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.
Privacy management software can help you increase your efficiency and accuracy by automating complex or high volumes of privacy management activities, including privacy impact assessments (PIAs)/data protection impact assessments (DPIAs), data mapping/data inventory, and enterprise assessments. How do you choose?
Out of all six legal bases for processing offered by the GDPR, consent and legitimate interests are the legal bases most likely to be relied upon to justify direct marketing. Where the direct marketing involves electronic communications, however, is where things get muddy.
Developing an effective privacy management infrastructure for GDPR compliance seems daunting. How do you prioritize to meet GDPR accountability obligations?
The General Data Protection Regulation (GDPR) implementation date has arrived. What are the behind-the-scenes work that political parties around the world have to undertake to ensure compliance?
Mobile applications collect a lot of personal data. What are the GDPR considerations for mobile app businesses when laying out the concept and execution of their application?
While the legitimate interests ground for processing under the GDPR can be lawfully applied in many cases, a provisional balance should be established by data controllers with more safeguards for the protection of data subjects.
Majority of CEOs may severely underestimate the consequences of GDPR non-compliance, and more worrisome are unaware of what had to be done or had been done by their staff to implement compliance measures.
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.
Financial market regulators from outside the EU are now seeking GDPR exemptions for the purpose of "public interest", for example cracking down on securities fraud, including the SEC in the U.S. as well as regulators in Japan and Hong Kong.