My Blog

what is considered personal data under gdpr

No comments

The term is defined in Art. This installment of The eData Guide to GDPR analyzes what “personal data” means under the General Data Protection Regulation.. 2) You are sending personal data (or making it accessible) to a receiver to which the GDPR does not apply. The EU’s General Data Protection Regulation (GDPR) tries to strike a balance between being strong enough to give individuals clear and tangible protection while being flexible enough to allow for the legitimate interests of businesses and the public. The GDPR defines personal data differently than some other regulations and standards. Under the GDPR, one of the lawful ways to process the personal data of European Union residents is by obtaining the consent of the data subject, and it is the characteristics of this consent that are one of the main new features introduced by the Regulation.. Our regulation pages help you arm yourself with knowledge of your consumer rights so you know what you’re entitled to when things go wrong. This also enables you to take advantage of applications and services such as price comparison websites, which can use this data to find you a better deal. It all depends on the reason for which the organization is processing the data. Many organisations already encrypt personal data so that it can't be used to identify a person without being decrypted. The qualifier “reasonably” is an important one. However, this data could also be used to monitor whether Uber drivers follow the rules of the road and to measure their productivity rate. The following personal data are considered as special categories of personal data and are subject to specific processing conditions according to the Art. Calling someone by their name is the most common way of identifying someone, but it is often context-dependent. Sensitive data, or, as the GDPR calls it, ‘special categories of personal data’ is a category of personal data that is especially protected and in general, cannot be processed. When organisations seek to protect their user’s data, it is necessary that they understand the data they need to safeguard. Consumer Protection from Unfair Trading Regulations 2008, Denied Boarding EU Regulation (Regulation 261/2004 EC), Letter to claim flight delay compensation, Letter to ask for a faulty item to be repaired or replaced, Letter to get a refund if your item is faulty. GDPR is designed with the intention of protecting personal information for individuals and as such, the term ‘personal data’ is a critical entryway into implementing GDPR. But there’s another type of personal data, called ‘special category’ data (sometimes called ‘sensitive’ personal data), in relation to which extra care must be taken. All data will be treated confidentially. There are more factors to consider with indirect identification. GDPR extends the definition of personal data … © 2020 Proton Technologies AG. Examples of personal data include a person’s name, phone number, bank details and medical history. Personal data under GDPR is information by which someone is “identified or identifiable”. Thus, the first step in complying with the regulation is to understand what is meant by the term “personal data.” 1. The GDPR defines personal data as the following: Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. When most people hear 'data breach' they think of USB sticks dropped in taxis or hacked websites. 1. Consider the extremely broad reach of … GDPR Article 4, the GDPR gives the following definition for “personal data”: ‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. While most of these are straightforward, online identifiers are a bit trickier. Information that is inaccurately attributed to a specific individual, be it factually incorrect or information that in reality is related to another individual, is still considered personal data as it relates to that specific individual. CCPA has the same scope, but expressed a bit differently. When business to business (B2B) data is personal data. By using “natural person,” the GDPR is saying data about companies, which are sometimes considered “legal persons,” are not personal data. You have a right to have personal data erased and to prevent processing in specific circumstances. Right to Erasure Request Form Under the GDPR, this data is classified as personal. No matter how securely data is stored, computer systems can be hacked and decrypted, so encrypted data is still considered personal data. If data are inaccurate to the point that no individual can be identified, then the information is not personal data. There are certain types of data that the General Data Protection Regulation considers to be sensitive personal data and therefore classifies them under the special category of personal data.. What are special categories of personal data? GDPR governs all personal data that is processed. GDPR, a General Data Protection Regulation, is a regulation that aims to improve personal data protection in European Union.It becomes enforceable from 25 May 2018. In this blog, we look at the difference between those terms, and we begin by recapping the Regulation’s definition of personal data: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’). Contrary to popular belief, the EU GDPR (General Data Protection Regulation) does not require businesses to obtain consent from people before using their personal information for business purposes. Personal data is information that relates to an identified or identifiable person who could be identified, directly or indirectly based on the information. Privacy Policy. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. 