Once you have carried out an audit the next step is to consider whether you are complying with the GDPR principles in order for you to process this data lawfully.
The GDPR sets out a number of principles with which data controllers and processors must comply when processing personal data (Article 5). These principles form the core of the obligations of the data controller and will usually form the basis of any claim that a data controller has not complied with its statutory duties.
A Data Controller is the person or organisation that determines when and how to process personal data – this tends to be in the name of the business
A Data Processor is the person processing the data.
The Principles are:
- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
Not only do you have satisfy the Principles but you must also identify a lawful basis to process Personal data.
To process data you must have a valid lawful basis. Where you are processing special data then you need to satisfy a special condition as well which is explained in the next section under the heading special data.
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