GDPR: Myths, Misconceptions & Misinformation
Article by Stuart Walsh, Blue Stream Academy's Chief Information Security Officer (CISO).
The General Data Protection Regulation (GDPR) has affected everyone, from individuals to global corporations, companies and organisations, both inside and outside of the European Union (EU); it has transformed marketing practices, the way in which data is managed and given people control of their own personal information.
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tith a year having passed since it’s implementation; now seems to be an appropriate time to look back and reflect upon some of the most common myths, misconceptions and misinformation surrounding GDPR. Consent Whilst a lawful basis is required in order to utilise personal data, there are six to chose from: • Consent: The individual has given clear consent for you to process their personal data for a specific purpose. • Contract: The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract. • Legal Obligation: The processing is necessary for you to comply with the law (not including contractual obligations). • Vital Interests: The processing is necessary to protect someone’s life. • Public Task: The processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. • Legitimate Interests: The processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks).
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Due to the high standard for consent set out by the GDPR, the complexities involved and the potential to significantly affect the way in which an organisation operates, more often than not, it is in fact preferable for them to rely upon another lawful basis. Individual’s Rights The GDPR provides the following rights for individuals: • The right to be informed • The right of access • The right to rectification • The right to erasure • The right to restrict processing • The right to data portability • The right to object • Rights in relation to automated decision making and profiling.
