In today’s digital age, personal data has become a valuable commodity, & protecting it has become increasingly crucial. Many organizations are aware that GDPR compliance is the toughest yet necessary in the EU region. However, they are not aware of it in detail as this requires a complete understanding of legal aspects. In this blog, we will discuss how GDPR data privacy is retained. We will also discuss the rights offered & the consequences of non-compliance so that one can easily understand its intricacies.
What Is GDPR?
The General Data Protection Regulation (GDPR) came into effect in May 2018. It sets guidelines for the collection, processing, & storage of personal data of EU citizens, to protect their privacy & give them control over their data. GDPR applies to all organizations that process the personal data of EU citizens, regardless of where the organization is based. Non-compliance can result in significant fines.
How Does GDPR Ensure Data Privacy?
GDPR ensures data privacy by establishing a set of rules for organizations that process the personal data of EU citizens. These rules are the legal bases for processing personal data, which include:
GDPR requires that individuals provide explicit consent for the processing of their data. This means that organizations must obtain the individual’s informed & unambiguous consent before collecting, using, or sharing their data. The consent must be freely given, specific, & informed, & the individual must be able to withdraw it at any time. GDPR also requires that organizations provide clear & concise information about how they will use the individual’s data, the purposes of the processing, and their rights under GDPR.
GDPR allows for the processing of personal data when it is necessary to fulfill a contract between the individual and the organization. This means that organizations can process personal data when it is necessary to provide goods or services to the individual or to take steps at their request before entering into a contract. However, the organization must ensure that the processing is necessary & proportionate to the contract & that it does not exceed the scope of the contract.
3. Legal obligations
GDPR allows for the processing of personal data when it is necessary to comply with a legal obligation. This means that organizations can process personal data when they have a legal obligation to do so, such as when they are required to comply with a court order or a regulatory requirement. However, the organization must ensure that the processing is necessary & proportionate to the legal obligation & that it does not exceed the scope of the legal obligation.
4. Vital interests of the data subject
GDPR allows for the processing of personal data when it is necessary to protect the vital interests of the data subject. This means that organizations can process personal data to protect someone’s life or health. For example, in a medical emergency, a hospital can process a patient’s data to provide life-saving treatment.
5. Public interest
GDPR allows for the processing of personal data when it is necessary for reasons of public interest. This means that organizations can process personal data to carry out tasks that are in the public interest, such as scientific research, public health, or national security. However, the organization must ensure that the processing is necessary & proportionate to the public interest & that it does not violate the rights & freedoms of the individual.
6. Legitimate interest
GDPR allows for the processing of personal data when it is necessary for the legitimate interests of the organization. This means that organizations can process personal data when they have a legitimate interest in doing so, such as for direct marketing, fraud prevention, or IT security. However, the organization must balance its interests against the rights & freedoms of the individual & ensure that the processing is necessary and proportionate to the legitimate interest. The organization must also provide a clear & compelling justification for the processing & conduct a legitimate interest assessment to demonstrate that the processing is lawful.
Rights In GDPR For Data Privacy
Under GDPR, individuals have several rights that relate to the protection of their data. These rights include:
- Right to Access: Individuals have the right to request access to their data with the organization. The organization must provide a copy of the data free of charge & in a commonly used format, within one month of the request.
- Right to Rectification: Individuals have the right to request to correct or update any inaccurate or incomplete personal data. The organization must do so within one month of the request.
- Right to Erasure: This gives a right to request the organization to erase its data in certain circumstances. Such as when the data is no longer necessary for the purpose for which it was collected or if the individual withdraws their consent for processing. This is also known as the “right to be forgotten.”
- Right to Restrict Processing: It gives the right to request to restrict the processing of their data in certain circumstances, such as when the accuracy of the data is in question or the processing is unlawful.
- Right to Data Portability: Individuals have the right to request a copy of their data in a commonly used format & to transfer that data to another organization.
- Right to Object: Individuals have the right to object to the processing of their data in certain circumstances, such as when the processing is for direct marketing purposes or is based on the organization’s legitimate interests.
- Rights Related to Automated Decision Making: It gives the right to request that decisions made about them based solely on automated processing be reviewed by a human. This is to remove any technical errors & to challenge those decisions.
Consequences Of Data Privacy Breaches In GDPR
Under GDPR, organizations that experience a data privacy breach may face significant consequences, including:
- Fines: GDPR allows for fines of up to 4% of an organization’s global annual revenue or €20 million (whichever is greater) for the most serious violations, such as failure to obtain proper consent for processing personal data, failure to report a breach, or failure to implement appropriate security measures.
- Reputational Damage: A data breach can cause significant reputational damage to an organization, especially if the breach involves sensitive or personal data. This can lead to a loss of customer trust & a decline in business.
- Legal Liability: Organizations may face legal liability if they fail to comply with GDPR requirements or if they cause harm to individuals as a result of a data breach.
- Regulatory Investigations: GDPR requires organizations to report data breaches to the relevant supervisory authority within 72 hours of becoming aware of the breach. Failure to do so can result in further regulatory investigations & potential fines.
- Business Disruption: A data breach can disrupt an organization’s operations, including its ability to process personal data & provide services to its customers.
In conclusion, GDPR is a comprehensive data protection regulation that aims to safeguard individuals’ personal data and privacy rights. It places significant responsibilities on organizations to ensure that they collect, process, & store personal data in a transparent, secure, & lawful manner. Failure to comply with GDPR requirements can result in severe consequences, including fines, reputational damage, & legal liability. Therefore, organizations need to seek help from experts to ensure that they are compliant with GDPR & to protect their customers’ data & privacy.
If you are looking to implement any of the Infosec compliance frameworks such as SOC 2 compliance, HIPAA, ISO 27001, and GDPR compliance, Impanix can help. Book a Free consultation call with our experts or email us at [email protected] for inquiries.