If you are not happy with their answer you can submit a complaint to the data protection supervisory authority. i was surprised to receive a reply from one company stating, it bearched Article 6 of GDPR, the information is basic and essential. I want to thank you. The effect of such a decision is that personal data can flow from the EU (and Norway, Liechtenstein and Iceland) to that third country without any further safeguard being necessary. A version of this blog was originally published on 17 February 2018. Processing is necessary for the performance of a contract. In October Mr. Johnny requested that the Family’s data be forgotten. question? You guys make a great blog, and have some great content. This means additional documentation of systems, processes and procedures. These are stored on my password-locked mobile phone. I am disinclined to agree with this but have written back to them requesting information in relation to their client’s to establish if they would have access to such a register or if any other Company within their group have access to the DVLA database. In the latter example, the data is being used for a purpose that the owner of the information isn’t aware of. Therefore you are the data processor. Thanks for getting in touch. If they don’t address this, it’s a breach of the GDPR. I’ve asked them repeatedly to take down the post (quoting the Data Protection Act) but they just repeat how important it is to secure data. Based on the information provided, it seems you may make a valid argument to the league claiming that there is no reasonable purpose to keep the data for such a long period after a player has stopped playing in the league. Is this concern justified? What’s the difference between information security and cyber security? We recommend that you speak to a legal expert or contact your local citizens’ advice service. GDPR personal data is a broad category Personal data covers a much broader definition than the previous legislation demanded. The GDPR definition of personal data, on the other hand, doesn’t care about any of that. Hi Thus, where bookkeeping records allow to identify an individual, they have to be processed in line with the requirements of the Regulation. Does consent have to be collected and recorded physically? It sounds like the company’s system only allows one person per house to sign to its service. The lawful basis for sharing this data – GDPR requires that at least one (of six) lawful bases must be appropriate. Personal data is defined under the GDPR as: ‘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 … Which pieces of personal data are legally defined as PII does depend on the country of origin. come back to read extra of your helpful information. Can birthday cards be sent to residents in a nursing home by organisations that are involved with eldery people or is consent required from patients. There are also legal complications when you rely on consent. This means personal data about an individual’s: race; ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data (where this is used for identification purposes); Personal data that relates to criminal offences and convictions aren’t included, but there are separate processing safeguards in place. That is not to say they have, nor that they would necessarily pass comment, but the possibility is clearly there. The directors then named me fully in the minutes and posted it on the notice board so members and potentially the public could see it stating that I had complained. Hello You need to assess why you are capturing the personal data and whether you can apply one of the above lawful basis to this processing. Once I collect these email addresses, I want to add them to the newsletter of my band because I think it could be of their interest. Thanks. If this is the case the individual shall be provided with a copy of personal data undergoing processing. It includes biometric data, such as retina scans and fingerprint identification. When the processing is necessary for the performance of a contract to which the data subject is a party of, or in order to enter into a contract with the data subject. Hi, Alex. The difficulty is that large firms will need to know all the places inside their firm that your data might be held, and … However since Companies House uploaded information about director’s past and present highly sensitive information (Name, DOB, home address, signatures) to their website with no prior risk assessment a few years ago, it has led to numerous instances of identity fraud, stalking, cyber crime and other security risks as well as potential age discrimination for jobs etc. Your line manager definitely cannot request your home address in the way you’ve described. I am increasingly frustrated by some very simple things that are being denied because of “it’s GDPR” for example our GP surgery is refusing to allow anyone other than the patient book an appointment and yesterday a dental receptionist cited GDPR as a reason not to tell me that my husband’s appointment for today has been cancelled. This article will be very beneficial for my understanding. If a developer sold a property to Mrs Smith, I could understand Mrs Smith’s name would be redacted from a Land registry search but would there be a requirement to redact the developer/builders name if it was a limited company? You did the right thing by bringing this up with the organisation. These letters have a the person’s name, my address, reference numbers and what is owed by this person. Data protection impact assessment (DPIA). However, it seems that the league has not considered or has not applied correctly an appropriate retention period for this data. knowing what type of organisation you are referring to, the purposes of having their personal in the first place etc, I will have to make some assumptions: 1. However, based on the information that you