Read our guide on your right to appeal automated decisions. Indirect identification means you cannot identify an individual through the information you are processing alone, but you may be able to by using other information you hold or information you can reasonably access from another source. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. For instance, Uber tracks all of its drivers so that it can find the nearest available car to assign to an Uber request. The EU’s General Data Protection Regulation (GDPR) tries to strike a balance between being strong enough to give individuals clear and tangible protection while being flexible enough to allow for the legitimate interests of businesses and the public. According to the GDPR, no, it is still considered a type of personal data, despite its encryption. Link that name with an email address and this probably means that an individual can be identified. ... What Categories of Personal Data does the GDPR detail. Recital 1 of the GDPR states that "everyone has the right to the protection of [their] personal data.. Personal data includes an identifier like: Sensitive personal data is also covered in GDPR as special categories of personal data. Many organisations already encrypt personal data so that it can't be used to identify a person without being decrypted. The qualifier “reasonably” is an important one. In this short video, we discuss what the GDPR says, how you can decide whether what you have is personal data, and what it means for your GDPR implementation plans. As part of this balancing act, the GDPR goes to great lengths to define what is and is not personal data. Categories of (sensitive) Personal Data under the GDPR The entire General Data Protection Regulation (GDPR) revolves around the protection of personal data, how personal data can be used and so forth. Privacy Policy. 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’). So it is still subject to the same rules and procedures under the new General Data Protection Regulation. GDPR defines personal data as any information relating to an already identified individual or that can identify an individual either directly or indirectly. However, this data could also be used to monitor whether Uber drivers follow the rules of the road and to measure their productivity rate. We will go over what “personal data” is according to the GDPR. All Rights Reserved. Under the PDPA, personal data means information processed in respect of commercial transactions, from which a data subject can “be identified or is identifiable”. The General Data Protection Regulation (GDPR) comes into force on May 25, 2018, regulating the processing and movement of personal data of any person who resides in the 28 countries of the European Union. This could be the type of content you view and engage with, the devices you use, your language and time zone, and when you visit third-party websites which use Facebook services (even when just hitting the 'like' button). 2) You are sending personal data (or making it accessible) to a receiver to which the GDPR does not apply. Personalised offers and recommendations may well be welcomed by individuals who want a more tailored service. Our guides provide information and advice on your consumer rights to help you navigate those everyday frustrations. While most of these are straightforward, online identifiers are a bit trickier. Data that are used for learning or making decisions about an individual are also personal data. We use cookies to allow us and selected partners to improve your experience and our advertising. If an organization processes data for the sole purpose of identifying someone, then the data a… The GDPR applies to “in-scope” personal data. Personal data related to criminal convictions and offenses are also particularly sensitive and dealt with separately in Article 10 of GDPR. Your email address will not be published. Video, audio, numerical, graphical, and photographic data can all contain personal data. Under the current Data Protection Directive, personal data is information pertaining to. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. Organisations hold personal data for a range of useful reasons necessary to provide a service, not just for marketing. Data Processing Agreement Article 4(12) identifies it as follows: This element is the easiest to define. How can I ask a company to stop processing my personal data? This challenge expands, as user data frequently can span tables (or databases). GDPR extends the definition of personal data … Facebook also collects information on how you use its services. Here it is important to consider the content of the data. This processing of the data should be subject to data protection rules. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). Under the Data Protection Act 1998 data relating to sole traders or partners is considered as personal data, therefore if you process business data which relates to sole traders or partners then it must be treated as personal data and not business data. Consumer Protection from Unfair Trading Regulations 2008, Denied Boarding EU Regulation (Regulation 261/2004 EC), Letter to claim flight delay compensation, Letter to ask for a faulty item to be repaired or replaced, Letter to get a refund if your item is faulty. We will break each one down in the following paragraphs. We have scores of letters to help you. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data … This also enables you to take advantage of applications and services such as price comparison websites, which can use this data to find you a better deal. the processing of your personal data is being carried out by automated means. Article 4 (12) identifies it as follows: ‘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; For example, Netflix uses personal data to recommend films and TV programmes that it thinks you’re likely to enjoy, and Amazon uses your shopping history to suggest similar products you might be interested in. Sensitive Personal Data. Records that contain information that is clearly about a specific individual are considered to be “related to” that individual, such as their medical history or criminal records. Thus, the set of data that are considered controlled under the GDPR are quite a bit broader than initially expected. GDPR’s definition of personal data is much broader than any country’s current or previously existing personal data protection. By using “natural person,” the GDPR is saying data about companies, which are sometimes considered “legal persons,” are not personal data. He joined ProtonVPN to advance the rights of online privacy and freedom. It all depends on the reason for which the organization is processing the data. 05/02/2018. This is one example where the GDPR is clarifying things further. 1. The GDPR defines personal data differently than some other regulations and standards. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. In the U.K., the Data Protection Act of 1998 (DPA) classifies call recording as a form of data processing, as recorded conversations have the potential to capture personal information, including names, addresses, financial details, religious beliefs, and medical records. The General Data Protection Regulation (GDPR) applies to the processing of personal data wholly or partly by automated means as well as to non-automated processing, if it is part of a structured filing system. that provides clear information on your rights offering simple solutions to solve your everyday consumer problems. As you are likely aware by now, personal data in the GDPR definition includes any information that can directly identify a person (called a data subject), such as name, address, age, gender, etc. If they receive an objection to processing personal data for marketing purposes, they must ensure that your personal data is no longer processed for such purposes. This element is very inclusive. The GDPR defines personal data differently than some other regulations and standards. For instance, a name by itself may not be personal data; especially if it’s a very common name. It is defined in the GDPR under Personal Data and Unique Identifiers. Personal data may also include special categories of personal data or criminal conviction and offences data. “In order for processing to be lawful, personal … Under the current Data Protection Directive, personal data includes: Identifiable information such as numbers; Factors specific to a person’s physical, physiological, mental, economic, cultural or social identity; Expanded definitions of personal data under the GDPR. Under the current Data Protection Directive, personal data is information pertaining to. You can understand more and change your cookies preferences here. genetic data relating to the inherited or acquired genetic characteristics which give unique information about a person’s physiology or the health of that natural person, biometric data for the purpose of uniquely identifying a natural person, including facial images and fingerprints, data concerning health which reveals information about your health status, including both physical and mental health and the provision of health care services, obtained only for one or more specified and lawful purposes, and not further processed in any manner incompatible with that purpose or those purposes, processed in accordance with the rights of data subjects under the Data Protection Act 2018. secure (for example using appropriate technical or organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data). other identifiers such as radio frequency identification (RFID) tags. But there’s another type of personal data, called ‘special category’ data (sometimes called ‘sensitive’ personal data), in relation to which extra care must be taken. I had a flight delay, can I get compensation? Fortunately, the GDPR provides several examples in Recital 30 that include: These identifiers refer to information that is related to an individual’s tools, applications, or devices, like their computer or smartphone. The types of data considered personal under the existing legislation include name, address, and photos. Our regulation pages help you arm yourself with knowledge of your consumer rights so you know what you’re entitled to when things go wrong. What is sensitive data under the GDPR? At its most basic form, whenever you differentiate one individual from others, you are identifying that individual. one’s racial or ethnic makeup; political stances Information that is inaccurately attributed to a specific individual, be it factually incorrect or information that in reality is related to another individual, is still considered personal data as it relates to that specific individual. The europa.eu webpage concerning GDPR can be found here. When organisations seek to protect their user’s data, it is necessary that they understand the data they need to safeguard. Since I keep on hearing from people who should know better that it’s not, I have good reason to take up this subject again and get into more details. Please take our survey so we can improve our website for you and others like you. Many retailers also use profiling to market directly to you using emails, texts and messages. Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of … However, a name is not always necessary. GDPR compliance is easier with encrypted email. If the data you've provided is digitally processed, you’ll have the right to request that data in a machine-readable format and the right to have that transmitted to another data controller. Information that, when processed, could have an impact on an individual, even if that was not your primary aim, is also considered to be personal data. Any data that relate to an identifiable individual is personal data. Your feedback is vital in helping us improve this site. As a senior editor at Latterly magazine, he covered international human rights stories. In the previous example, by knowing his name and location, you were able to directly identify Robert. how to stop companies from using your personal data, Faulty product? 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