Under the General Data Protection Regulation (GDPR), personal data is defined as any information relating to an identified or identifiable natural person. This includes not only obvious identifiers like names and email addresses but also less direct identifiers such as IP addresses and behavioral data, ensuring comprehensive protection for individuals’ privacy and rights.
GDPR personal data - what information does this cover?
The General Data Protection Regulation (GDPR) is a set of privacy laws introduced in 2016 to protect personal data within the European Union. Personal data, also known as personally identifiable information (PII), refers to any information that can identify an individual directly or indirectly. This includes common identifiers like names, phone numbers, and addresses, as well as more advanced data like biometrics and location data from devices.
The GDPR applies to all types of personal data and across various platforms, including manual and automated processing, regardless of the technology used. It covers data stored in IT systems, paper records, or obtained through video surveillance.
The GDPR's primary objective is to provide a unified framework for data protection and privacy across the EU. It gives individuals more control and understanding of how their personal data is being used by organizations and businesses they interact with.
Personal data must be handled with caution and only processed as necessary. Organizations should limit data retention and consider using pseudonymization or encryption techniques to safeguard sensitive information. Pseudonymization involves replacing identifiable information with artificial identifiers, while encryption obscures data by replacing unique identifiers with other data, granting access only to authorized users.
The context in which data is collected is crucial in determining whether it falls under personal data according to the GDPR. Even seemingly harmless pieces of information, when combined, might be enough to identify an individual. Therefore, organizations must be aware of how different pieces of data can be linked to create identifiable profiles.
The GDPR distinguishes between personal data and sensitive data. Sensitive data includes special categories that require extra security measures. Processing sensitive personal data requires a lawful reason under Article 6 of the GDPR.
Consent is one way to process personal data, but it is not always the best option. There are other legal bases for data processing outlined in the GDPR, and organizations need to choose the appropriate one based on their specific situation.
Data breaches involving personal data can lead to severe consequences, both for individuals and organizations. Breaches can result from cybercriminals hacking into systems, but they can also occur due to accidental disclosure by employees or technical errors.
In conclusion, the GDPR plays a crucial role in safeguarding personal data within the European Union. It covers various types of data and platforms, aiming to protect individuals' privacy and give them control over their information. Organizations should handle personal data carefully, considering pseudonymization or encryption methods and being aware of how different pieces of data can be linked. Sensitive data requires extra security measures, and consent is just one legal basis for data processing. Data breaches pose significant risks, and both individuals and organizations need to be vigilant in protecting personal information.
Source: https://www.gdpreu.org/the-regulation/key-concepts/personal-data/
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What is personal data? - European Commission
Personal data refers to information that pertains to a living individual and can be used to identify that person. This includes various pieces of data that, when combined, can lead to the identification of a specific individual. Even if personal data has been de-identified, encrypted, or pseudonymized, it may still fall under the scope of the General Data Protection Regulation (GDPR) if it can be used to re-identify a person.
However, personal data that has been anonymized in a way that the individual is no longer identifiable is no longer considered personal data. For true anonymization to occur, the process must be irreversible.
The GDPR provides protection for personal data regardless of the technology used to process it. It is technology-neutral and applies to both automated and manual processing, as long as the data is organized according to predefined criteria. The storage method of the data, whether in an IT system, through video surveillance, or on paper, does not affect its classification as personal data. Regardless of the storage medium, personal data must adhere to the protection requirements outlined in the GDPR.
There are instances where specific sectoral legislation, such as the ePrivacy Directive and Regulation, regulate the use of certain types of data, such as location data or cookies. These regulations may provide additional guidelines and requirements for handling such data.
It is worth noting that references to personal data should comply with the GDPR and related regulations to ensure proper protection and handling of the information.
Source: https://commission.europa.eu/law/law-topic/data-protection/reform/what-personal-data_en
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What is personal data? | ICO
Personal data, as defined by the UK General Data Protection Regulation (GDPR), refers to any information that pertains to an identified or identifiable natural person, also known as a data subject. An identifiable natural person is someone who can be directly or indirectly identified through an identifier, such as their name, identification number, location data, online identifier, or other factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
To determine whether the information being processed relates to an identified or identifiable individual, one can evaluate whether the data contains one or more identifiers or factors specific to the individual. In most cases, this determination can be straightforward, but in certain situations, it may require careful consideration.
