Glossary terms Flashcards
Accountability
The implementation of appropriate technical and organisational measures to ensure and be able to demonstrate that the handling of personal data is performed in accordance with relevant law, an idea codified in the EU General Data Protection Regulation and other frameworks, including APEC’s Cross Border Privacy Rules. Traditionally, accountability has been a fair information practices principle, that due diligence and reasonable steps will be undertaken to ensure that personal information will be protected and handled consistently with relevant law and other fair use principles.
Accuracy
Organizations must take every reasonable step to ensure the data processed is accurate and, where necessary, kept up to date. Reasonable measures should be understood as implementing processes to prevent inaccuracies during the data collection process as well as during the ongoing data processing in relation to the specific use for which the data is processed. The organization must consider the type of data and the specific purposes to maintain the accuracy of personal data in relation to the purpose. Accuracy also embodies the responsibility to respond to data subject requests to correct records that contain incomplete information or misinformation.
Adequate level of protection
A transfer of personal data from the European Union to a third country or an international organisation may take place where the European Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question, ensures an adequate level of protection by taking into account the following elements: (a) the rule of law, respect for human rights and fundamental freedoms, both general and sectoral legislation, data protection rules, professional rules and security measures, effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data is being transferred; (b) the existence and effective functioning of independent supervisory authorities with responsibility for ensuring and enforcing compliance with the data protection rules; (c) the international commitments the third country or international organisation concerned has entered into in relation to the protection of personal data.
Annual Reports
The requirement under the General Data Protection Regulation that the European Data Protection Board and each supervisory authority periodically report on their activities. The supervisory authority report should include infringements and the activities that the authority conducted under their Article 58(2) powers. The EDPB report should include guidelines, recommendations, best practices and binding decisions. Additionally, the report should include the protection of natural persons with regard to processing in the EU and, where relevant, in third countries and international organisations. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission.
Anonymous Information
In contrast to personal data, anonymous information or data is not related to an identified or an identifiable natural person and cannot be combined with other information to re-identify individuals. It has been rendered unidentifiable and, as such, is not protected by the GDPR.
Anti-discrimination laws
Anti-discrimination laws are indications of special classes of personal data. If there exists law protecting against discrimination based on a class or status, it is likely personal information relating to that class or status is subject to more stringent data protection regulation, under the GDPR or otherwise.
Appropriate safeguards
The General Data Protection Regulation refers to appropriate safeguards in a number of contexts, including the transfer of personal data to third countries outside the European Union, the processing of special categories of data, and the processing of personal data in a law enforcement context. This generally refers to the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules. This may also refer to the use of encryption or pseudonymization, standard data protection clauses adopted by the Commission, contractual clauses authorized by a supervisory authority, or certification schemes or codes of conduct authorized by the Commission or a supervisory authority. Those safeguards should ensure compliance with data protection requirements and the rights of the data subjects appropriate to processing within the European Union.
Appropriate Technical and Organizational Measures
The General Data Protection Regulation requires a risk-based approach to data protection, whereby organizations take into account the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity to the rights and freedoms of natural persons, and institute policies, controls and certain technologies to mitigate those risks. These “appropriate technical and organisational measures” might help meet the obligation to keep personal data secure, including technical safeguards against accidents and negligence or deliberate and malevolent actions, or involve the implementation of data protection policies. These measures should be demonstrable on demand to data protection authorities and reviewed regularly.
Article 29 Working Party
The Article 29 Working Party (WP29) was a European Union organization that functioned as an independent advisory body on data protection and privacy and consisted of the collected data protection authorities of the member states. It was replaced by the similarly constituted European Data Protection Board (EDPB) on May 25, 2018, when the General Data Protection Regulation (GDPR) went into effect.
Authentication
The process by which an entity (such as a person or computer system) determines whether another entity is who it claims to be.
Automated Processing
A processing operation that is performed without any human intervention. “Profiling” is defined in the General Data Protection Regulation, for example, as the automated processing of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Data subjects, under the GDPR, have a right to object to such processing.
