GDPR: Understand everything about the principle of Legality, Loyalty and Transparency
We have all heard of legality, loyalty and transparency! Within the framework of the GDPR, these 3 concepts come together in a single principle. According to article 5.1 of the GDPR "personal data must be processed lawfully, fairly and transparently with regard to the data subject (lawfulness, loyalty, transparency)".
We will discover together, in less than 5 minutes, what this principle means!??
The survey response "Personal data must be processed in a manner...with regard to the data subject?? "
To introduce the subject, we offered you a survey on February 8 on our LinkedIn page. We have asked you how personal data should be processed in relation to the data subject.
Our subscribers are talented! Out of 192 voters, 97% of you chose "Lawful, fair and transparent". Indeed, personal data must be processed lawfully, fairly and transparently with regard to the person concerned.
Understand lawfulness, loyalty and transparency
These are obligations that the Data Controller must respect.♂️
For each processing, it determines a purpose. This purpose of processing is based on a legal basis. When the data controller determines the legal basis for the processing, he meets his obligation to carry out processing lawfully.
The Data Controller must also process the data under conditions that respect the protection of personal data and are not misleading for the persons concerned. The data controller must therefore act fairly when processing data.
The principle of loyalty is closely linked to the principle of transparency. To respect this obligation of transparency, it must inform the people concerned. Informing people must be done in a clear and understandable manner.
And more concretely?
- Data processing may be authorized by law (therefore lawful) but unfair because the data controller does not inform individuals.
- Conversely, processing may be transparent for the persons concerned; but totally illicit, because of prohibitions provided for by certain texts and which are not respected.
The principle of lawfulness is simple to demonstrate, however, the principle of loyalty is governed by several obligations:
- inform the people concerned
- allow data subjects to exercise their rights
- limit the retention of processed data
- ensure data confidentiality and security.
Data Comply One (formerly Mission RGPD) facing the principle of Legality, Loyalty and Transparency
Don't have time to put everything together? Are you lost in the face of this information?
No worries! ✅ With Data Comply One (formerly Mission RGPD) you can identify your legal bases in each file in your processing register. Also find our privacy policy templates (internal policy and external policy) in order to inform the people concerned by providing all the necessary information. Finally, you can provide data subjects with a form for exercising rights, directly on your website.
Don't waste any more time, it's so simple!
