6/8/2023 0 Comments Dato personale gdpr![]() Recital 2 gets a little more granular than Article 3(2), “The principles of, and rules on the protection of natural persons with regard to the processing of their personal data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular their right to the protection of personal data.”.Article 3(2) states, “This Regulation applies to the processing of personal data of data subjects who are in the Union…”.When reviewing the law, you can see several different interpretations: There’s tourism, travel, residencies, students abroad, and much more to consider.īecause GDPR uses inconsistent qualifiers when referring to data subjects and informal descriptions of who a data subject is, the public has been left with varying interpretations and significant challenges. Some may assume that data subjects are EU citizens, but that analysis seems to exclude the explicit language of the law and practical considerations. Here’s the issue: the law uses the term “data subject” but doesn’t define the term. Article 26 states anonymous data is not subject to the requirements of the law.ĭespite the challenges, we do know that defining what personal data is under GDPR depends on the element, context, and reasonable likelihood of identification generated by the data. One thing about GDPR personal data is clear. Inferred and Derived DataĪrticle 29 Data Protection Working Party says that “a credit score or the outcome of an assessment regarding the health of a user is a typical example of inferred data” and is personal data that “does not fall within the scope of the right to data portability.” If we extend the concept that derived data is personal data that is not subject to all of GDPR, data from the right to data portability to the entirety of GDPR, then we may have an additional loophole or exception for GDPR compliance. Again, when the name is used in conjunction with the name of an employer or a telephone number, then the data is more likely to identify a person, and therefore, the combination of very general data and more specific data may constitute personal data under GDPR. If you have a common name, so much so that 500,000 people in one country have the same name, then that name may not be personal data on its own. Personal Data that isn’t always Personal Data Understanding what personal data is under GDPR isn’t just knowing a list of elements it’s considering what you can do with those elements once you use them together. Indirect IdentificationĪ single element might not be considered personal data in some contexts, but when it is used in conjunction with other elements, it’s able to identify a data subject. ![]() This broadens the traditional scope and definition of personal data to address the general lack of transparency when it comes to data use from devices and IoT. Recital 30 says that there are some online identifiers provided by devices, applications, tools, and protocols that leave traces which, when combined with unique identifiers and other information, may be used to identify natural persons. There are a few challenges that keep the definition of personal data under GDPR from being cut-and-dry, including: Data from Devices An online identifier of one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of a natural person.Biometric data (eye retina, fingerprint, etc.).In Article 4(1), GDPR specifically states that “personal data” means any information relating to an identified or identifiable natural person, which is someone who can be directly or indirectly identified. However, both natural and legal persons can be data controllers and data processors. The GDPR protects the personal data of data subjects who are natural persons. Examples include corporations and partnerships. Natural persons are contrasted with legal persons, which are entities that are not natural persons, but that have some of their legal rights. Under the GDPR, a natural person is a living, breathing human being. What is a Natural Person According to GDPR? Let’s take a closer look at GDPR personal data and data subjects with everything you need to know at a high-level, starting with a couple of basic definitions. The answer to these questions can determine whether or not GDPR applies to your organization and to what extent it applies. If you’ve been asking these questions but can’t seem to find a clear answer, you are not alone. Two of the most frequent questions asked about GDPR, especially from non-EU-based organizations, are: ![]() ![]() What is GDPR Personal Data and Who is a GDPR Data Subject?
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