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The new General Data Protection Regulation (GDPR) is a complex law that is meant to protect the privacy of individuals and give them control over their data. It is important that your organization is prepared for the new regulation and implements the necessary policies and procedures to ensure compliance.
Privacy by design
Privacy by design (PbD) is a technology or concept which is meant to be incorporated into the design of IT systems. In doing so, PbD ensures the security of personal data throughout its lifecycle. Although there are many benefits of incorporating privacy into the design of an IT system, not all companies are capable of doing so.
The European Data Protection Board published guidelines on data protection by design. In addition to providing a general overview of the technology, the EDPB also introduced a series of seven foundational principles. These include the following:
It’s not easy to implement PbD. However, it is worth the effort as it gives users more control over their personal information. And, if done correctly, it may even increase user confidence in an organization’s commitment to privacy.
Moreover, PbD allows for early detection of any potential issues. Lastly, it ensures that any data remains true to its original form. Aside from security, PbD can also improve efficiency.
This is thanks to the fact that, unlike traditional software and hardware, it is integrated into the design of the product. As such, PbD should not impede its full functionality. Therefore, it should be done in the most efficient manner possible.
Ideally, PbD should be incorporated at the start of development. However, this is not always the case.
Data protection by default
Data protection by default is the practice of integrating data protection into business practices. This is done by only processing personal data if it is necessary to achieve a specific purpose. It is also linked to the fundamental data protection principles of minimisation and purpose limitation.
The key to protecting personal data is to implement appropriate policies, procedures and technical measures. These should be implemented early in the process. Ideally, data protection should be a part of the core functions of any system.
For example, in the US, the California Consumer Privacy Act will be replaced by the new CPRA on January 1, 2023. Under the CPRA, businesses that collect personal data will be subject to penalties. Some states will also have their own laws, such as Virginia and Connecticut.
However, while the EDPB guidelines may provide helpful guidance on some issues, they are not legally binding. Nevertheless, they may help organisations to meet UK GDPR requirements.
Companies will be required to consider data protection by design at the planning stage. They should also take technological data protection into account. In some cases, this will require specialist advice.
In addition, organizations should develop strong privacy defaults and user-friendly controls. This includes the ability to identify and exercise rights.
GDPR compliance by design
The GDPR (General Data Protection Regulation) is a new set of laws that protects the privacy and data rights of individuals. It requires businesses to document all the personal data they process and to keep comprehensive records of all processing activities. Keeping this information is crucial to compliance.
To comply with GDPR, firms need to review and update their security data policies. They must appoint a data protection officer (DPO) and partner with companies that are compliant with the regulations.
Businesses also need to know where their data is stored. This includes data that was collected by business entities and information that may be stored by subcontractors.
The regulation defines personal data as any information that can identify an individual. It includes things such as identifiers, links to identifying information, and more.
However, the UK regime does not place specific obligations on developers. Developers must still map out the data that their business and marketing activities use, as well as the data that other parties use to process their marketing messages.
To comply with the new law, businesses must understand how to implement Privacy by Design. In practice, the benefits of a privacy by design strategy go beyond legal compliance.
Besides implementing a robust data protection strategy, organizations should take steps to educate their end users about data privacy. Additionally, companies should appoint an in-house DPO and partner with companies that are compliant with GDPR.