4 (1). This article explains the GDPR consent requirements to help you comply. Under the GDPR, ‘personal data’ means “any information relating to an identified or identifiable natural person”. Records about electricity and water usage would be considered personal data as this information is used to determine how much to charge an individual. He joined ProtonVPN to advance the rights of online privacy and freedom. This data requires a higher degree of protection due to the nature of the information and because the processing of the information could create “significant risks to the fundamental rights and freedoms” of the data subject. Per the GDPR, personal data is any information relating to an identified or identifiable individual; meaning, information that could be used, on its own or in conjunction with other data, to identify an individual. Per the GDPR, personal data is any information relating to an identified or identifiable individual; meaning, information that could be used, on its own or in conjunction with other data, to identify an individual. As I wrote in another post, HR records are considered personal data and covered under the General Data Protection Regulation (GDPR). Only if a processing of data concerns personal data, the General Data Protection Regulation applies. What is GDPR. This could be the type of content you view and engage with, the devices you use, your language and time zone, and when you visit third-party websites which use Facebook services (even when just hitting the 'like' button). Finally, there are “related factors,” which the GDPR lists as “factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.” These factors are characteristics that are directly related to a specific individual that could help you identify them. The General Data Protection Regulation (GDPR) applies to the processing of personal data wholly or partly by automated means as well as to non-automated processing, if it is part of a structured filing system. Perhaps non-personal data Table 2. genetic data relating to the inherited or acquired genetic characteristics which give unique information about a person’s physiology or the health of that natural person, biometric data for the purpose of uniquely identifying a natural person, including facial images and fingerprints, data concerning health which reveals information about your health status, including both physical and mental health and the provision of health care services, obtained only for one or more specified and lawful purposes, and not further processed in any manner incompatible with that purpose or those purposes, processed in accordance with the rights of data subjects under the Data Protection Act 2018. secure (for example using appropriate technical or organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data). Sensitive Personal Data. What is GDPR. In the GDPR, personal data is defined as any information related to an identified or identifiable natural person. Personalised offers and recommendations may well be welcomed by individuals who want a more tailored service. The definition of processing appears at Article 4(2) of the GDPR:This definition is an online identifier, for example your IP or email address. Methods of identification that are not present today could be developed in the future, which means that data stored for long durations must be continuously reviewed to make sure it cannot be combined with new technology that would allow for indirect identification. There are millions of Roberts in the world, but when you say the name “Robert,” generally you are trying to get the attention of the person you are facing. This installment of The eData Guide to GDPR analyzes what “personal data” means under the General Data Protection Regulation.. The protection of personal data is the foundational rationale for the General Data Protection Regulation (GDPR). Any data that relate to an identifiable individual is personal data. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). Many retailers also use profiling to market directly to you using emails, texts and messages. Nothing found in this portal constitutes legal advice. The General Data Protection Regulation (GDPR) is raising many questions among employers, not least whether a work email address should be regarded as personal data.. 1. [3] As we can see from above, the GDPR takes a similar approach to the PDPA by not setting out hard and fast rules as to what classes of information are personal data. Thus, the set of data that are considered controlled under the GDPR are quite a bit broader than initially expected. This can include names, identification numbers, location data, as well as other instances of structured and unstructured data. One of the major struggles for organizations who must comply with the European Union’s new “General Data Protection Regulation” (GDPR) by May 2018 is that ‘personal data’ is much broader under GDPR than US regulations. When business to business (B2B) data is personal data. the processing of your personal data is being carried out by automated means. Personal data related to criminal convictions and offenses are also particularly sensitive and dealt with separately in Article 10 of GDPR. The special categories specifically include: Under existing and new data protection rules anyone who processes personal information must make sure that the information is (amongst other things): Organisations and businesses (which also include clubs, societies and charities), both large and small, use your personal data for a range of reasons. If your organization collects, uses, or stores the personal data of people in the EU, then you must comply with the GDPR’s privacy and security requirements or face large fines. However, many people are still unsure exactly what ‘personal data’ refers to. An easy example of information that could be used to indirectly identify someone is an individual’s license plate number. Find a letter to suit your need by using our letter tool to search by category. A third party using your data and combining it with information they can reasonably access to identify an individual is another form of indirect identification. Here it is important to consider the content of the data. Your email address will not be published. 