This article is an introduction to the General Data Protection Regulation (GDPR) in the framework of your Big Data projects.
Be careful though! This isn’t going to be about giving legal advice, but rather, a refresher course on the changes that GDPR will make.
THE TERMS OF THE GDPR TO DEFINE
All information relating to a human being (or a data subject) that can be used to identify that person directly or indirectly. With the arrival of the GDPR, this definition was broadened to include online data. I.e., name, photos, email addresses, bank details, social networking publications, websites, medical information, IP addresses, location data, etc.
It is personal data that directly or indirectly reveal political opinions, philosophical or religious or trade union memberships of persons, or that which is related to their health or their sexual orientation. They may only be processed with the explicit consent of individuals.
This broad term refers to any operations carried out on personal data, via automated or non-automated means. Some examples of processing include collection, recording, organization, storage, use and destruction of personal data.
A data controller is a person who determines– alone or jointly with others – the purposes and the means of data processing (the collecting and processing methods).
THE PRINCIPLES EMERGING FROM THE GDPR
WHO DOES IT CONCERN?
THE OBLIGATION TO APPOINT A DPO
The GDPR created a position of Data Protection Officer (DPO). Their responsibilities include:
Companies must ensure that they comply with GDPR’s obligations and be able to demonstrate compliance with its principles.
The controller must be able to demonstrate that the data subject has given his or her consent.
NOTIFICATION OF VIOLATIONS
In the case of a violation, the company is obligated to inform its Supervisory Authority within 72 hours after its discovery.
PRIVACY PROTECTION FROM THE DESIGN STAGE
The controller must implement any data protection measures (pseudonymization, minimization, etc.) from the design stage; i.e., identify the means of processing.
THE OPPOSITION TO PROFILING
Any person may object to the automatic processing of their personal data in order to evaluate certain personal aspects relating to a physical person (analysis, prediction, etc).
Any person concerned by the processing of their data can obtain from the controller a copy of their processed personal data and, where applicable, the transfer of these data to a third party.
Violation of basic principles including the conditions of consent or the rights of the persons concerned will be subject to a sanction of up to 20 million or 4% of annual worldwide turnover.