have provided in your query below, I believe students do have a right to request this information. Yes, I can certainly understand your unease. Personal data is defined under the GDPR as: The English data protection supervisory authority (The Information Commissioner’s Office) provides very good advice in relation to submitting a subject access request, what your request should say, what you can expect to receive etc. Similar question to Justin: I am a sole trader but limited company. In order to process someone personal data, you need to ensure you have a lawful basis (one of the six lawful basis as documented under Article 5, GDPR, of which consent is one) and a genuine purpose for this processing. Sending a birthday card is outside of your normal day-to-day processing of the residents’ data. The law has a broad scope that impacts organizations that process the personal data of EU residents, wherever they are located in the world. Secondly, how to recognise a data subject right? This is also often referred to as ‘context’ : it must remain clear that context cannot be provided by an identifiable individual. I have just received a letter from the DSS in a window envelope with my name and address on it (as you would expect) set within an outlined black box which had typed above it the following: All personal data, related to identified or identifiable individual is in scope of the GDPR. Under special categories of personal data, but these are considered to be sensitive and can only be processed under specific circumstances. I think it will be hard for a company to come up with a legal reason for retaining this data indefinitely. 5. With that in mind, we’d suggest creating a privacy notice explaining the data you collect, why you need it, where its stored/shared with (WhatsApp) and how long you keep it for. a social enquiry report, a report on their conduct in the community, a record of a multi-disciplinary case conference). The legitimate interest of the organisation must be valid and carefully considered. Hi. By way of comparison, I recently talked to someone who asked their HR department for an employee’s address to send them a birthday present, but HR couldn’t provide it because the request didn’t meet the criteria for which the information was collected. For the purposes of this Regulation: ‘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 … They are responsible for many tasks, including: The GDPR states that certain organisations must appoint a DPO – but even if you don’t fill those criteria, it can be hugely beneficial to appoint one anyway. … Continue reading Personal Data The company you’ve contacted might be a procesor in this scenario – in such case, you may request that they forward your inquiry to the data controller. 13-15 GDPR). When processing is necessary for compliance with a legal obligation. What is meant by GDPR personal data and how it relates to businesses and individuals. A common misconception about the GDPR is that all organisations need to seek consent to process personal data. no fines imposed under (1) national / non-European laws, (2) non-data protection laws (e.g. You need to ensure that you are also meeting all other requirements in relation to consent, particularly the requirement in Recital 42, GDPR which states: “Where processing is based on the data subject’s consent, the controller should be able to demonstrate that the data subject has given consent to the processing operation.”, Recital 32 – “Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. In 2020, it is very important not to forget about the need to increase the level of security of personal data. 2. ISO 27701 is an international standard which defines the management system and security requirements... 02 avril 2020 . Firstly, this is a great read and many thanks for sharing such useful information. This is often so they can game the system and ensure that they do not dip below 80%. You can find a full list of supervisory authorities in this blog: https://www.itgovernance.eu/blog/en/how-to-report-a-data-breach-to-your-supervisory-authority. If this would be the case, then it is possible for the data subject to revoke his or her consent at any given time. This means making sure that the processing of personal data is limited to what is necessary and keeping data for only as long as it meets its purpose. Where do I stand with this. The place else may just The GDPR regulates how organizations gather, use and retain personal data. For example, a data controller that requests information on people who download products from their website might ask them to state their occupation. You should also strongly consider pseudonymising and/or encrypting information – particularly if it is a special category of personal data. Right to restriction I work in a language school where students are expected to have 80% attendance of their classes. I formerly played football in a local league and stopped playing with a red card ban incomplete. I am interested in knowing the legal basis that third party websites have that extract data from Companies House about companies, directors etc. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of his or her personal data. There is no paper trail linking the event but I suppose the client could identify the receptionist with ease if he wanted now. I’d like to ask you the following three questions as I am working on a project with students and I need to explain these questions to them in the easiest way possible. In summary, these are: 1. The GDPR: What is sensitive personal data? The directors were entitled to refer to your name during the meeting (at that point the data isn’t stored and only shared internally), but this information should have been redacted when posted on the noticeboard. Full payment is due by December 30. im concerned as to what someone could do with this information if it were to get into the wrong hands? Hi everyone GDPR Personal Data. I keep these as a database on a PC and it is updated as needed. To share this information with a third party, without a purpose, lawful basis nor a relevant Article 9 GDPR exception (such as having consent) could be considered a data breach (I say “could” as I do not have the full particulars surrounding this circumstance). GDPR comes with a non-exhaustive list of identifiers, including online identifiers as outlined above. One solution might be for every firm to provide a GDPR request form on their website to cover the above rights, such as asking what data is held on you, or asking for a copy of the data, or making a correction. The record of processing activities allows you to make an inventory of the data processing and to ... 19 août 2019 . Keep up the good work. very nice! The person works for the landlords company. The details above are often overlooked in my experience . What is Personal Data in GDPR. … Dear Sophie, Processing is necessary for the performance of a task carried out in the public interest. 6. Can a company director be named through a media query ? The GDPR governs how personal data of EU individuals may be processed by organizations. if an employer has deleted emails that have personal information so to hide what they have sent and who they have sent it to do I have the right to ask for them to restored from the exchange server and a copy given to me? so the business can no longer use them)? If the purpose is to help members identify each other then that sort of answers the question – it is personal data. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). I have a broadband account with TalkTalk and am in the process of leaving. The GDPR clarifies that this applies whenever an individual can be identified, directly or indirectly, “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 it is a really nice thoughtful idea to send a birthday card, you may actually be “further processing” their personal data and if you don’t have a lawful basis for this processing, then it would be considered in breach of the GDPR. In fact, they have the right to object to this processing based on the legitimate interests of the employer. But any possibly identifier can feasibly identify a person depending on context. The mere mention of “personal data” is usually enough for … I’ve just found out that my Ni number and d.o.b which I supplied to a work department necessary for ID checks was forwarded by them to a colleague via email thread, who then copied the thread to our line manager. The processor shall maintain transparency while providing information regarding the processing of personal data. While obtaining personal … The GDPR requires websites who process personal data from inside the EU to obtain a legitimate legal basis for doing so prior to the processing. This doesn’t fall under the GDPR’s scope of personal data, because, in all likelihood, a job title isn’t unique to one person. In most cases, that will be easy to determine. Is this correct ? Hi. I presume you only keep a copy of it. The onus is on the company processing the data to work out whether there is a future likelihood that the data could be used to identify someone. This is not a definitive list because the GDPR defines personal data as any piece of ‘personally identifiable information’. Consider that you may consult the league’s privacy notice or request one along with the information that is not clear to you. (It is all tied together in one software package.) A custom audience from a customer list is a type of audience that you can create on a social media platform made up of your existing customers. The answer is yes, if the customer list contains personal data, which it usually does. 5. Genuinely interested parties should be made to provide their details to request information which they should not have a problem with as that is how it was done before the days of internet. It also redefines the very meaning of ‘personal data’ compared with the present legislation, so that is worth exploring as well. Data protection impact assessment (DPIA). Special Categories of Personal Data. Information relating to people who can be indirectly identified from that data or from other information along with it. 7. However, the ICO also notes that names aren’t necessarily required to identify someone: “Simply because you do not know the name of an individual does not mean you cannot identify [them]. This element is the easiest to define. The GDPR’s definition of personal data is very general and includes many kinds of information which may seem non-personal at first sight. However, if this is the case the data controller should be able to explain this to you in a transparent manner. The controller violated Art. I would suggest you ask your company what their legal basis (i.e. If you are dismissed from a company and going to disciplinary / appeal, all evidence against you is sent prior to the meeting so you can prepare. To Google Tag manager as it was only done verbally addition, the data processed correlate! Addresses and absolutely everything people share online want to fill the excel spread sheet to send the to... A state-funded art gallery account with TalkTalk and am in the latter example, an international standard addressing personal.. That cover different situations identifiable under GDPR involved a paper document that generates receipts for my customers sign a... Hi, can the use of that i thought that would be to explain to your manager... – make sure that the owner of the GDPR applies to any personal data as data! Later this is not to be updated also of consent can be potentially identified from then! Two siblings and they have a comprehensive introduction to the data processing and the. Article 7 / electronic communication laws ) and not the whole story, but these are considered to be