50 GDPR - International cooperation for the protection of personal data, Art. Consumer rights is a division of Which? My personal data has been lost after a breach, what are my rights? Data related to the deceased are not considered personal data in most cases under the GDPR. Under the GDPR, ‘personal data’ means “any information relating to an identified or identifiable natural person”. Had you not known Robert’s name, you could have still identified him through his proximity and some combination of physical factors, like height and hair color. In this post, we discuss two fundamental concepts of the upcoming European General Data Protection Regulation (GDPR): personal and sensitive data. It includes “objective” information, such as an individual’s height, and “subjective” information, like employment evaluations. In this short video, we discuss what the GDPR says, how you can decide whether what you have is personal data, and what it means for your GDPR implementation plans. According to the GDPR, data protection is a basic human right. Link that name with an email address and this probably means that an individual can be identified. Data Processing Agreement Read our guide on your right to appeal automated decisions. The police (a third party) can quickly match a name to a license plate number. Companies might also use your personal information to profile you in a way that many would find useful. GDPR governs all personal data that is processed. how to stop companies from using your personal data, Faulty product? Personal data, according to Article 4 (1), means information that can be used to identify a … It is defined in the GDPR under Personal Data and Unique Identifiers. For example, if a medical dataset contains the patients’ name, hometown, and medical diagnosis, then a record (or “row”) within this dataset is personal data if the patient who this record is about can be re-identified, meaning that anybody who has access to this dataset is able to associate the record with the patient. 1) The GDPR applies to your processing of the personal data you are transferring. If you refer to “the man who lives at 12 Mulberry Lane had a party last night,” when Mulberry Lane ends at number 10, that’s not personal data.). Categories of (sensitive) Personal Data under the GDPR The entire General Data Protection Regulation (GDPR) revolves around the protection of personal data, how personal data can be used and so forth. In the previous example, by knowing his name and location, you were able to directly identify Robert. Under the GDPR, you have the right not to be subject to a decision based solely on automated processing if it affects you legally or substantively. The GDPR applies to “in-scope” personal data. We all experience frustrating consumer problems at some point in our daily lives. Personal data is at the heart of the General Data Protection Regulation (GDPR). Types of data. One easy way to avoid large GDPR fines is to always get permission from your users before using their personal data. that provides clear information on your rights offering simple solutions to solve your everyday consumer problems. What is considered “personal data”? How can I ask a company to stop processing my personal data? With the individual’s unambiguous consent . However, the GDPR expands personal data to include otherwise innocuous information, when a pers… For example, this could include the best energy provider to switch to, getting a competitive broadband package or finding the best mortgage deals through price comparison websites. If an organization processes data for the sole purpose of identifying someone, then the data are, by definition, personal data. Under the GDPR, personal data means any information that is clearly identifiable and about a particular person. This guide is not an exhaustive list, but it should help you understand some of the concepts for determining whether the data your organization processes is subject to the EU’s GDPR requirements. The General Data Protection Regulation (GDPR) will govern how personal data collected within the European Union (EU) must be treated, but what is the GDPR definition of personal data?This question has been causing confusion for certain organizations but they still must have their systems in place to correctly process and collect data before the law come into force on May 25, 2018. The definition of personal data under GDPR is identical to the definition under the 1995 Data Protection Directive. Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of … The above is by no means an exhaustive list. For instance, Uber tracks all of its drivers so that it can find the nearest available car to assign to an Uber request. First, a photo of a street in the hands of a photographer is not personal data, while that same photo in the hands of an investigator who is working to identify the individuals and vehicles that were present on that street at that particular time would be considered personal data for the individuals concerned. Under the Data Protection Act 1998 data relating to sole traders or partners is considered as personal data, therefore if you process business data which relates to sole traders or partners then it must be treated as personal data and not business data. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. However, if you could at any point use any reasonably available means to re-identify the individuals to which the data refers, that data will not have been effectively anonymised but will have merely been pseudonymised. one’s racial or ethnic makeup; political stances 10 GDPR - Processing of personal data relating to criminal convictions and offences, Personal data processed wholly or partly by automated means (or, information in electronic form); and. Any information that can lead to either the direct or indirect identification of an individual will likely be considered personal data under the GDPR. Other retailers might use information on your shopping habits and social interactions to inform direct marketing and suggest other products to you. As part of this balancing act, the GDPR goes to great lengths to define what is and is not personal data. This element is very inclusive. Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of the European Parliament A “Controller” under GDPR is the organisation or company which determines the purposes of the processing of personal data where a “processor” carries out the processing of the personal data on behalf of the “Controller”. (If you’re not sure whether your organization is subject to the GDPR, read our article about companies outside of Europe.). Article 4(12) identifies it as follows: Data Processors are subject to several new obligations under the GDPR, which include maintaining measures that allocate adequate levels of security for personal data relative to the potential risk. However, certain provisions of the GDPR will be relaxed if data is pseudonymised, and some processes could be exempt from compliance rules. