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hpr2560 :: General Data Protection Regulation (GDPR)

The GDPR becomes enforceable today and Ken gives an overview on what it is and how it effects you.

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Hosted by Ken Fallon on 2018-05-25 is flagged as Clean and is released under a CC-BY-SA license.
Tags: GDPR,General Data Protection Regulation.
Listen in ogg, spx, or mp3 format. | Comments (2)

Part of the series: Privacy and Security

In this open series, you can contribute shows that are on the topic of Privacy and Security

Been getting a lot of updated policy changes lately ? Here's why !

From Wikipedia

The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union. It also addresses the export of personal data outside the EU. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. It was adopted on 14 April 2016, and after a two-year transition period, becomes enforceable on 25 May 2018.

The following information is taken from the Guide to the General Data Protection Regulation (GDPR) from the Information Commissioners Office in the UK, which is released under a Open Government Licence v3.0.

Principles of the GDPR

Under the GDPR, the data protection principles set out the main responsibilities for organisations.
Article 5 of the GDPR requires that personal data shall be:

a) processed lawfully, fairly and in a transparent manner in relation to individuals;
b) 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 not be considered to be incompatible with the initial purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) 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;
e) 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 subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f) 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.
Article 5(2) requires that:
the controller shall be responsible for, and be able to demonstrate, compliance with the principles.

What information does the GDPR apply to?

Personal data

The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

Sensitive personal data

Special category data is personal data which the GDPR says is more sensitive, and so needs more protection.

  • race
  • ethnic origin
  • politics
  • religion
  • trade union membership
  • genetics
  • biometrics (where used for ID purposes)
  • health
  • sex life
  • sexual orientation

Criminal offence data

The Data Protection Bill deals with this type of data in a similar way to special category data, and sets out specific conditions providing lawful authority for processing it.

What are the lawful bases for processing?

You can only process personal information if you have:

  1. Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
  2. Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
  3. Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
  4. Vital interests: the processing is necessary to protect someone’s life.
  5. Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
  6. Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

Individual rights

  1. The right of access
  2. The right to rectification
  3. The right to erasure
  4. The right to restrict processing
  5. The right to data portability
  6. The right to object
  7. Rights in relation to automated decision making and profiling.

Other Considerations

  • Accountability and governance
  • Contracts
  • Documentation
  • Data protection by design and default
  • Data protection officers
  • Codes of conduct and certification
  • Guide to the data protection fee
  • Security
  • International transfers
  • Exemptions
  • Children

Links


Comments

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Comment #1 posted on 2018-05-25T04:58:30Z by clacke

The date

How very appropriate that this would be released precisely for May 25th. :-)

Comment #2 posted on 2018-05-25T19:59:33Z by NYbill

Nice TLDR.

Nice summery of the GDPR, Ken. I was wondering what this was all about. And I have noticed everyone and their brother sending out policy updates these days. But, as I doubt the GDPR pertains to my little servers I wasn't really paying much attention.

You did the deep dive for me. ;)

BTW, you might want to do Noise Reduction, then Truncate Silence. This one sounded a bit like a guy on radio keying up the mic at random times while talking. :P

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