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What are the principles of GDPR? Which principle emphasizes the need to collect data?

who does the gdpr apply to select all that apply
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What are the principles of GDPR? Which principle emphasizes the need to collect data?

The GDPR is simply one of the most complex regulations by the European Union (EU) that necessitates organizations to ensure the protection of personal data as per GDPR’s principles and guidelines.  

What are GDPR principles?  To whom do they apply to? What do each principle mean? Let us explore!

What is GDPR?

The General Data Protection Regulation is a regulation that was passed by the European Union in 2018 to protect the fundamental right to protection, and privacy of personal data whenever it is used. It was to strengthen EU’s existing data protection framework which was passed in 1995 called Data Protection Directive. It was a unified set of regulations throughout Europe. 

The regulation intends to provide organizations with a set of strict requirements to proactively take measures for the secure handling and storage of personal data such that it is not exploited or misused in any way. It also requires them to take proactive measures against data breaches.

All the organizations that are non-compliant with any of the GDPR’s guidelines are liable to pay penalties.

To whom does the GDPR apply to?

The GDPR applies to all the organizations within the EU and outside the EU that offer goods or services to customers and organizations in the European Union.   All the major corporations are liable to be compliant with GDPR.     

What are the principles of GDPR? 

The GDPR is based on several principles to be adhered to  

  • Lawfulness, fairness and transparency 
  • Purpose limitation 
  • Data minimisation  
  • Accuracy  
  • Storage limitation 
  • Integrity and confidentiality  
  • Accountability 

Which principle emphasizes on the need to (purpose) collect data? 

The principle that emphasizes the need to collect data is the purpose limitation principle which requires an organization to clearly define the purpose for processing data along with the consent. It also requires them to document the purpose for processing personal data and notify about the same to the data subjects.  

What does each principle mean? 

Lawfulness, fairness and transparency 

As per the GDPR, every organization must identify specific grounds for processing personal data. It requires organizations to ensure that the data processed is done in a lawful, fair, and transparent manner. These grounds must be aligned with any of the six reasons: 

  • It is fully understood by the data subject 
  • It fulfills a contract with an individual or any specific tasks before commencing a contract 
  • It meets a legal obligation   
  • It protects someone’s life 
  • It is for the public interest or fulfills a public function with a clear legal reason 

Purpose Limitation  

This principle is about accountability. It ensures that organization only engages in purposeful usage of personal data which is disclosed with the data subject. It gives data subjects the freedom to choose what data will be used and how it is processed and will be processed in the future.

Data minimisation    

As per GDPR, a data controller is a legal or natural person, agency, public authority, or any other body alone or with others, that determines the purpose, and processing means of any personal data. According to the data minimization principle, a data controller must consider the minimum data that fulfills its purpose. 

Accuracy  

This principle requires organizations to possess processes that ensure the accuracy of data and give rights to data subjects to rectify any inaccuracies in their data. It requires organizations to annotate changes in data in case of updates. 

Storage limitation 

GDPR has clearly defined the duration for which personal data will be stored. If the data is stored for a duration longer than originally defined, then it will be considered a violation. There are only three exceptions to the duration of data storage. It can be stored indefinitely if: 

  • It is archived for public interest 
  • It is to be used for scientific or historic research purposes 
  • It is used for statistical purposes 

Integrity and confidentiality  

The principle is about the secure processing of data and measures to avoid data breaches. It includes taking measures for information security both physical and digital to ensure that it is only accessed by people who are authorized and consented to do so. Organizations must also ensure recovery measures in case of erasure, loss, or alteration of data.   

Accountability 

It is the principle that requires organizations to take full responsibility for the personal data and its security from data breaches and other cyber incidents. To reflect adherence to this principle, organizations must have taken the recommended measures and show documentation of the same. They must also demonstrate measures against data breach and strategies to minimize risk from them.  

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