Article 5
Principles Relating to Processing of Personal Data
Overview:
Article 5 outlines the fundamental principles while processing personal Data. In fact we can call this the 7 pillars of GDPR for processing personal data. They are:
- Lawfulness fairness and transparency – Data must be processed in a lawful way with fairness and transparency. The data subject should be made aware of how their data will be processed
- Purpose limitation – Personal Data should be collected only for the purpose meant and should nor be used for any other activity
- Data minimization – Collect only the data that is necessary to carry out a specific activity or process
- Accuracy – Personal data should be always kept accurate and up-to-date. Inaccurate data should be corrected or erased promptly.
- Storage limitation – Personal data collected should not be kept longer than necessary for the purpose for which it is processed
- Integrity and confidentiality – Personal data should be processed securely and adequately protected from accidental loss, damage or destruction.
- Accountability – The controller is responsible for adhering to the GDPR principles. They also should be able to demonstrate compliance.
Implementation Guidance
- Ensure that the organisation has defined a framework for implementing GDPR. It is always advised to have a framework like a Personal Information Management System (PIMS) for implementing GDPR.
- There should be proper documentation (not limited to policies and procedures) to demonstrate the compliance towards GDPR and the principles
- Implement appropriate technical controls to ensure the protection of personal data
Compliance Checklist
- PIMS
- Privacy Policy
- Documentation to demonstrate compliance
- Technical control implementation
Examples and Use Cases
- Online shopping website collect personal data and email ID, but clearly communicates to the customer that the same will be used for marketing purposes. They also provide a choice of consent for that.
- A tech gadget website collects email addresses from its customers and asks for their consent to send them information about newly launched gadgets via email.
- The HR department of an organisation regularly updates the record to ensure that the data is up-to-date and accurate.
- An online shopping portal implements Multi Factor Authentication (MFA) to provide additional layer of security
- A dental clinic collects only the necessary information from the patients to perform the treatment.
Legal text
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Additional Resources
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