Organizations, large, medium and small, have to comply with the Data Privacy Act which is effectively implemented by the National Privacy Commission (NPC). And we also know that if we fail in compliance, and have data and security breaches, the fines are high, we will be criminally liable, jail terms are possible, and reputation loss is obvious.
It is in this context that I would like to highlight some “terms,” you, your data protection officer and your compliance team are better familiar with:
- “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;
- “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- “Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future;
- “Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;
- “Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately, and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
- “Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;
- “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
- “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
- “Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
- “Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
- “Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed;
- “Genetic data” means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
- “Biometric data” means personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm identification of that natural person, such as facial images or dactyloscopic data;
- “Data concerning health” means personal data related to the physical or mental health of a natural person, including the provision of health- care services, which reveal information about his or her health status.
To handle all the personal and sensitive data in an organization is not easy. Automation is a solution, because a data protection management system can:
- Assess and take inventory of personal and sensitive data information assets;
- Conduct self-assessment against data privacy laws;
- Perform an information security assessment and on-site audit;
- Map all personal and sensitive data managed across the organization;
- Conduct risk assessments and documenting risk treatments; and
- Conduct data protection impact assessments.
If you are interested in automation or assistance is needed, let me know; you can contact me at Schumacher@eitsc.com.