With the EU GDPR right around the corner, you have probably heard that there will be six legal bases for processing personal data. For organizations who are currently preparing for GDPR, there is a strong focus on – as well as some confusion around – legitimate interests, in particular. Let's take a closer look.
Data Protection
Certain types of personal data are very valuable to criminals, and can be very damaging to an individual or business if it falls into the wrong hands. As the world becomes more digital and more connected, more of this sort of data is generated and passed between various sources on a regular basis.
Government regulations and supervisory authorities aren’t just about keeping irresponsible parties in line. They also provide vital security guidance to every type of organization that handles sensitive personal, business or government information.
Data protection regulations also ensure that the end user has a transparent view of and a say in the processing of personal data. These safeguards play a significant role in everything from the preservation of civil rights to ensuring that democratic institutions function properly.
Some types of personal data are clear candidates for regulation: medical records, banking information, national ID numbers and so on. But some of these regulations also cover items that might seem relatively innocuous at first glance: home addresses, email addresses, website profile information and so on. For example, the European Union General Data Protection Regulation (GDPR) has stipulations about anything that is unique to an individual to include phone numbers and social media accounts. People have varying levels of privacy preference with these items, but they are often protected by regulation because they can be used for targeted scams and attempts at identity theft.
Given that regulations often take the size and customer count of businesses into consideration in terms of penalties and the scope of protection of personal data, compliance is particularly important for enterprise-scale organizations. You do not necessarily have to have an active business presence in a country or region; simply storing data on or moving it through servers there may subject you to their data protection rules.
The California Consumer Privacy Act (CCPA) is the latest in privacy compliance. Although not as comprehensive as what is provided by the GDPR, there are useful operational overlap that can help with compliance with the CCPA.
External DPO service providers, whilst offering valuable benefits to the organisation, are not a one stop shop for privacy and data protection compliance. Companies must still maintain robust data protection policies, promote good data protection practices and generally uphold the data protection principles.
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The EU privacy watchdog opened 2022 with an order to Europol to delete stored data on persons not connected to or involved with a crime. But a mid-2022 reform of Europol's governing regulations retroactively legalized this data practice.
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The UK data adequacy decision was slated to expire this month, but recently received a six-month extension approval from the EDPB. The civil society groups are calling for withdrawal of this extension if the UK government does not ensure an equivalent level of data protection.
The advertising industry would like to see Australia’s privacy law kept loose enough to allow "legitimate" data collection, a "tech neutral" posture and rules that are no stronger than the ones at play in the EU and UK.
The EU GDPR signals a move towards a technology-based approach that can enforce data protection policies for personal data. What’s the solution?