The UK GDPR governs the processing of personal data in two primary ways. First, it ensures that personal data receives the necessary protection and is processed lawfully, fairly, and transparently. Second, it empowers data subjects with rights over their personal data, such as the right to access, rectify, and erase their data.
Certain types of personal data are considered more sensitive and require a higher level of protection, known as special categories of personal data. These include data related to an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, and more. Personal data concerning criminal convictions and offenses also falls under this category.
Unstructured paper records, though not covered under the UK GDPR, are considered personal data under the Data Protection Act 2018 (DPA 2018) when processed by public authorities. However, these records are exempted from most of the principles and obligations in the UK GDPR, ensuring they are appropriately protected for requests under the Freedom of Information Act 2000.
Pseudonymisation is a technique used to protect personal data by replacing or removing information that directly identifies an individual. While this can reduce risks for data subjects and help meet data protection obligations, it is important to note that pseudonymised data still falls within the scope of the UK GDPR and is considered personal data. The data remains personal data because it could be attributed to a natural person with the use of additional information.
In contrast, anonymised data, which no longer relates to an identified or identifiable individual, is not subject to the UK GDPR. Anonymisation can be an effective method of reducing risk and protecting data subjects. However, organizations should be cautious when claiming data is anonymised, as true anonymisation requires stripping personal data of any elements that could re-identify the individuals.
The UK GDPR does not apply to information concerning deceased individuals since it only pertains to identifiable living individuals. Similarly, information about legal entities, such as limited companies, does not constitute personal data unless it specifically relates to individuals acting in certain roles, such as sole traders, employees, partners, or company directors.
In conclusion, personal data under the UK GDPR refers to information related to an identified or identifiable individual. Processing personal data is subject to specific principles and obligations, while pseudonymised data remains within the scope of the UK GDPR but with reduced risks. Anonymised data, on the other hand, falls outside the UK GDPR's jurisdiction. It is crucial for organizations to accurately determine the status of the data they handle to ensure compliance with data protection regulations and safeguard individuals' rights.
Source: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/personal-information-what-is-it/what-is-personal-data/what-is-personal-data/
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What is personal information: a guide | ICO
The recent updates to our website include changes to the Guide to the UK GDPR. Instead of one comprehensive guide, it has been divided into smaller, more focused guides like the one we are currently discussing.
Firstly, let's take a quick look at the latest updates. These changes aim to provide more clarity and accessibility to users navigating the GDPR guidelines.
Now, moving on to the main topic - personal data. It is essential to understand what constitutes personal information. Personal data refers to any information that can identify an individual, directly or indirectly. This can include names, contact details, identification numbers, and even online identifiers such as IP addresses.
Identifiers and related factors play a significant role in determining whether specific data falls under the category of personal information. Identifiers can be obvious, like a person's name or social security number, but they can also be less apparent, such as location data or online usernames.
Next, we need to consider whether an individual can be identified directly from the information available. For example, if a piece of data clearly points to a particular person without additional context, it is considered direct identification. On the other hand, if it requires combining multiple pieces of information to identify someone, it falls under indirect identification.
The concept of 'relates to' is crucial in the context of personal information. If the data is associated with an individual or concerns them in any way, it is considered to 'relate to' that person. This broad interpretation ensures that various types of data, even if not explicitly identifying, are protected under GDPR.
Now, let's explore the scenario where different organizations process the same data for various purposes. Each organization must adhere to GDPR regulations and ensure the lawful and transparent processing of personal data. If they use the data differently, they might need to obtain separate consent or demonstrate legitimate reasons for doing so.
In conclusion, these updates to the Guide to the UK GDPR aim to offer users a more accessible and comprehensive understanding of personal data and its protection. Understanding what qualifies as personal information, the importance of identifiers, direct and indirect identification, and the concept of 'relates to' will help individuals and organizations comply with GDPR requirements when handling personal data for various purposes.
Source: https://ico.org.uk/for-organisations-2/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/what-is-personal-data/
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What is considered personal data under the EU GDPR?
