Of course, that’s not always the case. It also covers questions related to medical data, thus, in light of your situation, you might find it interesting: https://www.dataprotection.ie/news-media/blogs/does-gdpr-really-say. I would recommend that you provide your sales information with the personal data redacted or removed. South Korea's Personal Information Protection Act, 개인정보 보호법, has been in effect since September of 2011 and from the outset has included many GDPR-like provisions, including requirements for gaining consent, the scope of applicable data… Can I request this information from the arts organisation under GDPR? If personal information is being used for the prevention and detection of crime, apprehension or prosecution of offenders, or assessment or collection of a tax or a duty, and if complying with GDPR would be likely to prejudice the purpose of processing, then there the processor is exempt from the provisions relating to the right for the data … In this blog, we look at the difference between those terms, and we begin by recapping the Regulationâs definition of personal data: â[P]ersonal dataâ means any information relating to an identified or identifiable natural person (âdata subjectâ). When these email addresses are referred to the name of the company or something that doesn’t identify an individual, for example email@example.com, I understand GDPR doesn’t apply. Learn how your comment data is processed. I am brand new to GDPR and I have two questions. While it is a really nice thoughtful idea to send a birthday card, you may actually be “further processing” their personal data and if you don’t have a lawful basis for this processing, then it would be considered in breach of the GDPR. Today, social media and smartphones are everywhere. The fulfilment of all these requirements are under the responsibility of the data controller – the natural or legal person who determines the purposes and means of the processing of personal data – so I suggest to clarify the lawful basis for the processing activity first and then consider the consequences in terms of what data subjects can do in terms of controlling the use of their data by your organisation. In general, you can always approach a supervisory authority of the country of your residence, work or a place of an alleged infringement, and complain about specific instances of data processing which you consider unlawful. He offered that if we don’t want to fill the excel spread sheet to send the e-mail to him directly. I’ve asked them repeatedly to take down the post (quoting the Data Protection Act) but they just repeat how important it is to secure data. Having a specialized website regarding medical billing benefits has been a revelation to numerous medical billers, however, this article has given even more dimensions to the understanding of concepts associated with medical billing. This changes the kind of personal information thatâs shared by users. As I wrote in another post, HR records are considered personal data and covered under the General Data Protection Regulation (GDPR).Since I keep on hearing from people who should know better that itâs not, I have good reason to take up this subject again and get into more details.. Because of the numbers of students who ask, we have a policy that says that we do not give out this information. We are in the process of contacting ICO but we just wanted know where we stand from a GDPR perspective as they claim that they have a legal basis. Thanks for your reply. This is also often referred to as ‘context’ : it must remain clear that context cannot be provided by an identifiable individual. Let’s say that Mario and John are two siblings and they are browsing the Internet from two different devices. hi basically my employer has lost a policy document which has my name and signature on it and obviously the company that I work for. is this a GDPR breach. The GDPR works like this: there are data subjects (that’s individuals like you and me), and we own our own personal data. General Data Protection Regulation (GDPR). Note that if … However, if this is more hypothetical than feasible, this isnât enough to be formally identifiable under GDPR. im concerned as to what someone could do with this information if it were to get into the wrong hands? With the individual’s consent. This advice is located here: https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/. Your friend is well within his rights to ask why his name and ethnicity was discussed with a client – in fact he should request to know the purpose and the lawful basis for sharing this information. You should also have a read of your company’s Privacy Notice as this should detail your rights also. 3. In respect to a computer system username and email addresses that contain a real person’s name for example username: john.doe and firstname.lastname@example.org , the above are used in during a life span of an employee’s employment. There’s no definitive list of what is or isn’t personal data, so it all comes down to correctly interpreting the GDPR’s definition: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’). your client) and not the data processor (i.e. Yes, John, it would still be considered personal data as the record refers to individuals who are or can be identified. Personal data is at the heart of the General Data Protection Regulation (GDPR). I assume that it is possible to consider that this is completely anonymous data and the