Personal data are any information which are related to an identified or identifiable natural person. Since the definition includes “any information,” one must assume that the term “personal data” should be as broadly interpreted as possible. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). There’s no definitive list of what is or isn’t personal data, so it all comes down to correctly interpreting the GDPR’s definition: A piece of information that does not qualify as personal data for one organization could become personal data if a different organization came into possession of it based on the impact this data could have on the individual. The term is defined in Art. The most common identifier is a name. It could be a combination of other pieces of data that act as the identifier. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The difference between personal data and sensitive personal data is that processing sensitive personal data requires additional protection granted by the GDPR, since processing those types of data can involve severe and unacceptable risks for fundamental human rights and freedoms. A social security number 3. The GDPR mandates that EU visitors be given a number of data disclosures. GDPR comes with a non-exhaustive list of identifiers, including online identifiers as outlined above. If you’re a self-employed trainer with their own business then it will be your responsibility to comply the following. (, European Commission ► What personal data is considered sensitive? The GDPR covers the processing of personal data in two ways: personal data processed wholly or partly by automated means (that is, information in electronic form); and personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (that is, manual information in a filing system). European Data Protection Supervisor ► Security Measures for Personal Data Processing (, Data Protection Authority Isle of Man ► Know your data – Mapping the 5 W’s (, Data Protection Authority UK ► Key definitions (, European Commission ► What is personal data? The General Data Protection Regulation does not state specific technical measures on how to safely send personal data via email. In practice, these also include all data which are or can be assigned to a person in any kind of way. It all depends on the reason for which the organization is processing the data. This is also suggested in case law of the European Court of Justice, which also considers less explicit information, such as recordings of work times which include information about the time when an employee begins and ends his work day, as well as breaks or times which do not fall in work time, as personal data. According to the GDPR, data protection is a basic human right. You need to assess how the data you are processing could feasibly be used by another to identify a person. It includes biometric data, such as retina scans and fingerprint identification. When organisations seek to protect their user’s data, it is necessary that they understand the data they need to safeguard. GDPR – Processing Personal Data. The data subjects are identifiable if they can be directly or indirectly identified, especially by reference to an identifier such as a name, an identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons. The first question is whether the GDPR applies to customer data. Consider the extremely broad reach of that definition. Right to rectification. 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. 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. If an organization processes data for the sole purpose of identifying someone, then the data a… Which pieces of personal data are legally defined as PII does depend on the country of origin. Pseudonymous data must come under personal data for companies auditing their websites and information. GDPR personal data – what information does this cover? These other pieces of information could be something you already hold, or information from a separate source. If the controller has the legal option to oblige the provider to hand over additional information which enable him to identify the user behind the IP address, this is also personal data. The General Data Protection Regulation (GDPR) introduces new rules for organizations that offer goods and services to people in the European Union (EU), or that collect and analyze data for EU residents no matter where you or your enterprise are located. Personal data is sometimes referred to as personally identifiable information (PII) and is evolving as fast as technology is changing. Under GDPR, personal data means any information that could feasibly be used to identify a person. Sometimes, there is a very slight chance that it would be possible to put the data together to identify an individual. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). The GDPR explicitly specifies that erasure or rectification of inaccurate personal data is to be processed without delay; this is implied within the 1998 Data Protection Act. It also covers location data from Google Maps, IP addresses and absolutely everything people share online. 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. 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. You don’t need to have a name to identify a person. Someone's email address 2. It must be explained to the user/customer/client why that data has been collected and what it is going to be used for 3 – Data collected must be relevant to a specific task, in ot… During the transition period, personal data is able to flow freely (subject to GDPR compliance), without additional restrictions, between the EU/EEA and the UK. But organizations don’t always have to do it…. Also known as the right to erasure, the GDPR gives individuals the right to ask organizations to delete their personal data. Under special categories of personal data, but these are considered to be sensitive and can only be processed under specific circumstances. The deadline for full compliance is May 25, 2018. We are a consulting company specialised in the fields of data protection, IT security and IT forensics. Also, written answers from a candidate during a test and any remarks from the examiner regarding these answers are “personal data” if the candidate can be theoretically identified. For natural persons, on the other hand, protection begins and is extinguished with legal capacity. One of the goals when writing the GDPR was to make it more or less timeless: updates to the regulation and the law should not be necessary each 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). If encrypted data is regarded as personal data under the GDPR, thus subjecting any businesses that process the data to regulation and potential liability, it will hamper both the growth of the digital economy and the motivation for companies to encrypt their data. Personal data is at the heart of the General Data Protection Regulation (GDPR). February 09 10:32 2018 by GDPR Associates Print This Article. The GDPR is only one of the six lawful bases for processing personal data provided by the GDPR. Information must relate to the person to be considered personal data, which means it’s not just about identifying who they are. The GDPR requires that consideration be given to how the data are being used to make decisions about specific individuals. But any possibly identifier can feasibly identify a person depending on context. By now, most people in business have heard of the European Union’s General Data Protection Regulation (GDPR). In other words, data protection does not apply to information about legal entities such as corporations, foundations and institutions. The “data protection by design” that’s spelled out … They are summarized by the Information Commissioner's Office (the UK's Data Protection Authority): Generally speaking, you shouldn't ask for consent if: You're carrying out a core service (use contract instead). Per the GDPR, personal data is any information relating to an identified or identifiable individual; meaning, information that could be used, on its own or in conjunction with other data, to identify an individual. While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it also covers political opinions, race, gender and much more. Personal data are any information which are related to an identified or identifiable natural person. The GDPR is about people, process and technology. Personal data may also include special categories of personal data or criminal conviction and offences data. From the previously listed categories, we can extrapolate two subcategories (sex life and health) that needs to be considered as supersensitive. 