Purpose limitation means

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After the General Data Protection Regulation (GDPR) went into effect, users of online services and mobile device applications began to receive emails or website pop-ups regarding updated terms of service. These updates, largely focused on data privacy policies, require users to affirmatively accept the described use of their personal data (e.g., cookie identifiers ) or to affirmatively adjust the provider’s use of their data (e.g., opting in or out of sharing location information). The emails and pop-ups often explain the type of personal data the service provider collects, how the data will be used or processed, and request the users’ consent for continued use of their personal data in the manner described. The notices and alerts are generated to satisfy the GDPR’s purpose limitation principle that requires personal data to be collected and processed with “informed consent” and limited to the “specific purpose” explicitly described by the controller or processor. This installment of The eData Guide to GDPR discusses best practices for identifying specific purposes for collecting and processing personal data in accordance with the GDPR. Purpose Limitation Principle – The Specific Purpose Requirement The GDPR defines specific purpose as a fair and lawful reason to collect, process, store and/or access personal data. The Purpose Limitation Principle is expressed in Article 5: • Personal data should only be collected and processed for a legitimate specific purpose • Personal ...

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The IAPP has been diving deep into the , a ballot initiative passed in November 2020 that amends and adds to the California Consumer Privacy Act. Previous articles in our 10-part series analyzing the operational impacts of the CPRA include , exploring whether an entity is a “business” within the law’s scope; and This fourth installment in the series discusses some of the other expanded rights and obligations included in the CPRA and how they compare to the now-operative CCPA, as well as the EU General Data Protection Regulation. It looks in particular at Section 1798.100, which covers the general duties of businesses that collect personal information. The CPRA expands the requirements in this section regarding the right to know length of data retention, data minimization and purpose limitation, reasonable security requirements, and contract requirements with third parties, service providers and contractors. The CPRA also includes updated requirements regarding data portability, precise geolocation data and children’s data. Right to know length of data retention CPRA Section 1798.100(a) If a business is unable to provide a specific retention period, the business instead must provide the “criteria used to determine such period.” These new notification requirements and the substantive data retention limits discussed below may encourage businesses to approach data collection and storage more strategically, recognizing they will now have to report their data retention timelines...

All processing of personal data must take place in accordance with the seven basic data protection principles according to the GDPR. The principles must be taken into account in all processing of personal data. For example, in connection to collection and storage of personal data. Below you can read more about the different principles. The personal data controller must ensure that the processing of personal data takes place in a legal and correct manner. Also, that the processing is made in accordance with the GDPR. According to this principle, the Controller may not hide anything from the data subjects, regarding how their personal data is processed. The processing must be characterized by transparency towards the data subjects. This is one of the reasons why the GDPR requires companies and other personal data controllers to write a Privacy Policy. A Privacy Policy must include information about the processing. For instance, why it takes place, storage duration and much more. The principle of purpose limitation means that personal data may only be used for specific purposes. The principle also means that the Controller must state the purpose of each individual processing of personal data. Also, the duration for which the processing is necessary. This principle means that it is not permitted to collect personal data without a certain specifically stated purpose. All processing must therefore have a purpose. This principle means that the Controller shall only process the pe...

As GDPR has now been well embedded into the vocabulary of every man, woman, child and Santa (click for another fascinating article), it is time to take a closer look at how the principles of data protection work in practice. Something which we have seen come up regularly is the principle of purpose limitation, just because you have (or can find) the data, does not mean you can use it! PUBLICLY AVAILABLE DATA One of the big things to remember where publicly-available data is concerned is, just because it is made public does not mean that it can be used for whatever means people want. You need to look at the context in which it was made public in and ensure that the processing that you intend to carry out is in line with the context it was made public in the first place. LinkedIn as an example, is a platform used to allow professionals to connect, share ideas and display their professional profile, and in many cases to find employment. This means it is perfectly acceptable to use a person’s data on LinkedIn to engage in professional communications etc. It does not mean that you can use it to create a database of people who may be competing against you for a job, or in order to add them to a direct marketing mailing list. DATA GATHERED BY THE ORGANISATION Another example I like to use which concerns data collected and processed lawfully by an organisation is in the case of pharmacists. A Pharmacist might collect a patients’ email address or phone number in order to inform the...