6. Data Processing Principles

6. Data Processing Principles

1. Lawfulness, fairness and transparency

   • Personal data processed only if a legal ground exists and to the extent that processing is carried out in a fair and transparent manner
   • Lawfulness
     • Additionally one legal ground must be met
       • Consent
       • Contract Performance
       • Legal Obligation - to which the controller is subject
       • Vital interest of individuals
       • Public Interest
       • Legitimate Interest
         • Except where such interest are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data
   • Fairness
     • Data subjects must be aware that thier personal data will be processed, how it will be collected, kept and used to allow informed consent and exercise their rights
       • Sometimes deemed fair even without consent i.e. tax authorities from an employer
       • Unfair example - travel website tracking someone and increasing prices might be unfair processing
       • Local rules such as a police officer seeing previous tickets to determine fine is fair by local rules
   • Transparency
     • Controller must be open and clear to data subject
       • Exceptions
         • When providing the information will involve a disproportionate effort or can be considered impossible
         • Protect the data subjects legitimate interest
         • To preserve the confidentiality of the information
     • Information must be provided in a timely manner
       • Clear, concise and easy to understand
         • i.e. Short/Ad Hoc privacy notices or icons/symbols is encoraged

2. Purpose Limitation

   • Controllers must first identify the purpose for which the PD will be processed
     • Use of personal data for statistical purposes, public interest, scientific research will be considered compatible as long as such processing takes place within the limits set out by Union or member states laws
   • Secondary Purpose test - NEED ALL
     • Any link between those purposes and the purposes of the intended further processing?
     • Context of which PD was collected and the reasonable expectations of the DS based on relationship with controller and future use
     • Nature of the PD
     • Consequences of futher processing
     • Existence of safeguards in original and further processing
     • If fail a separate legal ground will be required e.g consent

3. Data minimisation

   • Only relevant, necessary and adequate to accomplish the purpose
   • Can you accomplish purpose with anonymous data? Test
   • I.e. don't take a "Save everything" approach

4. Accuracy

   • Reasonable measures during collection as well as during processing
   • When data collected for historical or statistical controller just needs to maintain the PD as originally collected
   • Must respond to DS requests to complete/fix information or misinformation

5. Storage Limitation

   • Must not keep data for longer than necessary - must be securely deleted once no longer needed
   • Can store longer if archival is in public interest, scientific or historical research or statistical purposes

6. Integrity and confidentiality

   • Processed in a manner to ensure appropriate security - protection against unauthorised or unlawful processsing and against accidental loss
     • Using appropriate technical or organisational measures