The EU's General Data Protection Regulation (GDPR) is designed to protect personal data, which refers to any information related to an identifiable person. Businesses dealing with EU consumers must comprehend this concept to ensure GDPR compliance. The regulation aims to strike a balance between safeguarding individuals' rights and allowing legitimate interests of businesses and the public. To achieve this balance, the GDPR provides a comprehensive definition of what constitutes personal data and outlines how it applies to data processing.
According to the GDPR's definition, personal data pertains to information related to an identified or identifiable natural person (referred to as a data subject). Identifiability can be direct or indirect, using identifiers like names, identification numbers, location data, online identifiers, or specific factors related to physical, physiological, genetic, mental, economic, cultural, or social identity.
Moreover, the GDPR only applies to personal data processed in specific ways. The definition includes four key elements that form the foundation for determining whether information qualifies as personal data:
1. Natural Person: Personal data must relate to a living individual, excluding data about deceased individuals.
2. Any Information: The definition is broad and includes both objective and subjective information, regardless of the format (e.g., video, audio, numerical, graphical, or photographic data).
3. Identifiable Individuals and Identifiers: Whenever an individual can be distinguished from others, they are considered identifiable. Identifiers include names, identification numbers, location data, online identifiers, and biometric data.
4. Identifying Directly and Indirectly: Data can directly identify a person if the information alone is sufficient. Indirect identification involves using data in combination with other information to identify an individual.
The GDPR considers any information that leads to direct or indirect identification of an individual as personal data. This includes data that provides insight into an individual or influences decisions affecting them, such as medical records, criminal records, bank statements, or utility usage information.
The purpose for processing the data is crucial in determining whether it falls under GDPR requirements. For instance, a photo of a street may not be personal data in the hands of a photographer, but it becomes personal data when used by an investigator to identify people or vehicles present at a particular time. Similarly, video surveillance intended to identify individuals is considered personal data.
It is essential for organizations to assess whether the data they collect, use, or store falls under the scope of the GDPR to ensure compliance. Understanding the concepts outlined in the GDPR's definition of personal data is vital in this process. If organizations need further assistance with GDPR compliance, they can seek guidance from relevant resources to ensure they meet the regulation's requirements.
Source: https://gdpr.eu/eu-gdpr-personal-data/
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What is GDPR? Everything you need to know about the new general data …
The General Data Protection Regulation (GDPR) is a European Union regulation that came into effect on May 25, 2018. It replaces the 1995 Data Protection Directive and aims to give EU citizens more control over their personal data while simplifying the regulatory environment for businesses in the digital economy.
The GDPR applies to any organization operating within the EU or offering goods and services to EU customers. It places obligations on both data processors and controllers, defining personal data broadly to include information like IP addresses and genetic data.
Brexit does not impact GDPR compliance requirements in the UK, and organizations failing to comply with GDPR can face fines of up to 4% of their annual global turnover or 20 million euros, whichever is greater.
The GDPR introduces several significant changes for consumers and citizens, including the right to know when their data has been hacked and easier access to their own personal data. Organizations are required to detail how they use customer information and provide opt-out mechanisms for data processing.
The GDPR also encourages businesses to adopt techniques like pseudonymization to protect customer privacy while collecting and analyzing personal data. However, criminals have exploited GDPR's introduction by sending fraudulent emails to trick individuals into providing sensitive information.
The regulation also mandates data breach notifications, requiring organizations to report breaches to supervisory authorities within 72 hours of awareness. Serious breaches must also be communicated to affected individuals.
GDPR compliance involves appointing a Data Protection Officer (DPO) for organizations involved in large-scale data processing or monitoring. While compliance might seem complex, organizations need to establish comprehensive governance measures to minimize the risk of breaches and uphold data protection.
In conclusion, GDPR is a crucial regulation that aims to protect the privacy of EU citizens and establish uniform data protection standards across the continent. Organizations need to ensure compliance with its provisions to avoid significant fines and penalties while safeguarding customer data and privacy.
Source: https://www.zdnet.com/article/gdpr-an-executive-guide-to-what-you-need-to-know/
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What Is Personal Data Under the GDPR? - TrueVault
The EU's General Data Protection Regulation (GDPR) primarily focuses on regulating the use of personal data. To understand the GDPR better, it is essential to define what constitutes personal data. According to Article 4 of the GDPR, personal data refers to any information that relates to an identified or identifiable natural person, also known as a data subject.