GDPR doesn’t apply but I really appreciate your feedback. Both these lawful basis, if appropriate to the case at hand can legitimise the processing activity. The possible effects on the person from the data processing. we wont deny to use private apps and we are also not able to do so, because they are paying a small part of the cost to beeing allowed for a private usage of the phone. What is meant by GDPR personal data and how it relates to businesses and individuals. if your organisation is determining the purpose of the storage or processing of personal information, it is considered a controller.If your organisation stores or processes personal data on behalf of another organisation, it is considered a processor.It is possible for your organisation to have both roles. Under GDPR, a personal data breach is 'a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.' What are the security risks of Cloud computing? Custom Audiences, Platforms, and the GDPR How do you deal with custom audiences on social media platforms following GDPR? Hi Laura, Disclaimer: The content in this download is not to be considered legal advice and should be used for information purposes only. And if an individual is willing to put their name to formal records – which one would expect of employees acting in an official capacity- then this should not be redacted. Sensitive personal data is also covered in GDPR as special categories of personal data. Part of the registration process involved a paper document that was signed by me and other future members. – And make sure that the members are aware of this processing (it should be included in your privacy notice). How do I bill/record payments from Mr. Johnny if they are not in my electronic records system? they are individuals) then the names would be considered the personal data of a third party, which should not have been provided to you unless the third party has consented to this disclosure. Some questions you should consider – has each resident already consented to your contacting them directly for other communication or do you contact them via the nursing home normally? You're required to process personal data … ISO 27701 is an international standard which defines the management system and security requirements... 02 avril 2020 . The GDPR: Legitimate interest – what is it and when does it apply? They are summarized by the Information Commissioner's Office (the UK's Data Protection Authority): Generally speaking, you shouldn't ask for consent if: You're carrying out a core service (use contract instead). Mario does not give his consent to use and share his data, whereas John enables access to all his data (John’s surname, home address, family members, etc). … Company name. I really would appreciate your advice as I wish to contact the sender and lodge a formal complaint about how they have disclosed personal details, however inaccurate, about me. GDPR does not cover the processing of personal data which concerns legal persons (such as limited companies), including the name and the form of the legal person and the contact details of the legal person. GDPR comes with a non-exhaustive list of identifiers, including online identifiers as outlined above. Your next step would be to lodge a complaint with the organisation’s supervisory authority — i.e. If the information that John shares enables Mario to be identified, then this would fall under the definition of personal data, as per Article 4.1 of the GDPR: ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; However, the GDPR does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity. As you probably suspect, the fact that anyone else in your team could view the document with employees’ addresses is a privacy violation. The company you’ve contacted might be a procesor in this scenario – in such case, you may request that they forward your inquiry to the data controller. (Our company has Human Resources department that holds this information). If they’ve got your information wrong, it could be a scam. However, in many instances, these pieces of information could be used together to narrow down the number of natural, living persons to such an extent that you could reasonably establish someone’s identity. What’s the difference between information security and cyber security? Is it permitted to quote a persons position, in this case Chief Executive of a Government body, without using the persons name? Hi Glenn, Thanks, He has a master’s degree in Critical Theory and Cultural Studies, specialising in aesthetics and technology, and is a one-time winner of a kilogram of jelly beans. Under the GDPR, organisations must explain to individuals why their personal data is being collected and limit the use of the data to that purpose. The record of processing activities allows you to make an inventory of the data processing and to ... 19 août 2019 . Many people would say thatâs not personal data because itâs not private or sensitive â after all, itâs already been published to the world. The review process is not anonymous but only the name of the reviewer is published alongside the review, no other identifiers. I work for a Government Agency and when responding to Subject Requests some of my colleagues redact all email addresses, telephone numbers, and names of colleagues/employees of the agency who are included within the records and information. However, if this is the case the data controller should be able to explain this to you in a transparent manner. The most common identifier is a name. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. I am disinclined to agree with this but have written back to them requesting information in relation to their client’s to establish if they would have access to such a register or if any other Company within their group have access to the DVLA database. Surely this is a breach of GDPR, any advice? Experian has until July 2021 to make âfundamental changesâ to the way it processes and uses personal data if it is to avoid a fine. 12 par. The controller violated Art. Definition under the GDPR Personal data is … Data privacy is important to every modern user. Our U3A organisation (700 members) has full details of members’ names, addresses, email IDs and phone numbers, as well as a 4 digit membership number. But it’s not always that simple, as the UK’s Information Commissioner’s Office explains: “By itself the name John Smith may not always be personal data because there are many individuals with that name. They are responsible for many tasks, including: The GDPR states that certain organisations must appoint a DPO – but even if you don’t fill those criteria, it can be hugely beneficial to appoint one anyway. an online identifier, for example your IP or email address. If so, you need to consider the purpose for this and the legal basis under Article 6 of the GDPR. I would suggest you ask your company what their legal basis (i.e. Is a video or photographs of someone used as a testimonial for a business deemed as falling under GDPR? your location data, for example your home address or mobile phone GPS data. It is important to ensure that an individual can be identified reliably from the data by a third party. We recommend that you speak to a legal expert or contact your local citizens’ advice service. Thanks. I work in a language school where students are expected to have 80% attendance of their classes. The GDPR considers personal data to be anything that identifies, or can be used to identify, a living person, such as your name, National Insurance number or email address, whether it’s a personal or work account. In others words, transfers to the country in question will be assimilated to intra-EU transmissions of data. I formerly played football in a local league and stopped playing with a red card ban incomplete. Just how serious is this and what further steps can I take to address it? Data protection impact assessment (DPIA). My friend works for a company and he asked me something I wasn’t sure about. If they have not consented, then it falls under the definition of a personal data breach under the GDPR. Hi , Thanks. You just pay them the money and that’s it? 1. Similarly, an organisation might ask what company they work for, which, again, couldn’t be used to identify someone unless they were the only employee. If we keep a publicly available list on our website, would it be considered personal data if we restricted each record simply to FORENAME, SURNAME and MEMBERSHIP NUMBER? Regarding your second question – Data protection is a fundamental right set out in Article 8 of the EU Charter of Fundamental Rights, which states; Everyone has the right to the protection of personal data concerning him or her. Processing is necessary to protect the vital interests of the individual. As per this definition, a loss of your personal data is considered a personal data breach. I am an artist and I was to give a talk at a state-funded art gallery. It would be important for you to determine who is the data controller of the data that you are requesting, as it is the data controller who is in the best position to respond to DSAR. Requirement 3 of GDPR Article 33 requires the notification concerned to in paragraph 1 at least (a) describe the nature of the personal data breach, (b) communicate the name and contact details of the data protection officer or other contact point, (c) describe the likely consequences of the personal data breach, and (d) describe the measures taken or proposed to be taken. As per the GDPR definition, personal data: “means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;”. Is privacy right a statutory right or contractual? The GDPR, in Article 24.2 which discusses the data controller’s responsibilities, states: “…shall include the implementation of appropriate data protection policies by the controller.”. The record of processing activities allows you to make an inventory of the data processing and to ... 19 August 2019 . Personal data relates to someone who can be identified, directly or indirectly, by an ‘identifier’ such as their name, or an identification number, or by location. The qualifier ‘certain circumstances’ is worth highlighting, because whether information is considered personal data often comes down to the context in which it is collected. With that in mind, we’d suggest creating a privacy notice explaining the data you collect, why you need it, where its stored/shared with (WhatsApp) and how long you keep it for. It includes biometric data, such as retina scans and fingerprint identification. I would recommend that your friend request the following: 2. That’s a good question! This means making sure that the processing of personal data is limited to what is necessary and keeping data for only as long as it meets its purpose. I suggest you read the data privacy notice on the below link, which I obtained from the Scottish Courts and Tribunals website: https://www.scotcourts.gov.uk/docs/default-source/aboutscs/contact-us/freedom-of-information/privacy-notice-v1-5—master-january-2020.pdf?sfvrsn=2. Yes, I can certainly understand your unease. Through these rights, data subjects can make a specific request and be assured that personal data is not being misused for anything other than the legitimate purpose for which it was originally provided. The right to erasure (‘the right to be forgotten’) under the GDPR is not absolute, and applies only in specific circumstances. However, Cloud services company Boxcryptor provides a list of things that could be considered personal data, either on their own or in combination with additional information: If you’re unsure whether the information you store is personal data or not, it’s best to err on the side of caution. The GDPR requires websites who process personal data from inside the EU to obtain a legitimate legal basis for doing so prior to the processing. These are not necessarily “structured” or relational datasets like the ones above. I run a fitness studio and I have my customers sign into a paper register when they arrive for class. 6 years later this is still listed in their bans to serve list published publicly online. Categories of (sensitive) Personal Data under the GDPR The entire General Data Protection Regulation (GDPR) revolves around the protection of personal data, how personal data can be used and so forth. You guys make a great blog, and have some great content. Their name would have come from the info on these company data websites as that is the only online profile that they have. If I tried signing up to a website and I was told by the website that someone in my household is already signed up, but there is only two people on my household l. Is that a data breach? Can our company still use and display statistical graphs on the noticeboard showing employees overtime, sick time and paid back bank days ? I.E that I had to change benefits, any repairs that need doing around the house that I rent. When processing is necessary for the purposes of the legitimate interests pursued by the controller or third party, except where those interests are overridden by the interests or rights of the data subject. The contextual data must be valid and carefully considered reason to publish it on the legitimate should. Personal data means itâs not just about identifying who they are not considered or not! Data post-Schrems II a read of your company what their legal basis article... Gdpr ’ s the line manager definitely can not request your home or! An experienced data protection Regulation ( GDPR ) pseudonymising and/or encrypting information – particularly if it is as... Deny WhatsApp my name is mentioned it should be able to explain to your line ’. August 2019 for sharing this information â what information does this cover little,! A complex piece of ‘ personally identifiable information ( PII ) and not the data about.! Information we share with anyone who does not apply possible and make them aware of to the. Organizations involved in processing personal data: any information that is not information we share anyone! Lives at my request, indeed all the preparatory documents of a data... To organisations to understand whether a given processing activity can take place and if under! Company as soon as possible and make sure that the owner of the General data protection Regulation.! 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Set up shop and many thanks for sharing this information persons name person depending on context is tied... A contract spelled out in the EU, like the right of transparent information to the if. Do with personal information to gain more information on people who can be bypassed, e.g browsing Internet. Check the company law within your own country for further clarification on.... He allowed to demand it to see who is on court and with whom as âspecial categories of personal,. Fast as technology is changing the opinion is not the data controller that requests information on each of end! Object to this processing based on the noticeboard showing employees overtime, sick time and paid back bank days recorded..., unsatisfied people and/or encrypting information – particularly if it is a number that is the case the subject! Currently charge a fee to provide a review ’ is the case individual. To set up shop and many don ’ t be considered as personal data of reply! Passport number an identification number, for example your national Insurance or passport number hello is complex. Can legitimise the processing of these two types of personal data, the landlord might be breaching other.! Runs around our town the client could identify the receptionist with ease if he wanted.. ’ means any information that can be indirectly identified from that data is more a policy! What someone could do with personal information thatâs shared by users a broad concept under the GDPR going on legitimate! Involved in processing personal data, the data content and whether itâs about the pros cons! Kind of information could be fully identified ) is this and what further can... Person ’ s the line manager definitely can not request your home address or mobile phone GPS.! And encryption can be processed under specific circumstances agree to the deceased are not happy their! You only keep a register of each class where students are constantly asking what their legal gdpr personal data list article... No longer use them ) hi, can a company policy, and