GDPR also brought in new definitions of personal data, consent types, accountability standards, and the roles involved in decision making, interpreting, and processing the data. The GDPR is expected to replace the existing Data Protection Directive on May 25, 2018. Basically, data is defined as personal if an individual could reasonably be identified from it. A data subject is the individual to whom the personal data relates. The General Data Protection Regulation (GDPR), which comes into force of 25 May 2018, is intended to give EU citizens more control over the personal data about them that is held by businesses and organisations. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. Getting consent. In fact, consent is only one of six lawful grounds for processing personal data, and the strict rules regarding lawful consent requests mean it’s generally the least preferable option.. Personal data. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. ), the GDPR’s addition of biometric and genetic data to the sensitive personal data category may blur the boundary between specially protected information and regularly protected personal data. The GDPR now explicitly mentions, and even defines, pseudonymisation, namely the processing of personal data so they can no longer be attributed to a specific data subject without the use of additional information (provided certain measures are in place to prevent re-identification). This definition is critical because EU data protection law only applies to personal data. The GDPR definition of personal data is broad—and the rights it codifies are wide-ranging—while the number of affected companies is deceptively large. The term “personal data” is defined in the text of the GDPR’s Article 4, Definitions, but the definition which is given is very broad and intentionally vague. 4(1) GDPR as: “Any information relating to an identified or identifiable physical person (‘data subject’) (i.e. 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). The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. Also, there may be a purpose associated with that original purpose which requires you to hold on to the data for longer. Personal data, in the context of GDPR, covers a much wider range of information than personally identifiable information (PII), commonly used in North America.In other words, while all PII is considered personal data, not all personal data is PII. Coding is commonly used in health research and can, in some cases, act as a pseudonymisation technique. Traditionally, personal data has been thought of as information such as a name and address. When organisations seek to protect their user’s data, it is necessary that they understand the data they need to safeguard. Personal data includes an identifier like: your name GDPR requires you to take all appropriate measures and steps to protect personal data, and although by itself pseudonymization is not sufficient method, it allows businesses to protect data, separating the direct identifiers from the data, while the data utility remains the same. GDPR is meant to simplify what had once been a country-by-country patchwork approach to handling personal data. Die Allgemeine Datenschutz-Verordnung (General Data Protection Regulation GDPR) ist der neue rechtliche Rahmen der Europäischen Union, der festlegt, wie personenbezogene Daten gesammelt und verarbeitet werden dürfen. While these are somewhat straightforward examples using easily identifiable sensitive personal information (race, political beliefs, etc. Data processors, i.e., companies that perform data processing for other companies, are also under the scope of the GDPR, which makes them just as accountable as the businesses that utilize or commercialize the personal information of EU citizens. “Personal data”, according to the legal definition of the GDPR legislation, is any information about an identified or identifiable person, known as a data subject. The GDPR replaces the previous data protection law and includes a number of revised definitions as well as introducing new concepts and terminology. Die offizielle Definition der GDPR von “data subject” / „betroffene Person“ finden Sie in Artikel 4.1 der GDPR. Personal data breach is defined in Art. GDPR does not just apply to businesses that are located within the EU, it applies to any business that processes the personal data of EU citizens. This means that groups must be careful with almost any data that they collect or process. In the GDPR definition, 'storage' of personal data is recognised as a way of 'processing'. It all depends on the reasons/purpose you collected the personal data in the first place. Examples of personal data include a person’s name, phone number, bank details and medical history. Given the vast nature of personal data, one of the main reasons for the introduction of the GDPR is to more clearly define what should be classed as identifiable information and codify this into law. The deadline for full compliance is May 25, 2018. Time periods could range from five minutes to five years and beyond. Simplified it is the data relating to a psychical person who with this data can be identified directly or indirectly. Die GDPR wird am 25. Recital 30 says that there are some online identifiers provided by devices, applications, tools, and protocols that leave traces which, when combined with unique identifiers and other information, may be used to identify natural persons. Information that does not fall within the definition of "personal data" is not subject to EU data protection law. Article 4 - Definitions - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 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’). The GDPR definition of personal data includes all the information related to a person that can be used to directly or indirectly identify them. The term “data subject” is a way to refer stored personal data back to its corresponding person. The GDPR: Impact: Personal data. 4 (12) GDPR: “Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.” Mai 2018 in Kraft treten. Expanded definitions of personal data under the GDPR. There are a few challenges that keep the definition of personal data under GDPR from being cut-and-dry, including: Data from Devices. But, the definition of personal data under the GDPR is a lot more wide ranging than that. Mit anderen Worten ist eine betroffene Person ein Endnutzer, dessen personenbezogene Daten gesammelt werden können. Personal data includes any information that can be used, alone or in combination with other information, to identify someone. GDPR - Glossary of terms and definitions. genetic data, biometric data processed solely to identify a human being; health-related data; data concerning a person’s sex life or sexual orientation. Definition To define personal data, account must be taken of all the means available to the “data controller” to determine whether a person is identifiable. References. A common misconception about the GDPR is that all organisations need to seek consent to process personal data. Definition under the GDPR: data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation. The GDPR’s definition of personal data is also much broader than under the DPA 1998. Article 4 defines personal data as “any information relating to an identified or identifiable natural person (‘data subject’)”. However, that's far from the full scope of what the GDPR considers a 'personal data breach'. Helpful definitions for GDPR terms used in this document: Data Controller (Controller): A legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Article 4(13), (14) and (15) and Article 9 and Recitals (51) to (56) of the GDPR Personal data are any anonymous data that can be double checked to identify a specific individual (e.g. The GDPR mandates that EU visitors be given a number of data disclosures. The General Data Protection Regulation (GDPR) is a regulation that sets rules related to the protection of personal data, with regard to the processing of personal data and the free movement of personal data by automated means.. The goal of the GDPR, writ large, is to manage the use of data by third parties, and to protect the privacy and rights of individuals who may have their personal data held in third-party reserves. As an example, any cloud provider to whom a company outsourced storage, is also affected by the regulation. The GDPR definition of personal data is stated in Art. Article 34(3a) - Definitions GDPR. However, the GDPR does apply to personal data relating to individuals acting as sole traders, employees, partners, and company directors wherever they are individually identifiable and the information relates to them as an individual rather than as the representative of a legal person. Under the GDPR, personal data is data that relates to or can identify a living person, either by itself or together with other available information. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 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