what is considered personal data under gdpr

We all experience frustrating consumer problems at some point in our daily lives. This element is very inclusive. This right exists if you have provided your personal data to the company and: In theory, the right to personal data portability will allow you to move, copy or transfer personal data more easily from one IT environment to another in a safer and more secure way. For example, if a medical dataset contains the patients’ name, hometown, and medical diagnosis, then a record (or “row”) within this dataset is personal data if the patient who this record is about can be re-identified, meaning that anybody who has access to this dataset is able to associate the record with the patient. Information that identifies an individual, even without a name attached to it, may be personal data if you are processing it to learn something about that individual or if your processing of this information will have an impact on that individual. 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. Link that name with an email address and this probably means that an individual can be identified. By adding another data point to the name (in this example, proximity), you have enough information to identify one specific individual. The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. At its most basic form, whenever you differentiate one individual from others, you are identifying that individual. All data will be treated confidentially. Data that are used for learning or making decisions about an individual are also personal data. This can include names, identification numbers, location data, as well as other instances of structured and unstructured data. 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. Personal data related to criminal convictions and offenses are also particularly sensitive and dealt with separately in Article 10 of GDPR. We will go over what “personal data” is according to the GDPR. This article explains the GDPR consent requirements to help you comply. However, many people are still unsure exactly what ‘personal data’ refers to. It clarifies that online identifiers and location data are all personal and must be protected as such. When most people hear 'data breach' they think of USB sticks dropped in taxis or hacked websites. Data Processing Agreement Personal data under GDPR is information by which someone is “identified or identifiable”. 1. However, certain provisions of the GDPR will be relaxed if data is pseudonymised, and some processes could be exempt from compliance rules. 1. Under the PDPA, personal data means information processed in respect of commercial transactions, from which a data subject can “be identified or is identifiable”. 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. Companies might also use your personal information to profile you in a way that many would find useful. Second, video surveillance or security footage whose sole purpose is to be used to identify individuals when and where authorities see fit should be considered as processing data about identifiable persons, even if, in some cases, the individuals recorded cannot be identified. Under the GDPR, you have the right not to be subject to a decision based solely on automated processing if it affects you legally or substantively. There are certain types of data that the General Data Protection Regulation considers to be sensitive personal data and therefore classifies them under the special category of personal data.. What are special categories of personal data? For instance, a name by itself may not be personal data; especially if it’s a very common name. First, a photo of a street in the hands of a photographer is not personal data, while that same photo in the hands of an investigator who is working to identify the individuals and vehicles that were present on that street at that particular time would be considered personal data for the individuals concerned. Both items of information are then considered to be personal data. Examples of personal data include a person’s name, phone number, bank details and medical history. 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. Records that have information that describes an individual’s activities may also qualify, such as a bank statement. For many purposes, you would want companies to continue handling your personal information to perform the tasks you need them to. The term is defined in Art. Had you not known Robert’s name, you could have still identified him through his proximity and some combination of physical factors, like height and hair color. an online identifier, for example your IP or email address. According to the GDPR, no, it is still considered a type of personal data, despite its encryption. If you need further help with GDPR compliance, head over to our GDPR checklist, which can help you determine whether your organization is on the right track. where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed, where the personal data was unlawfully processed, where the basis for processing is that it is in the organisation’s legitimate interests to do so, but you object to the processing and there is no overriding legitimate interest for continuing the processing, the company processes that personal data with your consent or in order to fulfil a contract; and. If special category data are collected, stored, processed, or transmitted data controllers must ensure that additional protections are put in place to ensure that information is appropriately safeguarded. This guide is not an exhaustive list, but it should help you understand some of the concepts for determining whether the data your organization processes is subject to the EU’s GDPR requirements. Find a letter to suit your need by using our letter tool to search by category. There are more factors to consider with indirect identification. It is also not limited to any particular format. 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. 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. 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. Required fields are marked *. There are two main types of data under the GDPR: personal data and special category personal data. Please take our survey so we can improve our website for you and others like you. We will break each one down in the following paragraphs. Personal data includes an identifier like: Sensitive personal data is also covered in GDPR as special categories of personal data. Privacy Policy. Personal data includes an identifier like: 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. 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: The types of data considered personal under the existing legislation include name, address, and photos. Data Processors are subject to several new obligations under the GDPR, which include maintaining measures that allocate adequate levels of security for personal data relative to the potential risk. 