This resource should be read together with the Australian Privacy Principle (APP) guidelines. When the data subject has given his or her explicit consent for the processing of the personal data in question. To process this personal data, processing’ means any operation or set of operations which is performed on personal data or on sets of personal data’ a legal basis is required. In some cases, there may be legislation and other provisions that require that the data be stored for a longer period. The DPA should contain rules regarding how the processor should act when processing personal data. Key Takeaways. Moreover, sometimes the essential legal grounds for personal data processing to be lawful aren’t sufficient. GDPR Article 5 starts by saying that personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. The key principles that apply to the processing of personal data are as follows: Transparency. © 2020 AT INTERNET® - All rights reserved. Adequacy and limitation simply means: nothing more than what is indeed needed. In GDPR Article 25 once more the obligation to take “appropriate technical and organizational measures”, in proportion, is emphasized (in the context of data protection by design and by default) to implement data protection principles whereby data minimization is mentioned as such a principle and the GDPR again recommends pseudonymization. The processing of personal data has always been among the burning issues that privacy lawmakers have to deal with. Considerable legislation has been drafted for this issue, and countries spend a lot of money and manpower to ensure that personal data is indeed protected. Processing aimed at improving payment solutions and payment processes could include processing where your personal data, including your date of birth, is transferred to other companies within the Miss Mary Group, as well as third-party providers, for analysis purposes. GDPR Recital 71 emphasizes the fairness of processing in the context of automated processing and profiling, GDPR Recital 60 puts the information duties of controllers against the backdrop of fairness and when consent is the legal basis for lawful processing GDPR Recital 42 (on the duty of the controller to be able to demonstrate that consent was given) explicitly states that a declaration of consent should not contain unfair terms. Personal data could also be cross-tabulated with data from other registers, e.g. The GDPR covers the processing of personal data in two ways: personal data processed wholly or partly by automated means (that is, information in electronic form); and; personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (that is, manual information in a filing system). If, for example, customer data is gathered for an order process, it should only be used for the order process. We’ll keep it short as we wrote about the compliance and other duties, including accountability, of the controller. Common types of personal data processing include (but are not limited to) collecting, recording, organising, structuring, storing, modifying, consulting, using, publishing, combining, erasing, and destroying data. Personal data that has been de-identified, encrypted or pseudonymised but can be used to re-identify a person remains personal data and falls within the scope of the GDPR. Discover why thousands of customers, including some of the world’s biggest brands, trust us. The Guidelines on profiling of the WP29 essentially state that across all the stages of profiling accuracy needs to be taken into account, from collection and analysis to the building of profiles and making decision upon them. GDPR refers to processing personal data that: Includes information relating to people who can be identified or are in some way identifiable directly from that data. Unlimited support & collaborative relationship, TRUSTRADIUS : TOP RATED WEB ANALYTICS TOOL 2020. The accountability of the controller also includes responsibilities in working with data processors, a second topic we covered separately. 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