To determine if a specific piece of information qualifies as personal data, two questions need to be asked. First, is there an identified or identifiable person? Second, does the information pertain to that person? For example, a spreadsheet with anonymous identifiers and gender information for individuals may not initially be considered personal data since the individuals cannot be identified. However, if additional information such as email addresses is added, making the individuals identifiable, then the gender information becomes personal data.
There are various examples of personal data under the GDPR. Identifiers like names, mailing addresses, telephone numbers, email addresses, and usernames are common examples. Online identifiers, including IP addresses, cookies, and pixels used for tracking, are also considered personal data. Online activities such as browsing history, search history, email opens, ad clicks, and online purchases are personal data when linked to an identifiable data subject. Geolocation data, even at a broader level like city or state, qualifies as personal data when associated with a specific individual. Personal characteristics like age, gender, race, ethnicity, religion, and education are also considered personal data. Additionally, if an organization uses personal data to create profiles of data subjects for predictive purposes, those profiles are categorized as personal data.
This list of examples is not exhaustive, and if there is uncertainty about whether certain information qualifies as personal data, it is important to consider whether there is an identifiable person and if the information is related to them.
For organizations striving to achieve GDPR compliance and feeling overwhelmed by the amount of personal data they process, seeking assistance is advisable. TrueVault Polaris is a GDPR compliance solution designed to help businesses at a fraction of the cost compared to hiring lawyers or
Source: https://www.truevault.com/learn/gdpr/what-is-personal-data
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What is GDPR Personal Data: All You Need to Know - Securiti
The General Data Protection Regulation (GDPR) is a comprehensive data privacy law that has served as a blueprint for various privacy regulations worldwide since its enforcement in 2018. The GDPR requires organizations to handle users' personal data with greater care, imposing certain obligations on how the data should be collected, processed, retained, or transferred outside the EU.
Under the GDPR, personal data is defined as any information relating to an identified or identifiable natural person, directly or indirectly. This broad definition encompasses various data elements, and even if some data elements on their own may not identify an individual, when combined with additional data, they can be used to identify someone.
To determine whether information qualifies as personal data, certain criteria have been established. If the data relates to a specific individual, is used to identify them, or there is a possibility of re-identification after deidentification, it should be considered personal data.
Examples of personal data include name, location, online identifiers, and various physical, physiological, genetic, mental, economic, cultural, or social identity factors.
Sensitive personal data, also known as special categories of personal data, requires even higher protection. Article 9 of the GDPR refers to sensitive personal data, which includes information such as race, ethnicity, health data, religious beliefs, etc. Processing such data is strictly prohibited unless explicit consent is obtained from the data subjects or falls within specific exceptions outlined in the GDPR.
Anonymized data, which no longer relates to or identifies a data subject, is not considered personal data under the GDPR. Various factors, both objective and contextual, must be considered to determine whether data has undergone true anonymization.
The GDPR imposes several requirements on organizations regarding personal data protection, aiming to ensure robust mechanisms and practices are in place to safeguard the collected data. Some essential requirements include obtaining consent, implementing data protection measures, providing data subjects with rights, and reporting data breaches promptly.
Securiti, a leader in unified data controls cloud, offers a way to discover and protect personal data effectively. It enables organizations to have better visibility and control over their data across all clouds, assisting them in complying with GDPR requirements and ensuring data security.
In conclusion, the GDPR is a significant data privacy law that has influenced privacy regulations globally. It defines personal data broadly and mandates strict requirements for its protection. Organizations must take these obligations seriously and implement adequate measures to safeguard personal data. Securiti provides a solution to help organizations comply with GDPR and protect their collected data effectively.
Source: https://securiti.ai/blog/gdpr-personal-data/
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What is Personal Data Under GDPR - Definitions and Examples
GDPR, or the General Data Protection Regulation, is a regulation aimed at enhancing the protection of personal data within the European Union. This regulation came into effect on 25th May 2018. It is an extensive document, spanning 88 pages, containing official rules and guidelines.