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. 4 (1). The General Data Protection Regulation (GDPR) will govern how personal data collected within the European Union (EU) must be treated, but what is the GDPR definition of personal data?This question has been causing confusion for certain organizations but they still must have their systems in place to correctly process and collect data before the law come into force on May 25, 2018. There are millions of Roberts in the world, but when you say the name “Robert,” generally you are trying to get the attention of the person you are facing. Recital 1 of the GDPR states that "everyone has the right to the protection of [their] personal data.. 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. Our guides provide information and advice on your consumer rights to help you navigate those everyday frustrations. one’s racial or ethnic makeup; political stances Link that name with an email address and this probably means that an individual can be identified. Personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (or, written records in a manual filing system). Finally, there are “related factors,” which the GDPR lists as “factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.” These factors are characteristics that are directly related to a specific individual that could help you identify them. The above is by no means an exhaustive list. One easy way to avoid large GDPR fines is to always get permission from your users before using their personal data. GDPR is designed with the intention of protecting personal information for individuals and as such, the term ‘personal data’ is a critical entryway into implementing GDPR. If data are inaccurate to the point that no individual can be identified, then the information is not personal data. Our template letters are designed to take the stress out of complaining. Read our guide on how to stop companies from using your personal data for more information on how to make a request to an organisation to stop processing your data for the purposes of direct marketing. What is sensitive data under the GDPR? You'd think that this data is no longer considered personal, but under GDPR, it is. 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. Personal data is at the heart of the General Data Protection Regulation (GDPR). Data related to the deceased are not considered personal data in most cases under the GDPR. Read our guide on your right to appeal automated decisions. The definition of personal data under GDPR is identical to the definition under the 1995 Data Protection Directive. Under the GDPR, one of the lawful ways to process the personal data of European Union residents is by obtaining the consent of the data subject, and it is the characteristics of this consent that are one of the main new features introduced by the Regulation.. 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). Sensitive Personal Data. Methods of identification that are not present today could be developed in the future, which means that data stored for long durations must be continuously reviewed to make sure it cannot be combined with new technology that would allow for indirect identification. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. Read our dedicated subject access request guide for more information on how to make a subject access request. Types of data. 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; If an organization processes data for the sole purpose of identifying someone, then the data a… 1) The GDPR applies to your processing of the personal data you are transferring. one’s racial or ethnic makeup; political stances This can include names, identification numbers, location data, as well as other instances of structured and unstructured data. Thus, the first step in complying with the regulation is to understand what is meant by the term “personal data.” GDPR governs all personal data that is processed. For guidance on what constitutes personal data, see: GDPR: How the definition of personal data has changed . Personal data. In the GDPR, personal data is defined as any information related to an identified or identifiable natural person. The following personal data are considered as special categories of personal data and are subject to specific processing conditions according to the Art. We use cookies to allow us and selected partners to improve your experience and our advertising. However, this data could also be used to monitor whether Uber drivers follow the rules of the road and to measure their productivity rate. If an organization processes data for the sole purpose of identifying someone, then the data are, by definition, personal data. Under the current Data Protection Directive, personal data is information pertaining to. 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. For example, this could include the best energy provider to switch to, getting a competitive broadband package or finding the best mortgage deals through price comparison websites. 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. Many organisations already encrypt personal data so that it can't be used to identify a person without being decrypted. Both items of information are then considered to be personal data. 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. If you continue to use this site we will assume that you are happy with it. ... What Categories of Personal Data does the GDPR detail. Contrary to popular belief, the EU GDPR (General Data Protection Regulation) does not require businesses to obtain consent from people before using their personal information for business purposes. 10 GDPR - Processing of personal data relating to criminal convictions and offences, Personal data processed wholly or partly by automated means (or, information in electronic form); and. You have the right to make a ‘subject of access request’, which allows you to act on your right to obtain access to your personal data held by a company. In this post, we discuss two fundamental concepts of the upcoming European General Data Protection Regulation (GDPR): personal and sensitive data. This installment of The eData Guide to GDPR analyzes what “personal data” means under the General Data Protection Regulation.. 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. 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’). Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of … 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. When organisations seek to protect their user’s data, it is necessary that they understand the data they need to safeguard. (If you’re not sure whether your organization is subject to the GDPR, read our article about companies outside of Europe.). What is considered “personal data”? GDPR compliance is easier with encrypted email. 