Data Protection by Design
Under Article 25 of the European Union’s General Data Protection Regulation, data controllers have duty to “Data Protection by Design and Default.” While similar to privacy by design, data protection by design and default differs slightly in scope. The quote below comes from 1.1(4) of Opinion 5/2018 Preliminary Opinion on privacy by design.
Our training does not reflect the legal requirements in any specific jurisdiction. Rather it is meant to cover all aspects of privacy that may be covered by the hundreds of laws across the globe.
“While measures taken under these obligations will also contribute to achieving the more general objective of “privacy by design”, we consider that a wider spectrum of approaches may be taken into account for the objective of “privacy by design” which includes a visionary and ethical dimension, consistent with the principles and values enshrined in the EU Charter of Fundamental Rights of the EU.”
– European Data Protection Board
Article 25 Data Protection by Design and Default
1. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.
2. The controller shall implement appropriate technical and organizational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage, and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.
3. An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.
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