GDPR Compliance : Who is Responsible for Protecting Personal Data?

The GDPR is a regulation of the European Union that outlines the guidelines for the handling of personal data by controllers and processors within the EU. It was adopted on April 14, 2016 and was enforced on May 25, 2018, replacing the 1995 Data Protection Directive. The regulation includes provisions that mandate businesses to safeguard the personal data and privacy of EU citizens for transactions that occur within EU member states. Additionally, the GDPR regulates the exportation of personal data outside the EU. The provisions of the regulation are consistent across all 28 EU member states, which means that companies have to adhere to one standard within the EU. The GDPR introduces several new requirements for organizations that process or control personal data, including the necessity to obtain clear and specific consent from individuals before processing their data.

Which categories of personal data are safeguarded by the General Data Protection Regulation (GDPR) for privacy protection?

The General Data Protection Regulation (GDPR) is a significant piece of legislation that aims to protect the privacy of individuals within the European Union (EU). One of the core aspects of the GDPR is the protection of personal data, which refers to any information that can be used to identify a person directly or indirectly. The GDPR outlines several types of personal data that it protects, including basic identity information such as name, address, and ID numbers.

In addition to basic identity information, the GDPR also protects web data such as location, IP address, cookie data, and RFID tags. This type of data is often collected automatically through the use of internet-connected devices, and it can reveal a significant amount of information about an individual's behavior and preferences.

The GDPR also protects sensitive personal data such as health and genetic information, biometric data, racial or ethnic data, political opinions, and sexual orientation. These types of data are considered particularly sensitive because they can be used to discriminate against individuals and can have a significant impact on their lives.

Under the GDPR, organizations that collect and process personal data must obtain explicit consent from individuals before doing so. They must also provide individuals with the right to access and control their personal data, and they must take steps to ensure the security and confidentiality of this data.

Overall, the GDPR is an essential piece of legislation that seeks to balance the benefits of data collection and processing with the protection of individual privacy rights. By outlining the types of personal data that it protects, the GDPR provides a clear framework for organizations to follow in order to ensure compliance and protect the privacy of their customers and clients.

What are the 7 principles of GDPR –

The 7 principles of GDPR are as follows-

1. Lawfulness, fairness, and transparency- In the context of GDPR, lawfulness refers to the requirement of having a valid legal basis for collecting and processing personal data, such as obtaining consent from the data subject. Fairness means that the processing of personal data should be in the individual's best interest and the scope of the processing should be reasonably expected by the person. Transparency requires clear communication with data subjects about what data is being collected, how it will be processed, and the reasons behind it, in a manner that is easily understood by them.

2. Purpose limitation- The principle states that personal data should only be processed for its original intended purpose and not be reused for any other purpose. In simpler terms, personal data should not be repurposed for other uses.

3. Data minimisation- In the context of data, we tend to accumulate it without any specific reason. We may keep it just for the sake of having it, without any real purpose. However, concerning the third GDPR principle, we should not retain data if it serves no useful purpose. This principle requires that we only collect as much personal data as is necessary to provide the service or fulfill the purpose for which it was collected.

4. Accuracy- When it comes to data, we often amass it without a clear purpose. We may keep it simply for the sake of having it, without any real intention. However, in line with the third principle of GDPR, we should not hold onto data if it serves no practical purpose. This principle mandates that we gather only the amount of personal data that is necessary to deliver the service or achieve the goal for which it was collected.

5. Storage limitations- The principle is focused on removing personal data that is no longer necessary. Essentially, personal data should not be stored beyond the time it is required for its intended purpose. This principle shares similarities with the data minimization principle, and many organizations view the deletion of old data as part of minimizing data. Creating a secure data destruction process can help ensure that data no longer required is fully deleted and not left on a device or in the cloud, which could pose a security threat.

6. Integrity and confidentiality- If you have knowledge about cyber or information security, you might have come across the 'CIA-Triangle'. Despite its name, it doesn't refer to the Central Intelligence Agency but rather represents a triangle that comprises confidentiality, integrity, and availability. This principle focuses on two aspects of that triangle, namely integrity and confidentiality. Integrity ensures that personal data is accurate and tamper-proof, and appropriate measures are taken to safeguard against unauthorized access or manipulation. Confidentiality ensures that only authorized individuals have access to personal data and that it is processed as per the established guidelines.

7. Accountability- This principle pertains to being accountable for your data processing, as the name implies. As the data controller and/or processor, you are responsible for ensuring that personal data is properly processed and that the GDPR regulations are adhered to. Taking responsibility involves not only meeting the GDPR's various requirements but also being able to demonstrate that you are doing so.

Which companies does the GDPR affect and who will be responsible for the compliance?

The GDPR affects all companies that process personal data of individuals located in the European Union (EU), regardless of where the company is based. This means that companies outside the EU may still be subject to the GDPR if they process the personal data of individuals in the EU.

In terms of responsibility for compliance, both data controllers and processors are responsible for ensuring that their processing activities comply with the GDPR. The data controller is the entity that determines the purposes and means of the processing of personal data, while the data processor processes personal data on behalf of the controller. Both the controller and processor must ensure that they have appropriate technical and organizational measures in place to protect personal data and that they comply with the GDPR's requirements for lawful processing, data subject rights, and data breach notification. Failure to comply with the GDPR can result in significant fines and reputational damage.

Conclusion

In conclusion, the General Data Protection Regulation (GDPR) is a regulation of the European Union that aims to safeguard the personal data and privacy of EU citizens for transactions that occur within EU member states. The GDPR protects several types of personal data, including basic identity information, web data, and sensitive personal data. The regulation includes seven principles that organizations must adhere to while collecting and processing personal data, including lawfulness, fairness, and transparency, purpose limitation, data minimization, accuracy, storage limitations, integrity and confidentiality, and accountability. Companies that collect and process personal data of EU citizens are responsible for complying with the GDPR regulations, and failure to do so can result in hefty fines and penalties.