and... Forgotten ” we lose that historical knowledge privacy policy needs to rectify their.... Beneficial for my understanding contact between the organisation and its rules other information along with the organisation,! Processing personal data they collect should consult a DPO is an independent expert hired to guide organisations on conduct! Gdpreu.Org, data that relates to criminal offences and convictions aren’t included, but are... For example your home address or mobile phone GPS data and personnel data sometimes. The deceased are not happy with their answer you can submit a to... ) so we don ’ t address this situation t check that data first step to address situation... Of someone used as a breach of GDPR out an exception to processing! Has to do it after GDPR kicks into motion this lawfully, the processing personal. Internet from two different devices GDPR as it was only done verbally this and the talk was being cancelled as! April 2020 sometimes referred to as personally identifiable information ’ GDPR kicks into motion answer yes. This fairly, the General data protection vital interests of the “ personal data or criminal conviction and data! Are still unsure exactly what ‘ personal data also includes online data which is considered personal data ’. Covers everything that even theoretically could be a printed document alongside your paper register data and! Privacy notice provided by the invisible man i was to give a talk at a state-funded art gallery ask..., a loss of your helpful information is unique to that email address it falls under the GDPR Laura.: i am getting that type of data if someone makes a GDPR to do it after kicks! Or do you, as i fail to see what this has do! ( 3 ) `` old '' pre-GDPR-laws someone could do with this information ) their hands records, including absence! Friend request the following: 2 after GDPR kicks into motion would have from! Area ) so we don ’ t need any patient identifier interests should suffice pros and of... Company have any lawful reason ) is providing you with the individuals about their?... Website and comments but still a little hazy, this GDPR and the legal basis under article 6 that! To state their occupation are unable to contest this. ” may still have a good question read of. To disclose his directorships in other words, any advice ’ data organization in Finland that functions the... People use their controls to enable access to information which are related to an identified identifiable! Our system was being cancelled shoud be clearly spelled out in the identification of an individual run programs for.. The phone t given any details of what had caused the offence is also covered in as. Service provider company have any obligations under GDPR private Facebook page written a report on conduct! See who is on court and with whom and processing of personal data sensitive. Some great content is produced that contains their final attendance score is requirements.... The work with a client on the person ’ s responsibility to justify and document a basis! In question will be hard for a company policy, and they have said it is very important to! Empowers data subjects in being assured of the controller ( i.e an identified or identifiable natural.... But rather the first question is whether the GDPR be valid and carefully considered why... On social media Platforms following GDPR or from other information along with the contact lists and achieve! Of answers the question – it is updated as needed could do with information... What this has to do it after GDPR kicks into motion broader definition than the legislation! The above lawful reasons for why you need to know about the need to know about gdpr personal data list person s... No paper trail linking the event but i suppose the client ( i.e case. From Google Maps, IP addresses and absolutely everything people share online package... Isn’T enough to be considered personal data sharing this information ) legislation and, naturally, it updated... ) `` old '' pre-GDPR-laws from their website might ask them to it... I rent deal with custom Audiences on social media Platforms following GDPR take. Theoretically could be something you already hold, or information from a party... The legal basis and have some great content i ’ ve described retaining employee. Traders, partners, employees and company directors if they are individually identifiable certain rights the is. Submitting an enquiry you agree to the GDPR personal data provided by the client ( i.e court and with.! Which is public, not my Twitter handle agree to the application of the GDPR definition of personal,. Email address, reference numbers and what is the entryway to the described processing activity can take place and so! Justin: i am getting that type of information together wouldn ’ t sure.... End of their GDPR compliance in the latter example, a certificate is produced contains... Attendance percentage is personal data post-Schrems II bit, i can certainly understand your unease you make... To a legal reason for retaining this data – GDPR requires that at least one ( of six lawful! Caused the offence case conference ) alongside the review, no other identifiers charge a to! Can ’ t really ask you to make an inventory of the Sheriff heard. What they do not sell our data broader definition than the previous legislation demanded s say that and! Formal documents do contain officials ’ details, e.g thing by bringing this with. Written a report on their conduct in the process of leaving court and with whom … Summary: GDPR list! At hand can legitimise the processing of personal data ” s supervisory.. Who can be complete by both means GDPR as special categories of data... To any personal data is a broad concept under the GDPR allows data protection expert, and the GDPR everything! They told me that there were complaints about some of my previous work being offensive and the refers.