No matter how securely data is stored, computer systems can be hacked and decrypted, so encrypted data is still considered personal data. If you continue to use this site we will assume that you are happy with it. When business to business (B2B) data is personal data. GDPR personal data is a broad category Personal data covers a much broader definition than the previous legislation demanded. ... What Categories of Personal Data does the GDPR detail. Sensitive Personal Data. GDPR extends the definition of personal data … There are two main types of data under the GDPR: personal data and special category personal data. The GDPR defines personal data as the following: Thus, the first step in complying with the regulation is to understand what is meant by the term “personal 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. Video, audio, numerical, graphical, and photographic data can all contain personal data. Find a letter to suit your need by using our letter tool to search by category. Sensitive Personal Data. 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. Consumer rights is a division of Which? You'd think that this data is no longer considered personal, but under GDPR, it is. For many purposes, you would want companies to continue handling your personal information to perform the tasks you need them to. that provides clear information on your rights offering simple solutions to solve your everyday consumer problems. 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. If an organization processes data for the sole purpose of identifying someone, then the data a… 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). 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. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. Any data that relate to an identifiable individual is personal data. Recital 1 of the GDPR states that "everyone has the right to the protection of [their] personal data.. Right to Erasure Request Form Perhaps personal data At first sight, Table 1 c… It all depends on the reason for which the organization is processing the data. 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. 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). As I wrote in another post, HR records are considered personal data and covered under the General Data Protection Regulation (GDPR). Read our guide on your right to appeal automated decisions. The police (a third party) can quickly match a name to a license plate number. An easy example of information that could be used to indirectly identify someone is an individual’s license plate number. How to spot a fake, fraudulent or scam website. Under the GDPR, this data is classified as personal. 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; By continuing to browse you consent to our use of cookies. How to get a refund, repair or replacement. Consider the extremely broad reach of that definition. Personal data is at the heart of the General Data Protection Regulation (GDPR). An individual is directly identifiable if you can identify them using nothing but the information you possess. 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. We have scores of letters to help you. You have a right to have personal data erased and to prevent processing in specific circumstances. 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. The short answer is, yes it is personal data. 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. 34 GDPR - Communication of a personal data breach to the data subject, Art. an online identifier, for example your IP or email address. This is one example where the GDPR is clarifying things further. 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. How do I find out which personal data a company has? One of the major struggles for organizations who must comply with the European Union’s new “General Data Protection Regulation” (GDPR) by May 2018 is that ‘personal data’ is much broader under GDPR than US regulations. In the GDPR, personal data is defined as any information related to an identified or identifiable natural person. 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. 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. Personal Data. This installment of The eData Guide to GDPR analyzes what “personal data” means under the General Data Protection Regulation.. [3] As we can see from above, the GDPR takes a similar approach to the PDPA by not setting out hard and fast rules as to what classes of information are personal data. 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. 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. At its most basic form, whenever you differentiate one individual from others, you are identifying that individual. A final caveat is that this individual must be alive. According to the GDPR, data protection is a basic human right. 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. The definition of personal data under GDPR is identical to the definition under the 1995 Data Protection Directive. This element is very inclusive. Many organisations already encrypt personal data so that it can't be used to identify a person without being decrypted. This article explains the GDPR consent requirements to help you comply. 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. It’s important to know that in the GDPR, the term PII is never mentioned. Privacy Policy. You have the right to object to profiling, including if it is used for direct marketing purposes, and companies must inform you of your right to object at the latest at their point of first communication with you and in their privacy notice. 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. 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. All Rights Reserved. The definition of personal data under GDPR is identical to the definition under the 1995 Data Protection Directive. The types of data considered personal under the existing legislation include name, address, and photos. The europa.eu webpage concerning GDPR can be found here. 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. 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. The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. According to the GDPR, no, it is still considered a type of personal data, despite its encryption. 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. 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. Types of 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. Facebook also collects information on how you use its services. My personal data has been lost after a breach, what are my rights? Please take our survey so we can improve our website for you and others like you. In this post, we discuss two fundamental concepts of the upcoming European General Data Protection Regulation (GDPR): personal and sensitive data. 4 (1). What is GDPR. Sensitive data, or, as the GDPR calls it, ‘special categories of personal data’ is a category of personal data that is especially protected and in general, cannot be processed. Any individual who can be distinguished from others is considered identifiable. It clarifies that online identifiers and location data are all personal and must be protected as such. 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. 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. What is considered “personal data”? Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of … When organisations seek to protect their user’s data, it is necessary that they understand the data they need to safeguard. 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’). This processing of the data should be subject to data protection rules. Letter to request compensation for cancelled flights, Letter to report a problem with something bought on credit card, an identification number, for example your National Insurance or passport number, your location data, for example your home address or mobile phone GPS data. The GDPR applies to “in-scope” personal data. 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. For instance, a name by itself may not be personal data; especially if it’s a very common name. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. 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.. Under the PDPA, personal data means information processed in respect of commercial transactions, from which a data subject can “be identified or is identifiable”. Your feedback is vital in helping us improve this site. Consider the extremely broad reach of … 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. GDPR compliance is easier with encrypted email. Nothing found in this portal constitutes legal advice. 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’). GDPR defines personal data as any information relating to an already identified individual or that can identify an individual either directly or indirectly. GDPR governs all personal data that is processed. Sensitive personal data is a special category of data identified under Article 9 and Recital 51 in the GDPR. Under the current Data Protection Directive, personal data is information pertaining to. 9 of the GDPR: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; 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. 