Data Subjects and Consent: Navigating GDPR’s Rights and ObligationsSeptember 21, 2023
Processing of personal data is a huge element of any company. This is utilized to automatise processes, contact customers and employees, and review past performance.
In order to be GDPR-compliant To be GDPR compliant, you must keep the records of every operations that you conduct. This article will walk you on how to create that internal log so you can show your accountability before supervisory officials.
Data Mapping and Inventory
Having a complete, granular analysis of personal data can be crucial for the transparency of your organization and to ensure accountability. It’s also the easiest way to verify if your company has the legal right to handling it.
The process of mapping data is an intricate process, usually it involves multiple departments in the organization (marketing and HR, web development and so on.). It’s crucial to choose the right company to assist create this map quickly and accurately and support the complete breadth of personal data that you use in your business.
An accurate and comprehensive information map of your data is the first step to implement an internal accountability mechanism as required by Article 30 of GDPR. This will help you respond to requests for access or erase personal information promptly in a manner that demonstrates the clarity and completeness that GDPR requires in terms of privacy.
Purpose of Data Processing
One of the primary objectives of privacy laws is to bring transparency and accountability into data processing. But, it is difficult to do without thorough documentation of the types of data taken, the reason for it, and where and when.
This is why Article 30 of GDPR stipulates that organisations keep records and overviews of processing processes for personal data that can be made accessible upon request to supervisory authorities. Documentation also provides data categories, data recipients, purpose of processing and an explanation of the security measures currently in use.
Initial compilation as well as ongoing maintaining of RoPA is time-consuming. It ties up resources especially for large-scale companies that process a lot of different types of personal information. This documentation is vital for self-auditing and identifying gaps or opportunities to improve or enhance methods.
Data Categories and Types
The GDPR obliges companies that collect personal information to keep detailed records of their processing practices, known as a record danh gia tac dong xu ly du lieu ca nhan of processing activities (RoPA). These documents should be readily accessible to law enforcement officials on demand.
In reality, the best solution to build the RoPA which is useful and valuable is to divide the business processes into segments with a homogenous view in the types of personal data processed within them. It might be a matter of business processes including HR, sales and marketing or even the geographical location of factories or warehouses.
Then, consider which lawful bases you use to process every data set. This can help you distinguish among data sets to ensure that you can give granular answers to requests for access by people who have data.
Data Flow Analysis
Data flow analysis is a method that documents the sources data, locations, and sources of personal information in the organization. It’s akin to a Data Protection Impact Assessment (DPIA), although they serve distinct functions and purposes.
An analysis of the data flow assists in creating data records on processing, which are a requirement for numerous organizations covered under Article 30 of the GDPR and are a best practice for all of them. They should contain details of the purpose of the processing, its legal base, the consent status and any international transfers.
In addition, a fine-grained data flow analysis can identify ways to improve constant folding, as well as other methods of optimization, and also help to identify bugs that could be causing problems. Lastly, it is an essential tool in incident response and management. In the event of there is a security breach it is possible to rapidly determine what data is affected and take the necessary steps.
Data Subjects and Consent
Data Subjects are individuals about which personal information is being processed. They have a number of rights, including the right to ask for access to their personal data as well as the right to have it deleted or amended.
Consent is one of the legally valid bases for processing data, but it must be given freely and in a specific way. It must also be clear and lucid. The consent must be clear and not be a default choice when someone enters an email address or checks the box on a form.
If the data subject does not want or withdraws their consent it is your responsibility to cease using their personal information (unless there is another legal ground applicable). The data subject must be kept in a file regarding the reason for refusal and changes to consent. It is also your responsibility to inform them about any other legal grounds to process their personal information.