4 (1). The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. There are two main types of data under the GDPR: personal data and special category personal data. Examples of personal data include a person’s name, phone number, bank details and medical history. In addition to general personal data, one must consider above all the special categories of personal data (also known as sensitive personal data) which are highly relevant because they are subject to a higher level of protection. Article 5 of GDPR lays out six principles for processing 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.” The other detail that will change with personal data access under GDPR is how long companies have to respond to your request. Personal data breach is defined in Art. Includes information relating to people who can be identified or are in some way identifiable directly from that data. Sometimes a number of identifiers together can identify a person. Personal data covers a much broader definition than the previous legislation demanded. It must concern them in some way. GDPR personal data is a broad category Personal data covers a much broader definition than the previous legislation demanded. This covers a wide range of identifiers that includes but is not restricted to: GDPR refers to processing personal data that: Personal data relating to GDPR does not cover: A person can be identified if they are distinguishable from another individual. The GDPR specifically applies to the processing of “ personal data or data subjects… who are in the EU ”. Personal data. GDPR, a General Data Protection Regulation, is a regulation that aims to improve personal data protection in European Union. Final text of the GDPR including recitals. So, what is “employee data” or “HR data”? Personal data and behavior covered by the GDPR include names, contact information, device details (e.g., IP addresses, location data), biometric information, photographs, and videos, among others. (, A&L Goodbody ► The GDPR: A Guide for Businesses – Definition of Personal & Sensitive Data, Page 8 (, Bird & Bird ► Sensitive data and lawful processing (. If you require help with a Right to be Forgotten request; GDPR implementation; or require GDPR legal advice, please use the form below. Can you identify an individual person just by looking at the data you are processing? GDPR is a regulation that requires businesses to protect the personal data and privacy of EU citizens for transactions that occur within EU member states. These data include genetic, biometric and health data, as well as personal data revealing racial and ethnic origin, political opinions, religious or ideological convictions or trade union membership. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The European General Data Protection Regulation, or GDPR, entered the scene in May of 2018 with the purpose of protecting the personal data of users and reducing the risk of security breaches and mishandling of personal data on the internet. While it includes the obvious personal information such as This includes credit card number, email address, name and date of birth, it also covers political opinions, race, gender and much more. Personal data, according to Article 4 (1), means information that can be used to identify a person. Basically, a person obtains this capacity with his birth, and loses it upon his death. Information relating to people who can be indirectly identified from that data or from other information along with it. Subjective information such as opinions, judgements or estimates can be personal data. GDPR fines are designed to make non-compliance a costly mistake for both large and small businesses. For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data. Today, social media and smartphones are everywhere. There are countless examples, such as: 1. Marketers around the world have been preparing for … There is no requirement that the employee reside or be a citizen of the EU, just that the employee be in the EU. To decide this think about: The data content and whether it’s about the person or what they do. clear that the principle of public access to official documents needs to be taken into account Personal data. Is about people acting as sole traders, partners, employees and company directors if they are individually identifiable. Information about public authorities and companies. It also addresses the transfer of personal data outside the EU and EEA areas. For more information refer to our dedicated page on special categories of personal data. Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of the European Parliament 4 (1). Data must therefore be assignable to identified or identifiable living persons to be considered personal. Last but not least, the law states that the information for a personnel reference must refer to a natural person. At that point, the company will cease further dissemination of the data… Ensuring GDPR compliance can be overwhelming, but it doesn’t have to be with the right partner. This right provides the data subject with the ability to ask for modifications to … By submitting an enquiry you agree to the gdpreu.org, Data held in manual filing systems, such as chronologically ordered personal files. It becomes enforceable from 25 May 2018. An "online identifier" This refers to data that can’t be used on its own to identify a person, but in conjunction with other pieces of personal data it can be used to do so. However, if this is more hypothetical than feasible, this isn’t enough to be formally identifiable under GDPR. The same also applies to IP addresses. The answer is yes, if the customer list contains personal data, which it … This changes the kind of personal information that’s shared by users. Under the GDPR, companies will erase all personal data when asked to do so by the data subject. Under both the Data Protection Act 1998 and the General Data Protection Regulation 2016 (“GDPR”) organisations must ensure there is a lawful basis for processing personal data. General Data Protection Regulation (GDPR). In addition, one must note that personal data need not be objective. Personal data is information that relates to an identified or identifiable person who could be identified, directly or indirectly based on the information. Types of data. Customer data are personal data. What are the GDPR Fines? What is meant by GDPR personal data and how it relates to businesses and individuals. 1 – Personal data must be processed in a lawful, fair and transparent manner 2 – Any data that’s collected must be done so for a specific and stated purpose. However, many people are still unsure exactly what ‘personal data’ refers to. The possible effects on the person from the data processing. Recital 1 of the GDPR states that "everyone has the right to the protection of [their] personal data." Personal data includes an identifier like: GDPR is meant to simplify what had once been a country-by-country patchwork approach to handling personal data. As previously said, according to the GDPR, personal data refers to the most intimate and private sphere of a person. GDPR compliance requirements vary depending on the characteristics of the company. PII can vary from region to region but the GDPR refers to data relating to a person that can be identified from it, either directly or indirectly. 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