GDPR : Everything You Want To Know From GDPR Principles To Compliance Requirements
What is GDPR? And What are the Seven Principles of GDPR?
General Data Protection Regulation is an EU-based regulatory framework that went into effect in 2018 and is concerned with many debatable aspects of the digital world, namely, privacy and data protection. The regulation lists seven fundamental principles that mandate the lawful processing of private information.
What is Protected by the GDPR? What is GDPR’s Main Goal?
GDPR sets in motion an intelligible way to build a faculty wherein there is a clear reinstatement of the legitimate processes concerning personal data. It sets forth a clear indication of how to handle data and the legit ways to find the use of the data in the public interest.
Such a pivotal regulatory law helps everyone in power (governing bodies and the public) to acknowledge the nuances of having as powerful a tool as personal data. This is why the law is vehemently descriptive of the role of data controllers and the need for accountability and compliance.
The seven principles are the centerpiece. However, if one had to identify the primary goal, it is how intricately the law lays purpose predicaments of personal data. This single aspect is the starting point to understanding the following cascade of the remaining principles. The principle of purpose limitation entails an exploration of the legit ways government bodies can make use of personal data.
- The collection process must be conducted for a legitimate, explicit(or transparent), and specified (preapproved) purpose.
- Furthermore, collecting personal data from initiation to completion must have the attributes mentioned above.
The data collected must be in line with the following purposes:
- Scientific research projects
- Historical research projects
- Public interest
- Statistical purposes
The scenarios mentioned above are compatible with GDPR-approved norms.
What Types of Privacy Data Does the GDPR Protect?
Let’s first decode how GDPR defines what constitutes ‘personal data’. Personal data refers to information that can lead one to an identifiable or identified ‘natural’ person. The particulars based on identifiable traits include name, location, age, physical and mental health profiling, identification number, and cultural or social identity. Privacy data along the tropes mentioned earlier can be captured through automated means or manual registration with a GDPR-compliant intent.
Particulars of the formal definition and the stipulations that GDPR hints at may require a more nuanced understanding. Some of the highlights that need a thorough description are
● What is a ‘natural’ person?
● What is defined as ‘any information’?
● What are the predicaments of ‘an identified or identifiable’?
‘Natural’ Person
A ‘natural’ person, first of all, is someone who lives. A deceased person’s data is exempt in most cases as far as GDPR is concerned. Furthermore, a ‘natural’ person is a conduit that is exclusive to companies that are often regarded as “legal persons”.
‘Any’ Information
What is construed as ‘information’ in GDPR are data viewed objectively? While some information can be easily determined, such as height and weight, other forms of information can be subjective, for example, performance profiles at workspaces. Furthermore, there aren’t any fixed types of medium that will be stipulated as data. In fact, video, audio, textual, or other types of media can be all part of the archiving process.
Information can be both direct and indirect. While direct information is pretty straightforward to understand, indirect information is an obtuse concept that can have varied points of intervention. To give you an idea of how far-fetched an angle we are hinting at, consider the following.
A psychiatric evaluation of your child and any conceivable data from the lawful mental health practitioner can be construed as ‘information’. Something as remotely related to you, such as a visual portrayal of your family drawn by your child, is information according to GDPR.
‘An Identified or Identifiable’
An identifiable person is someone who can be distinguished and located from the rest. Identifiers are markers that can be a collection of names, location data, identification numbers, or other forms of data across media. An online profile can also partially or fully serve as an identifier insofar as the online profile gives actualised and verifiable data that can positively identify the person it claims to be.
What Are the Six Steps to Ensure GDPR Compliance?
As an EU-based company or a company looking to conduct business with an EU-based company, you need to make the following checklist for GDPR compliance.
#1 Understand All the Particulars of the Law
Different aspects of the company—HR, security and IT teams, website, etc.—all come under the umbrella concept of GDPR compliance. The target profiles or company personnel matching that of a data subject, data controller, and data processor along with a nuanced understanding of ‘personal data will require the technical and legal team to look into the stipulation provided in articles 5, 6, 12-22, 25 & 32.
#2 The Implementation Process
The implementation process entails a descriptive approach to data mapping, privacy policy, and training. Data mapping requires the provision of legal insights into how data navigate through multiple organizational levels and the archiving process. Privacy policies should be in tandem with the GDPR requirements. Training to get each personnel onboard with an awareness of data protection is a milestone to achieve.
#3 Undertaking Company Action
Company action to ensure GDPR compliance should entail procedural scrutiny of the vendor activities. Data breaches, if any, must be reported, and a clear course of action approved by the technical and legal teams must be practised without delay.
#4 Website Adjustments
Cookie consent and opt-in forms are a few examples that serve as ways to ensure GDPR compliance. Visitors and customers should clearly understand how their data will be collated, used, and tracked in the future.
#5 Regular Monitoring and Auditing Teams
Companies often hire legal teams and consultants to check if their practices are on par with the norms. Auditing works like a proofreading charm that benefits the company in an often incomprehensible manner. It is a vital risk management strategy that can help companies develop an ethical system to manage data.
#6 Transfers and Assessments
Data transfers conducted internationally require careful investigation and must operate on official grounds. Data Protection Impact Assessment must be established in companies with high-risk data processing requirements that can effectively cause negative implications for their employees.
Who is Subject to GDPR Compliance?
Any company—local, national, or international—that is directly or indirectly operating with citizens (or data subjects) living in the EEA/EU must ensure GDPR compliance.
GDPR Articles
GDPR, or General Data Protection Regulation, is a set of regulations that were implemented by the European Union (EU) in May 2018. With the rapid growth of technology and the increasing concern over data privacy, the GDPR Articles were introduced to protect the personal data of EU citizens and to harmonize data protection laws across member states.
The GDPR is composed of 99 articles, each addressing a different aspect of data protection. These articles outline a range of requirements that organizations must adhere to when processing personal data.
By following these articles, organizations can ensure the proper handling of personal data and protect the rights of individuals. Compliance with the GDPR is not only a legal requirement but also a demonstration of an organization's commitment to data protection and privacy. With the increasing focus on data breaches and privacy concerns, the GDPR articles serve as a necessary guide for organizations to secure personal data and maintain the trust of their customers.
Final Words
Regulatory strategies came into force much later than the frequency at which such a seamless matter of concern insidiously crawled into everyone’s lives. However, GDPR’s arrival has prompted companies to develop an ethical approach toward personal data. Compliance will help companies avoid legal pitfalls and ensure the smooth existence of the company.
