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. There are a few challenges that keep the definition of personal data under GDPR from being cut-and-dry, including: Data from Devices An online identifier of one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of a natural person.Biometric data (eye retina, fingerprint, etc.).In Article 4(1), GDPR specifically states that “personal data” means any information relating to an identified or identifiable natural person, which is someone who can be directly or indirectly identified. However, both natural and legal persons can be data controllers and data processors. The GDPR protects the personal data of data subjects who are natural persons. Examples include corporations and partnerships. Natural persons are contrasted with legal persons, which are entities that are not natural persons, but that have some of their legal rights. Under the GDPR, a natural person is a living, breathing human being. What is a Natural Person According to GDPR? Let’s take a closer look at GDPR personal data and data subjects with everything you need to know at a high-level, starting with a couple of basic definitions. The answer to these questions can determine whether or not GDPR applies to your organization and to what extent it applies. If you’ve been asking these questions but can’t seem to find a clear answer, you are not alone. Two of the most frequent questions asked about GDPR, especially from non-EU-based organizations, are: 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.What is GDPR Personal Data and Who is a GDPR Data Subject? 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. Data must therefore be assignable to identified or identifiable living persons to be considered personal. Basically, a person obtains this capacity with his birth, and loses it upon his death. For natural persons, on the other hand, protection begins and is extinguished with legal capacity. In other words, data protection does not apply to information about legal entities such as corporations, foundations and institutions. Last but not least, the law states that the information for a personnel reference must refer to a natural person. Thus, this includes an assessment of creditworthiness of a person or an estimate of work performance by an employer. Subjective information such as opinions, judgements or estimates can be personal data. In addition, one must note that personal data need not be objective. 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. 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. 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. Since the definition includes “any information,” one must assume that the term “personal data” should be as broadly interpreted as possible. 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. In practice, these also include all data which are or can be assigned to a person in any kind of way. 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. Personal data are any information which are related to an identified or identifiable natural person. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR).
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |