There is such a breadth of information online about the GDPR (General Data Protection Regulation) that it can be daunting to find even basic clarifications on its rules and requirements.
With this blog, we hope to simplify things, providing quick explanations of the GDPR’s core concepts. For those who want to learn more about each topic, we have links to articles where we’ve discussed the issue in more detail.
So, what do you need to know about the GDPR?
Defining personal data
Article 4 of the GDPR defines personal data as any information that identifies or can be used to identify a natural, living person. There’s no definitive list of what this consists of, but the Regulation explains that it can include:
[a] name, an identification number, location data, an online identifier or […] one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
In addition to this, Article 9 of the GDPR specifies that there are special categories of personal data that must be treated with extra security. These categories are:
- Racial or ethnic origin;
- Political opinions;
- Religious or philosophical beliefs;
- Trade union membership;
- Genetic data; and
- Biometric data (where processed to uniquely identify someone).
Sensitive personal data should be held separately from other personal data, and as with personal data generally, it should only be kept on laptops or portable devices if the file has been encrypted and/or pseudonymised.
Lawful bases for processing personal data
Article 6 of the Regulation states that organisations can only process personal data if there is a lawful basis to do so. These bases are:
- Consent: the individual agrees to the processing.
- A contract with the individual: for example, to supply goods or services they have requested, or to fulfil an obligation under an employee contract.
- Compliance with a legal obligation: when processing data for a particular purpose is a legal requirement.
- Vital interests: for example, when processing data will protect someone’s physical integrity or life (either the data subject’s or someone else’s).
- A public task: for example, to complete official functions or tasks in the public interest. This will typically cover public authorities such as government departments, schools and other educational institutions; hospitals; and the police.
- Legitimate interests: when a private-sector organisation has a genuine and legitimate reason (including commercial benefit) to process personal data without consent, provided it is not outweighed by negative effects to the individual’s rights and freedoms.
Many organisations will be tempted to use consent, but the GDPR’s strict rules on how to obtain and maintain it mean that it should only be sought if no other lawful basis is appropriate.
Data subject rights
Articles 15–22 of the GDPR enshrines eight rights that individuals have concerning the way their personal data is used. These are:
- The right to be informed
Organisations need to tell individuals what data is being collected, how it’s being used, how long it will be kept and whether it will be shared with any third parties.
This information must be communicated concisely and in plain language in your privacy notice.
- The right of access
Individuals can submit DSARs (data subject access requests), which oblige organisations to provide a copy of any personal data they hold concerning the individual.
Organisations have one month to produce this information, although there are exceptions for requests that are manifestly unfounded, repetitive or excessive.
- The right to rectification
If an individual discovers that the information an organisation holds on them is inaccurate or incomplete, they can request that it be updated. As with the right of access, organisations have one month to do this, and the same exceptions apply.
- The right to erasure
Individuals can request that organisations erase their data in certain circumstances, such as when the data is no longer necessary, the data was unlawfully processed or it no longer meets the lawful ground for which it was collected.
The right to erasure is also known as ‘the right to be forgotten’.
- The right to restrict processing
Individuals can request that an organisation limits the way it uses personal data.
It’s an alternative to requesting the erasure of data, and might be used when an individual contests the accuracy of their personal data or when they no longer need the information but the organisation requires it to establish, exercise or defend a legal claim.
- The right to data portability
Individuals are permitted to obtain and reuse their personal data for their own purposes across different services. This right only applies to personal data that an individual has provided to data controllers by way of a contract or consent.
- The right to object
Individuals can object to the processing of personal data that is collected on the grounds of legitimate interests or the performance of a task in the interest/exercise of official authority.
- Rights related to automated decision making, including profiling
The GDPR includes provisions for decisions made with no human involvement, such as profiling, which uses personal data to make calculated assumptions about individuals.
There are strict rules about this kind of processing, and individuals are permitted to challenge and request a review of the processing if they believe the rules aren’t being followed.
Security of processing
Article 32 of the GDPR states that organisations must implement “appropriate technical and organisational measures” to protect their systems.
It only lists a handful of examples of what these measures might include, because best practices are bound to change over time, which would mean any advice given now could soon be out of date.
That said, encryption tools and malware detection are more or less universal features of modern business, and an obvious starting point.
Similarly, there are universal measures that address the people and processes aspect of information security, such as staff awareness training.
Data protection impact assessments
DPIAs (data protection impact assessments) help organisations identify, assess and mitigate privacy risks to data processing activities. They are particularly important when introducing new data processes, systems and technologies.
Article 35 of the GDPR states that a DPIA is required if personal data processing is likely to result in a high risk to the rights and freedoms of data subjects. This includes:
- Automated decision-making (including profiling) that could significantly affect data subjects;
- Large-scale processing of special categories of data (relating to race or ethnicity, political opinions, health, etc.); and
- Systematic large-scale monitoring of public areas.
Simplify your GDPR compliance project
Now that you know your core compliance activities, it’s time to review and amend the steps your organisation has taken.
Our GDPR Toolkit is ideal for this process. It contains a complete set of easy-to-use documentation templates, which will help formalise your approach to GDPR compliance while saving you time and money.
The toolkit also includes:
- Helpful dashboards and project tools to ensure complete GDPR coverage;
- Direction and guidance from expert GDPR practitioners; and
- Two licences for the GDPR Staff Awareness E-learning Course.