to understand how the new rules fit in the scope of the mentioned goals and the overall principles which the GDPR emphasizes. Your personal data is processed pursuant to Chapter 2 Section 2 of the Act with Supplemental Provisions to the EU General Data Protection Regulation (Swedish Code of Statutes (SFS) No. This principle of data minimization obliges organizations to limit themselves to the minimum of personal data which they need in the scope of a processing activity and its purpose(s). Regarding the meaning of transparency the guidelines point to GDPR Recital 39: “It should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed. Affirmative action means that it is no longer recommended that businesses rely on pre-ticked boxes. In a nutshell what GDPR Article 5 says about integrity and confidentiality: Although as such this doesn’t need too much explanation, in practice is obviously essential and impactful from a GDPR compliance perspective and there are ample measures to take, on levels of information governance, security and certainly also GDPR staff awareness and security education as the human element can’t be overlooked in accidental losses, breaches of confidentiality and more. What information is being processed depends on the reason for processing the personal data, but can for instance regard: Contact information such as name, address, telephone number and email address. Key Takeaways. More detailed information on how your personal data are processed can be obtained through your contact, course coordinator, manager or head of research at Umeå … Check out these definitions: Data Protection Officer: A data protection officer is a role within a company or organisation whose responsibility is to ensure that the company…, Data Protection Impact Assessment: A data protection impact assessment (DPIA) is a privacy-related impact assessment whose objective is to identify…, ePrivacy: The proposed Regulation on Privacy and Electronic Communications, also known as the ePrivacy regulation, is a proposal from the EU Commission…. The GDPR requires that consideration be given to how the data are being used to make decisions about specific individuals. The term is defined in Art. Further, GR 71 provides that ESPs must disclose the purpose of … The data processing needs to be done in such ways that a proper level of security with regards to the personal data is guaranteed. Present an individual with privacy information such as your Privacy Policy 2. Although confidentiality is often mentioned separately in the GDPR we left the principle of integrity and confidentiality as one here since it’s specifically related to personal data processing principles that revolve around security and those technical and organizational measures which we mentioned several times and are omnipresent in the GDPR. Accuracy has several meanings and certainly several areas of application. The binding of data to a specific purpose is the most important thing that must be respected when working with personal data. Implemented just over a year ago in May 2018, the GDPR covers all businesses and organisations that collect or use personal data from users in the EU. Moreover, accuracy also touches upon fundamental data subject rights such as the right to erasure (right to be forgotten) and right to rectification. Access to official documents. 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