The Asian Age

EU set to bring stricter laws to protect data of its citizens

The GDPR outlines a common regulatory framework pertaining to data security, under which all organisati­ons dealing with data of EU citizens are held accountabl­e

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On May 25, 2018, the European Union will formally enforce the European Union General Data Protection Regulation ( EU- GPDR), widely considered by experts to be the most comprehens­ive data pro- tection law to ever be defined. The landmark regul- a tion supersedes the Data Protection Directive and gives EU citizens more power over their private informatio­n.

Data privacy: The GDPR is aimed at enforcing strict policy measures to protect the personal data of EU citizens. Defined as “any informatio­n that can be used directly or indirectly to identify an individual” and “must be protected,” personal data is categorise­d into three major parts: general informatio­n, organisati­onal informatio­n, and special categories of data. The GDPR outlines a common regulatory framework pertaining to data security, under which all organisati­ons collecting, storing, transmitti­ng, or processing personal data of EU citizens are held accountabl­e for the security of personal informatio­n that they handle.

Additional administra­tive fines can also be imposed upon the data processor/ controller by the GDPR supervisor­y authority under two categories. In case an organisati­on is found to be noncomplia­nt with the GDPR regulation­s, it can face a fine of up to ` 10 million or 2 per cent of the annual global turnover, whichever is higher. If an organisati­on is found guilty of infringing the principles of data processing and/ or in violation of the data rights of an EU citizen, it can face a fine of up to ` 20 million or 4 per cent of the annual global turnover, whichever is higher. The key aspects for Indian organisati­ons to be mindful of, to take stock of their GDPR readiness and to identify major gaps that need to be plugged, are:

Data activity and DPOs: One of the first things for businesses to gauge is the scope of their data activity and whether they are, in any capacity, either collecting and/ or processing personal data belonging to EU citizens. They must also analyse whether the data volumes are sufficient­ly high, or the handled informatio­n extensive enough, for them to appoint a DPO as mandated under the GDPR.

Impact assessment: Organisati­ons also need to consider if the kind of personal data handled poses the risk of infringing upon the data rights and freedoms as stipulated by the GDPR. It is also essential to identify what kind of mitigation strategy is in place for responding to such a risk.

Data breach alert: The GDPR makes it mandatory for data controller­s and processors to notify both the data subject and the supervisin­g authority of a potential breach within 72 hours. This requires organisati­ons to have a breach notificati­on setup in place.

Law process, consent: Data subjects have to consent to the collection or processing of any personal data. Organisati­ons, therefore, need to ensure that processes are in place to record documented consent from data subjects prior to handling any personal informatio­n.

Proof of compliance: Under its accountabi­lity principle, the GDPR requires organisati­ons to document their compliance readiness. The proof of compliance needs to be furnished on May 25, when the law comes into force.

Data Controller­s: Any organisati­on which collects personal data, as well as defines how and to what end that informatio­n will be used, is defined as a data controller. Under the GDPR, data controller­s are responsibl­e for conducting DPIAs and risk mitigation in order to identify, analyse, and address potential threats or risks to personal data of EU citizens.

Data Processors: Any organisati­on which processes personal data pertaining to EU citizens in any manner on behalf of a data controller is defined as a data processor. These are required to ensure that data processing only takes place upon written instructio­ns from the controller.

 ?? PHOTO: PIXABAY ??
PHOTO: PIXABAY

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