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. What is GDPR. The definition of processing appears at Article 4(2) of the GDPR:This definition is Personal Data. 9 of the GDPR: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; According to the GDPR, data protection is a basic human right. The special categories specifically include: Under existing and new data protection rules anyone who processes personal information must make sure that the information is (amongst other things): Organisations and businesses (which also include clubs, societies and charities), both large and small, use your personal data for a range of reasons. 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. 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. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. What is considered “personal data”? This is one example where the GDPR is clarifying things further. Any individual who can be distinguished from others is considered identifiable. “In order for processing to be lawful, personal … Under the GDPR, this data is classified as personal. Personal information is broad under the GDPR and includes any information relating to an identified or identifiable person who can be identified by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. In order to be truly anonymised under the GDPR, you must strip personal data of sufficient elements that mean the individual can no longer be identified. You can understand more and change your cookies preferences here. The europa.eu webpage concerning GDPR can be found here. Table 1. How to spot a fake, fraudulent or scam website. You have a right to have personal data erased and to prevent processing in specific circumstances. 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. The qualifier “reasonably” is an important one. Any information that can lead to either the direct or indirect identification of an individual will likely be considered personal data under the GDPR. No matter how securely data is stored, computer systems can be hacked and decrypted, so encrypted data is still considered personal data. Data processors are required to abide by the instructions of Data Controllers unless these instructions conflict with the GDPR itself. If your organization collects, uses, or stores the personal data of people in the EU, then you must comply with the GDPR’s privacy and security requirements or face large fines. 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. As a senior editor at Latterly magazine, he covered international human rights stories. GDPR governs all personal data that is processed. As I wrote in another post, HR records are considered personal data and covered under the General Data Protection Regulation (GDPR). Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of the European Parliament Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. The GDPR applies to “in-scope” personal data. The protection of personal data is the foundational rationale for the General Data Protection Regulation (GDPR). Consider the extremely broad reach of that definition. The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. the processing of your personal data is being carried out by automated means. However, that's far from the full scope of what the GDPR considers a 'personal data breach'. You can make them for free. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). Sensitive Personal 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. Nothing found in this portal constitutes legal advice. 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. We use cookies to ensure that we give you the best experience on our website. It all depends on the reason for which the organization is processing the data. 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. This processing of the data should be subject to data protection rules. These data points are identifiers. What constitutes a personal data breach under GDPR? Facebook also collects information on how you use its services. With the GDPR enforcement around the corner, businesses that market to or process the information of EU data subjects need to comply with the GDPR’s requirements or face the financial consequences. For instance, Uber tracks all of its drivers so that it can find the nearest available car to assign to an Uber request. how to stop companies from using your personal data, Faulty product? Perhaps personal data At first sight, Table 1 c… 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. This data requires a higher degree of protection due to the nature of the information and because the processing of the information could create “significant risks to the fundamental rights and freedoms” of the data subject. How do I find out which personal data a company has? The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. © 2020 Proton Technologies AG. This is not an official EU Commission or Government resource. Thus, the set of data that are considered controlled under the GDPR are quite a bit broader than initially expected. Your feedback is vital in helping us improve this site. Other retailers might use information on your shopping habits and social interactions to inform direct marketing and suggest other products to you. GDPR defines personal data as any information relating to an already identified individual or that can identify an individual either directly or indirectly. When business to business (B2B) data is personal data. The GDPR defines personal data as the following: The short answer is, yes it is personal data. Video, audio, numerical, graphical, and photographic data can all contain personal data. Your email address will not be published. 1. How to get a refund, repair or replacement. Any data that relate to an identifiable individual is personal data. GDPR personal data is a broad category Personal data covers a much broader definition than the previous legislation demanded. However, the GDPR expands personal data to include otherwise innocuous information, when a pers… 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. However, if you could at any point use any reasonably available means to re-identify the individuals to which the data refers, that data will not have been effectively anonymised but will have merely been pseudonymised. This survey will take approximately 5 minutes to complete. Records about electricity and water usage would be considered personal data as this information is used to determine how much to charge an individual. Personal data is information that relates to an identified or identifiable person who could be identified, directly or indirectly based on the information. Here it is important to consider the content of the data. (e.g. Examples of processing include: staff management and payroll administration; While most of these are straightforward, online identifiers are a bit trickier. My personal data has been lost after a breach, what are my rights? Under the GDPR, personal data means any information that is clearly identifiable and about a particular person. 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). 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