In the context of GDPR, personal data is defined in Article 4 (1) as any information that pertains to an identified or identifiable natural person, also known as the data subject. An identifiable natural person is someone who can be directly or indirectly identified using identifiers like name, identification number, location data, online identifier, or factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity. Essentially, any data that can be used to identify a specific living individual falls under the scope of personal data. This can include obvious identifiers such as a person's name, but it can also involve seemingly harmless details like age, height, weight, occupation, company, or city. When combined, even innocuous data points can lead to a person's identification.
Within GDPR, there are special categories of personal data, often referred to as sensitive data. These categories require additional protection and should not be collected without explicit consent or a valid reason. Sensitive data can include information related to a person's racial or ethnic origin, political opinions, religious beliefs, health, biometric data, sexual orientation, and more. Organizations must be especially careful when handling these types of data to comply with GDPR requirements.
Locating personal data within an organization can be a challenging task. Personal data can be found in various databases and systems throughout the entire organization. Even something as seemingly insignificant as a login can constitute personal data. Therefore, it is essential to thoroughly examine all databases and data storage locations to ensure compliance with GDPR regulations.
If an organization wants to narrow down its search for personal data, there are specific databases to focus on. Unfortunately, ensuring GDPR compliance, even when narrowing the scope to databases, is not a straightforward task. It requires a thorough understanding of the regulation and a detailed assessment of data handling practices.
In conclusion, GDPR is a crucial regulation that seeks to safeguard personal data within the European Union. Personal data, as defined by GDPR, includes any information that can be used to identify a specific living individual. Sensitive data deserves special protection and should not be collected without explicit consent or valid reasons. Organizations must be diligent in their efforts to locate and secure personal data to ensure GDPR compliance. Achieving compliance may be challenging, but it is a vital responsibility for organizations handling personal data in any capacity.
Source: https://dataedo.com/blog/what-is-personal-data-under-gdpr
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What is the General Data Protection Regulation (GDPR)? - Cloudflare
The General Data Protection Regulation (GDPR) is a comprehensive law that came into effect on May 25, 2018, aiming to regulate the collection, processing, storage, and transfer of personal data. It applies to all organizations, regardless of location, that offer goods or services to individuals in the EU or monitor their behavior within the EU. The GDPR harmonized data protection regulations within the EU and extended its jurisdiction to non-EU organizations processing EU citizens' data.
The GDPR defines personal data broadly, encompassing any information related to an identifiable natural person, including direct and indirect identifiers. This covers obvious personal details like names and addresses, as well as web browsing session identifiers.
For data controllers (entities making decisions on data collection and processing) and data processors (entities processing data on behalf of controllers), the GDPR lays out seven key principles, including lawful and transparent processing, purpose limitation, and data accuracy. The regulation requires specific actions, such as obtaining explicit consent from data subjects and notifying authorities about data breaches.
Data subjects, identified or identifiable individuals, have several rights under the GDPR. These rights include the right to access their personal data, the right to rectify inaccurate data, the right to be forgotten, the right to restrict processing, the right to data portability, and the right to object to processing. Organizations must respect these rights and respond to data subject requests within specified timeframes.
The GDPR imposes significant fines for non-compliance. There are two tiers of fines, each corresponding to different categories of violations. The first tier can result in fines of up to a certain percentage of global annual revenue or a fixed amount. The second tier can lead to fines of up to a higher percentage of annual revenue or a fixed amount. Data subjects also have the right to seek compensation for damages resulting from GDPR violations.
Cloudflare, a company dedicated to building a better Internet, places a strong emphasis on data privacy. They adopt a privacy by design approach when developing their products and have released services to enhance user privacy. For more information, interested parties can find details on Cloudflare's website.
In conclusion, the General Data Protection Regulation (GDPR) is a comprehensive law that establishes rules for handling personal data within the EU and extends its reach to non-EU organizations processing EU citizens' data. It defines personal data broadly and outlines key principles for data controllers and processors. Data subjects are granted various rights under the GDPR, and non-compliance can lead to substantial fines. Companies like Cloudflare prioritize data privacy and implement privacy-focused practices in their products and services.
Source: https://www.cloudflare.com/learning/privacy/what-is-the-gdpr/
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