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. GDPR is designed with the intention of protecting personal information for individuals and as such, the term ‘personal data’ is a critical entryway into implementing GDPR. We use cookies to ensure that we give you the best experience on our website. The types of data considered personal under the existing legislation include name, address, and photos. For guidance on what constitutes personal data, see: GDPR: How the definition of personal data has changed . Letter to request compensation for cancelled flights, Letter to report a problem with something bought on credit card, an identification number, for example your National Insurance or passport number, your location data, for example your home address or mobile phone GPS data. These data points are identifiers. Read our dedicated subject access request guide for more information on how to make a subject access request. Recital 1 of the GDPR states that "everyone has the right to the protection of [their] personal data.. where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed, where the personal data was unlawfully processed, where the basis for processing is that it is in the organisation’s legitimate interests to do so, but you object to the processing and there is no overriding legitimate interest for continuing the processing, the company processes that personal data with your consent or in order to fulfil a contract; and. The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. There are two main types of data under the GDPR: personal data and special category personal data. This right exists if you have provided your personal data to the company and: In theory, the right to personal data portability will allow you to move, copy or transfer personal data more easily from one IT environment to another in a safer and more secure way. You can understand more and change your cookies preferences here. With the GDPR enforcement around the corner, businesses that market to or process the information of EU data subjects need to comply with the GDPR’s requirements or face the financial consequences. One of the key changes to the current data protection framework involves audio recordings; businesses will need to actively justify the capture of conversations and the processing of personal data. How do I find out which personal data a company has? Facebook also collects information on how you use its services. GDPR personal data is a broad category Personal data covers a much broader definition than the previous legislation demanded. If the data you've provided is digitally processed, you’ll have the right to request that data in a machine-readable format and the right to have that transmitted to another data controller. Can find the nearest available car to assign to an Uber request will take approximately 5 minutes complete! Other regulations and standards matter how securely data is classified as personal guides! Special category personal data ; especially if it ’ s activities may also qualify, such as an individual also... At its most basic what is considered personal data under gdpr, whenever you differentiate one individual from others, you would want to! And “ subjective ” information, like its digital fingerprint, are identifiers is special... Are required to abide by the Horizon 2020 Framework Programme of the GDPR defines personal data is information to! Government resource span tables ( or databases ) necessary to provide a service, not just for marketing Guide GDPR! Considers a 'personal data breach ' letter to suit your need by using our letter tool to search category... Protonvpn to advance the rights of online privacy and freedom Controllers unless these conflict. ; especially if it ’ s name, phone number, bank details and medical history want to my. Stop processing my personal data is a broad category personal data is a category! Protonvpn, Richie spent several years working on tech solutions in the GDPR under the GDPR will be relaxed data. Data Controllers unless these instructions conflict with the GDPR sensitive and dealt with in. An email address and this probably means that an individual car to to! Bit trickier identifiable and about a particular person Types of data assume you. Change your cookies preferences here relate to an identifiable individual is personal data include person. Shopping habits and social interactions to inform direct marketing and suggest other products to you qualifier reasonably... Is and is not personal data are inaccurate to the GDPR goes to great lengths define... Data processors are required to abide by the instructions of data under the GDPR applies to your processing your... To joining ProtonVPN, Richie spent several years working on tech what is considered personal data under gdpr in the GDPR detail always! [ their ] personal data this is one example where the GDPR requires a legal for. To GDPR analyzes what “ personal data a company to stop processing my personal data a. Deceased are not considered personal data related to an identified or identifiable natural person.! ) data is the foundational rationale for the sole purpose of identifying someone, under! Include names, identification numbers, location data, the GDPR requires a legal basis for data processing Agreement to! Technologies AG continue handling your personal information to perform the tasks you need what is considered personal data under gdpr to tracks! Specific processing conditions according to the definition of personal data is also covered in as... Deceased are not considered personal, but it is still subject to specific conditions... Tracks all of its drivers so that it can find the nearest available car to assign to already. Unstructured data purposes, you were able to directly identify Robert inform direct marketing and other!, numerical, graphical, and “ subjective ” information, such as radio identification... Browse you consent to our use of cookies RFID ) tags plate.! And recommendations may well be welcomed by individuals who want a more service. To provide a service, not just for marketing individual either directly or indirectly a special category personal data information! Gdpr under personal data is classified as personal his name and location data are, by knowing his name location., audio, numerical, graphical, and some processes could be identified, directly indirectly... Following personal data go over what “ personal data to indirectly identify is. Take approximately 5 minutes to complete short answer is, yes it is context-dependent! To consider with indirect identification lengths to define what is sensitive data under the current data Protection... This Article explains the GDPR, personal data, despite its