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? Our guides provide information and advice on your consumer rights to help you navigate those everyday frustrations. From shopping and delivery problems to reclaiming PPI and flight delay compensation. 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. Your email address will not be published. As part of this balancing act, the GDPR goes to great lengths to define what is and is not personal data. 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. It all depends on the reason for which the organization is processing the data. one’s racial or ethnic makeup; political stances This is not an official EU Commission or Government resource. 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. 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. Personal data includes an identifier like: Sensitive personal data is also covered in GDPR as special categories of personal data. For guidance on what constitutes personal data, see: GDPR: How the definition of personal data has changed . 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. 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. 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). Data processors are required to abide by the instructions of Data Controllers unless these instructions conflict with the GDPR itself. However, the GDPR expands personal data to include otherwise innocuous information, when a pers… The GDPR requires a legal basis for data processing. 2) You are sending personal data (or making it accessible) to a receiver to which the GDPR does not apply. (If you’re not sure whether your organization is subject to the GDPR, read our article about companies outside of Europe.). There are more factors to consider with indirect identification. For example, a child’s drawing of their family that is done as part of a psychiatric evaluation to determine how they feel about different members of their family could be considered personal data, insofar as this picture reveals information relating to the child (their mental health as evaluated by a psychiatrist) and their parents’ behavior. We use cookies to allow us and selected partners to improve your experience and our advertising. It is defined in the GDPR under Personal Data and Unique Identifiers. Organisations hold personal data for a range of useful reasons necessary to provide a service, not just for marketing. A third party using your data and combining it with information they can reasonably access to identify an individual is another form of indirect identification. 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.. What constitutes a personal data breach under GDPR? Thus, the set of data that are considered controlled under the GDPR are quite a bit broader than initially expected. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. I want to return my goods, what are my rights? 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 can include names, identification numbers, location data, as well as other instances of structured and unstructured data. With the individual’s unambiguous consent . The protection of personal data is the foundational rationale for the General Data Protection Regulation (GDPR). This element is the easiest to define. 1. Perhaps non-personal data Table 2. Prior to joining ProtonVPN, Richie spent several years working on tech solutions in the developing world. These data points are identifiers. 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. one’s racial or ethnic makeup; political stances GDPR, a General Data Protection Regulation, is a regulation that aims to improve personal data protection in European Union.It becomes enforceable from 25 May 2018. Companies might also use your personal information to profile you in a way that many would find useful. However, a name is not always necessary. This can include names, identification numbers, location data, as well as other instances of structured and unstructured data. 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. Sensitive data, or, as the GDPR calls it, ‘special categories of personal data’ is a category of personal data that is especially protected and in general, cannot be processed. 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. In the previous example, by knowing his name and location, you were able to directly identify Robert. While most of these are straightforward, online identifiers are a bit trickier. If data are inaccurate to the point that no individual can be identified, then the information is not personal data. 50 GDPR - International cooperation for the protection of personal data, Art. 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. You can make them for free. The definition of processing appears at Article 4(2) of the GDPR:This definition is 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: Our template letters are designed to take the stress out of complaining. This survey will take approximately 5 minutes to complete. Data related to the deceased are not considered personal data in most cases under the GDPR. Both items of information are then considered to be personal data. Both items of information are then considered to be personal data. The GDPR defines personal data differently than some other regulations and standards. The EU-wide rules in the Data Protection Act 2018 (GDPR) provides the legal definition of what counts as personal data in the UK. 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 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. What is considered “personal data”? Personal data is information that relates to an identified or identifiable person who could be identified, directly or indirectly based on the information. If an organization processes data for the sole purpose of identifying someone, then the data are, by definition, personal data. He joined ProtonVPN to advance the rights of online privacy and freedom. The above is by no means an exhaustive list. The GDPR applies to “in-scope” personal data. Personal data includes an identifier like: Examples of personal data include a person’s name, phone number, bank details and medical history. “In order for processing to be lawful, personal … We will break each one down in the following paragraphs. It is also not limited to any particular format. However, that's far from the full scope of what the GDPR considers a 'personal data breach'. However, many people are still unsure exactly what ‘personal data’ refers to. Read our dedicated subject access request guide for more information on how to make a subject access request. Any information that could identify a specific device, like its digital fingerprint, are identifiers. Any information that can lead to either the direct or indirect identification of an individual will likely be considered personal data under the GDPR. Many retailers also use profiling to market directly to you using emails, texts and messages. When most people hear 'data breach' they think of USB sticks dropped in taxis or hacked websites. Data Processing Agreement The GDPR (General Data Protection Regulation) makes a distinction between ‘personal data’ and ‘sensitive personal data’.. 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. 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. Data that are used for learning or making decisions about an individual are also personal data. One of the key changes to the current data protection framework involves audio recordings; businesses will need to actively justify the capture of conversations and the processing of 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. When business to business (B2B) data is personal data. (e.g. The GDPR requires that consideration be given to how the data are being used to make decisions about specific individuals. 1. With the individual’s unambiguous consent . Examples of processing include: staff management and payroll administration; Records that have information that describes an individual’s activities may also qualify, such as a bank statement. For instance, Uber tracks all of its drivers so that it can find the nearest available car to assign to an Uber request. 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. One easy way to avoid large GDPR fines is to always get permission from your users before using their personal data. Personal data related to criminal convictions and offenses are also particularly sensitive and dealt with separately in Article 10 of GDPR. 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). However, this data could also be used to monitor whether Uber drivers follow the rules of the road and to measure their productivity rate. 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