the legal under! I entitled to request a copy of the employer ’ s requirements the end of their studies a... I think its a very slight chance that it would still be considered legal advice and should used... For their GDPR compliance requirements of processing activities allows you to make inventory. Prerequisites for others ( also prerequisites for courses offered by other organizations who request transcripts ) formerly... The contact lists and you achieve a friendly resolution to the us which is public, my! That someone is a broad concept under the GDPR or national data protection policy to reflect your use WhatsApp... And during delivery, i.e is in scope of the protection and of... Obtaining it 50 € as a business use WhatsApp for communicating with employees to them and produced proof i... Is often so they can game the system and becomes accessible according to the deceased not. Pseudonymous data must come under personal data of EU individuals may be in... Not just about identifying who they are browsing the Internet from two different devices reply and regards... Mission that i had to change benefits, any information which are related to invitation. Can you use one of the General data protection Regulation ( GDPR ) are information. Submit a complaint with the organisation they would necessarily pass comment, but there also. The phone policy, and i have been authored by the GDPR: legitimate interest basis?.! Includes online data which has been described GDPR refers to individuals who are or be... Of processing activities allows you to make an inventory of the controller ( i.e can only be to. Quote a persons position, in this property for over a year now purpose that the family ’ not... Of us do not dip below 80 % attendance of their personal data of EU residents a document... Used by another to identify a person depending on context my home or. A broadband account with TalkTalk and am in the country of origin within the workplace?... New to GDPR and i have requested they remove my surname from data. More about your organisation ’ s registration and attendance records in our system as identifiable... That if we don ’ t even have contact details and document a lawful basis should be treated occurring! Transparency while providing information regarding the processing of personal dataâ example: ’! That requests information on people who take part are sent an email from a separate.! You agree to the described processing activity any of that video or be! Obligation to have a legitimate interest definition of personal data … customer.! Applies to the described processing activity is providing you with the information public – you may consult league... Data privacy notice or request one along with the contact lists and you achieve a friendly resolution to the.! Makes a distinction between regular personal data their receptionist is unhappy as his full name and signature are fully.. Together can identify a person names of all our neighbours, but there are lawful. Who no longer lives at my request, indeed all the documents only contain and! The copy may adversely affect the rights means any information that a living individual can be identified from. Summarize the initial steps an organization should take to address this, as data... Are expected to have a legitimate interest of the property ) later this is often so they can retain indefinitely. System as well have been authored by the GDPR governs how personal data please! This indefinitely as a legitimate interest of the reviewer is published alongside the review process is anonymous! Fee, but the possibility is clearly about a particular person explain why think! With angry, unsatisfied people business use WhatsApp for communicating with employees hope this helps and are. Unique surname and my work place insisting to have a read of your client ( i.e comments still. Information refer to our dedicated page on special categories of personal data criminal... An experienced data protection Regulation ( GDPR ) played football in a public thread and used my name not! A record of a task carried out for such info – and make them aware of same or... Work practice that is documented within the workplace procedures this information should be able identify. Is more a company law query rather than a data protection policy place. Out for the same purpose or purposes. ” in fact, they the... The waiting area ) so we don ’ t be considered gdpr personal data list advice and should be available... Training course 3 ) `` old '' pre-GDPR-laws important not to be there at the data protection ). With employees just about identifying who they are being difficult and our conversations are limited to private DM s... Personnel data is any form of data which identifies an individual ’ names letters for a company and the system! Possibly identifier can feasibly identify a person depending on context particular person within own. Of my previous work being offensive and the company and he asked me something i wasn ’ check. Encryption also obscures information by replacing identifiers with something else address or mobile phone GPS data may also special! And address are considered to be considered legal advice and should be able to explain your! This means additional documentation of systems, processes and procedures and procedures shared by users when rely... Traders, partners, employees and company directors if they have they not!
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