Processing personal data is an essential part of many businesses in our digital age, but it also carries important responsibilities. Individuals are entitled to certain protections and rights relating to their personal data, and businesses must comply with relevant legislation and codes of conduct. In this article, we’ll explore some of the key principles and legal grounds for processing personal data, and the main factors that guide businesses in this area.
What are the key principles of data processing?
The General Data Protection Regulation (GDPR) is a key piece of legislation for data processing in the EU. It sets out a number of key principles for businesses to follow when processing personal data, including:
- Lawfulness, fairness, and transparency: Data processing must be done according to clear legal bases, and individuals should be informed about how their data is being processed.
- Purpose limitation: Data should only be processed for specific, legitimate purposes.
- Data minimisation: Only the minimum necessary amount of data should be processed for a given purpose.
- Accuracy: Personal data should be accurate and kept up to date where necessary.
- Storage limitation: Personal data should not be kept for longer than is necessary for a given purpose.
- Integrity and confidentiality: Appropriate technical and organisational measures should be taken to ensure personal data is kept secure.
What are grounds for processing GDPR?
Under GDPR, businesses must have a legal basis for processing personal data. There are six legal grounds for processing personal data:
- Consent: The individual has given clear consent for their data to be processed for a specific purpose.
- Contractual necessity: The processing is necessary for the performance of a contract to which the individual is a party.
- Legal obligation: The processing is necessary for compliance with a legal obligation.
- Vital interests: The processing is necessary to protect the vital interests of the individual or another person.
- Public interest: The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
- Legitimate interests: The processing is necessary for the legitimate interests of the business, unless these are overridden by the interests, rights or freedoms of the individual.
It’s important for businesses to make sure they have a clear legal basis for processing personal data, and that this basis is communicated effectively to individuals.
What are the main factors that will guide you in processing personal data?
When deciding whether to process personal data, businesses must consider a number of factors in addition to their legal basis for processing. The Information Commissioner’s Office (ICO) recommends considering the following:
- Is it necessary to process personal data? Can the business achieve its purpose using less or no personal data?
- Can the business achieve its purpose through anonymisation or pseudonymisation?
- What is the impact on the individual’s privacy?
- Can the individual reasonably expect their data to be used in this way, and have they been informed about it?
- Are there any other factors that would make the processing unjustified or unfair?
It’s important for businesses to be transparent about their processing activities, and to ensure that individuals have appropriate rights and safeguards in place.
What are the 3 C’s in processing personal data?
When processing personal data, it can be helpful to think about the three C’s: clarity, consent, and control.
- Clarity: It’s important to be clear with individuals about what personal data is being processed, why it’s being processed, and who it’s being shared with.
- Consent: If the legal basis for processing personal data is consent, it’s important to obtain clear and unambiguous consent from individuals. Consent should be freely given, specific, informed, and revocable.
- Control: Individuals have certain rights relating to their personal data, including the right to access, rectify, erase, and restrict processing. Businesses should have appropriate systems and processes in place to facilitate these rights.
By following the principles of clarity, consent, and control, businesses can ensure that their processing activities are lawful, fair, and transparent.
References
- General Data Protection Regulation (GDPR)
- Information Commissioner’s Office (ICO) guidance on lawful basis for processing
- ICO guidance on accountability and governance