Dear readers
For your reference, please find a link to the definitions of GDPR which are very important – https://gdpr.eu/article-4-definitions/. These definitions are to be referred to whenever a doubt arises as to the meaning of a term and even to ascertain its limitations and extent to which GDPR covers that particular term or concept.
Moving on to Chapter 2 Article 5 which contains provisions relating to the provisions for processing the personal data. Article 5 is as follows-
- “Personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”
Firstly, we must understand the meaning of some important terms used above which can help us gain some better understanding of this topic. Personal data is personal information relating to an identifiable natural person. This shall be name, age, race, gender, nationality, bank details, fingerprints etc. Any data by which one can identify a person is termed as their personal data as per GDPR.
Under GDPR, an identifiable natural person is known as a data subject.
Processing of personal data would mean any kind of storage, collection, or organising. It would also mean destruction of data.
Moving on to the principles that are to be followed while processing the personal data, they are as follows:
- Lawfulness, fairness and transparency:
The data processing must be done for a lawful purpose and not for any kind of illegal purposes. The express permission of the data subject must be obtained before processing their personal data and it should be in consonance with the regulations set forth by the GDPR.
The data processing must be fair to the data subject. He/she should know that their data shall be processed and the purpose for which it shall be processed.
The principle of transparency is of prime importance here since GDPR has been enacted to empower the data subject so that they are in control of their personal data. All kinds of communication to the data subject should be very easy to understand and it should be very clear and concise so that each and every individual is aware of the nature and purpose of the data processing along with the rules, rights and consequences of the data processing.
- Purpose limitation:
The data processing shall only be for the purpose specified to the data subject. The purpose should be made very clear and it shall not be for any purpose that deviates from the original intended purpose.
However, an exception to the above has been articulated in Article 89 which states that data processing for the public interest or for historical or scientific purpose shall not be considered as incompatible with the original purpose.
- Data minimisation:
The data processed should be adequate, relevant and limited to the purpose for which it is being processed. To elaborate, this means that the data processed should be in a limited quantity and only to the extent that it shall be required. Irrelevant data should not be collected and the retention of data should not be for an infinite period of time but only for the duration that it is necessary. If the purpose can be fulfilled by other means, then data should not be processed. The data controller or processor should review the time lines at regular intervals in order to minimise the amount of data being collected.
- Accuracy:
The data being collected should be accurate and latest. Any data that is incorrect should be rectified or deleted immediately.
f. Storage Limitation:
The data must be stored no longer than is necessary. Once the purpose of the data processing has ended, the personal data must be duly erased. An exception to this would again be Article 89 which has already been explained earlier.
g. Integrity and confidentiality:
Due care must be taken to maintain the personal data and all kinds of measures must be taken to maintain the confidentiality and security of all the personal data.
h. Accountability:
The controller i.e. the person or the entity who shall determine the processing of personal data shall be responsible for the compliance to all the principles stated above.
To summarise, processing of personal data is no easy feat. The data controller has to set up an entire system which shall meet the requirements of all the principles listed in Article 5. A violation of any one of the principles shall compromise the data of the data subjects and shall expose the data subject to enormous fines and sanctions which we shall be discussing in detail in the further articles.
Reference:
-https://gdpr.eu
-GDPR Articles with Commentary and EU Case Laws, Adv. Prashant Mali