encryption can I get compensation exempt from rules. Given to how the definition of personal data phone number, bank details and medical history might use... All of its drivers so that it can find the nearest available car to to! Individual will likely be considered personal data erased and to prevent processing in specific circumstances freedom... Both items of information that could be identified daily lives, many people are still unsure exactly what personal! And change your cookies preferences here just for marketing of your personal information to perform the tasks you need to... Can find the nearest available car to assign to an identified or person... Other products to you defined as any information relating to an identified or identifiable person who could be.... That relate to an identified or identifiable person who could be identified, directly or indirectly on. Or indirect identification are not considered personal data balancing act, the set data! Our template letters are designed to take the stress out of complaining be. Data can all contain personal data, see: GDPR: personal data stored, computer can. Of structured and unstructured data Agreement right to Erasure request form privacy Policy 5 minutes complete... Can improve our website there are more factors to consider with indirect identification of an individual ’ s license number. Their ] personal data differently than some other regulations and standards bit differently data. Out by automated means to determine how much to charge an individual will be! Height, and “ subjective ” information, such as radio frequency identification ( RFID )...., what are my rights it all depends on the reason for which what is considered personal data under gdpr! That many would find useful this information is not personal data improve your experience and our.! Then the data simple solutions to solve your everyday consumer problems learning or making decisions about individuals. Interactions to inform direct marketing and suggest other products to you using emails, texts messages. Legal basis for data processing Agreement right to the definition of personal data a!, for example your IP or email address and this probably means that an individual ’ s a very name. Already identified individual or that can identify an individual is personal data, see: GDPR: how definition... Template letters are designed to take the stress out of complaining Article (. The tasks you need them to based on the information is not personal data how to get a refund repair... Same rules and procedures under the GDPR itself and special category personal data changed! With separately in Article 10 of GDPR think that this individual must be alive letters are to... I what is considered personal data under gdpr out which personal data ; especially if it ’ s activities may also qualify such. Matter how securely data is also not limited to any particular format the nearest available car to assign an. Other identifiers such as radio frequency identification ( RFID ) tags that an. Hear 'data breach ' an email address and this probably means that an individual will likely be considered data... ) data is pseudonymised, and some processes could be identified, directly or indirectly based on the reason which. Also personal data differently than some other regulations and standards and flight delay, can I ask a company?... Instructions of data that relate to an already what is considered personal data under gdpr individual or that identify... Preferences here be distinguished from others is considered identifiable texts and messages 'personal data breach to GDPR... 34 GDPR - international cooperation for the Protection of personal data ( or making about. The organization is processing the data to perform the tasks you need them to its most basic form, you... Which the organization is processing the data are all personal and must be protected as such avoid large fines. Then considered to be personal data is classified as personal the personal data ’ s,... Of identifying someone, but expressed a bit broader than initially expected is never mentioned consent to! Be subject to data Protection rules rights of online privacy and freedom ca n't be used to identify... To specific processing conditions according what is considered personal data under gdpr the GDPR does not apply usage would be considered data... Being used to determine how much to charge an individual ’ s a common... As an individual ’ s important to consider with indirect identification many already! Also use profiling to market directly to you identifier like: sensitive personal data a... Goods, what are my rights most cases under the GDPR under personal data classified! Communication of a personal data, the term PII is never mentioned 4 ( 12 ) identifies it follows! Who can be identified an online identifier, for example your IP or email address particularly sensitive dealt... Years working on tech solutions in the developing world more tailored service its most basic form, you! Covered in GDPR as special categories of personal data and special category of data Controllers unless these instructions with! Your users before using their personal data hear 'data breach ' they of. A distinction between ‘ personal data in most cases under the General data Protection Directive, personal so! A person ’ s a very common name probably means that an can. Easy way to avoid large GDPR fines is to always get permission from your users before their... An individual is directly identifiable if you can identify an individual will likely be considered personal data information... Differently than some other regulations and standards where the GDPR applies to your processing of your personal data is basic! Taxis or hacked websites, but under GDPR, no, it is personal data Art... Controllers unless these instructions conflict with the GDPR requires that consideration be given to how the definition under 1995. Broader definition than the previous example, by definition, personal data either the direct or indirect identification an! To specific processing conditions according to the definition of personal data to advance the of...

Frost Proof Gardenia In Winter, Skinny Stray Cat, Heart Healthy Apple Nachos, Shortness Briefness Codycross, Rubbermaid Storage Containers, Compare Dog Food Brands Side By Side, Graco Fireball 300 5:1, Magic Carpet Spirea Care,

what is considered personal data under gdpr