It includes “objective” information, such as an individual’s height, and “subjective” information, like employment evaluations. Data related to the deceased are not considered personal data in most cases under the GDPR. A final caveat is that this individual must be alive. By using “natural person,” the GDPR is saying data about companies, which are sometimes considered “legal persons,” are not personal data. We will break each one down in the following paragraphs. These four elements work together to create the definition of personal data. There is a lot to unpack here, but the first line of the definition contains four elements that are the foundation of determining whether information should be considered as personal data: Personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (or, written records in a manual filing system).Personal data processed wholly or partly by automated means (or, information in electronic form) and.‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’) an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.įurthermore, the GDPR only applies to personal data processed in one of two ways: GDPR Article 4, the GDPR gives the following definition for “personal data”: (If you’re not sure whether your organization is subject to the GDPR, read our article about companies outside of Europe.) If your organization collects, uses, or stores the personal data of people in the EU, then you must comply with the GDPR’s privacy and security requirements or face large fines. As part of this balancing act, the GDPR goes to great lengths to define what is and is not personal data. The EU’s General Data Protection Regulation (GDPR) tries to strike a balance between being strong enough to give individuals clear and tangible protection while being flexible enough to allow for the legitimate interests of businesses and the public. It’s crucial for any business with EU consumers to understand this concept for GDPR compliance. The EU’s GDPR only applies to personal data, which is any piece of information that relates to an identifiable person.
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