Availability
Data is “available” if it is accessible when needed by the organization or data subject. The General Data Protection Regulation requires that a business be able to ensure the availability of personal data and have the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
Background Screening/Checks
Organizations may want to verify an applicant’s ability to function in the working environment as well as assuring the safety and security of existing workers. Background checks range from checking a person’s educational background to checking on past criminal activity. Employee consent requirements for such check vary by member state and may be negotiated with local works councils.
Behavioral Advertising
Advertising that is targeted at individuals based on the observation of their behaviour over time. Most often done via automated processing of personal data, or profiling, the General Data Protection Regulation requires that data subjects be able to opt-out of any automated processing, to be informed of the logic involved in any automatic personal data processing and, at least when based on profiling, be informed of the consequences of such processing. If cookies are used to store or access information for the purposes of behavioral advertising, the ePrivacy Directive requires that data subjects provide consent for the placement of such cookies, after having been provided with clear and comprehensive information.
Binding Corporate Rules
Binding Corporate Rules (BCRs) are an appropriate safeguard allowed by the General Data Protection Regulation to facilitate cross-border transfers of personal data between the various entities of a corporate group worldwide. They do so by ensuring that the same high level of protection of personal data is complied with by all members of the organizational group by means of a single set of binding and enforceable rules. BCRs compel organizations to be able to demonstrate their compliance with all aspects of applicable data protection legislation and are approved by a member state data protection authority. To date, relatively few organizations have had BCRs approved.
Binding Safe Processor Rules
Previously, the EU distinguished between Binding Corporate Rules for controllers and Binding Safe Processor Rules for processors. With the General Data Protection Regulation, there is now no distinction made between the two in this context and Binding Corporate Rules are appropriate for both.
Biometrics
Data concerning the intrinsic physical or behavioral characteristics of an individual. Examples include DNA, fingerprints, retina and iris patterns, voice, face, handwriting, keystroke technique and gait. The General Data Protection Regulation, in Article 9, lists biometric data for the purpose of uniquely identifying a natural person as a special category of data for which processing is not allowed other than in specific circumstances.
Bodily Privacy
One of the four classes of privacy, along with information privacy, territorial privacy and communications privacy. It focuses on a person’s physical being and any invasion thereof. Such an invasion can take the form of genetic testing, drug testing or body cavity searches.
Breach Disclosure (EU specific)
The requirement that a data controller notify regulators, potentially within 72 hours of discovery, and/or victims, of incidents affecting the confidentiality and security of personal data, depending on the assessed risks to the rights and freedoms of affected data subjects (see Data Breach).
Bundesdatenschutzgesetz-neu
Germany’s federal data protection act, implementing the General Data Protection Regulation. With the passage of the GDPR, it replaced a previous law with the same name (hence “neu” in common parlance) and enhanced a series of other acts mainly in areas of law enforcement and intelligence services. Furthermore, the new version suggests a procedure for national data protection authorities to challenge adequacy decisions of the EU Commission.
CCTV
Originally an acronym for “closed circuit television,” CCTV has come to be shorthand for any video surveillance system. Originally, such systems relied on coaxial cable and was truly only accessible on premise. Today, most surveillance systems are hosted via TCP/IP networks and can be accessed remotely, and the footage much more easily shared, eliciting new and different privacy concerns.
Certification Mechanisms
Introduced by the General Data Protection Regulation, certification mechanisms are a new valid adequacy mechanism for the transfer of personal data outside of the European Union in the absence of an adequacy decision and instead of other mechanisms such as binding corporate rules or contractual clauses. Certification mechanisms must be developed by certifying bodies, approved by data protection authorities or the European Data Protection Board, and have a methodology for auditing compliance. Similar to binding corporate rules, they compel organizations to be able to demonstrate their compliance with all aspects of applicable data protection legislation.
Charter of Fundamental Rights
A treaty that consolidates human rights within the EU. The treaty states that everyone has a right to protect their personal data, that data must be processed for legitimate and specified purposes and that compliance is subject to control by an authority.
Choice
In the context of consent, choice refers to the idea that consent must be freely given and that data subjects must have a genuine choice as to whether to provide personal data or not. If there is no true choice it is unlikely the consent will be deemed valid under the General Data Protection Regulation.
Cloud computing
The provision of information technology services over the Internet. These services may be provided by a company for its internal users in a “private cloud” or by third-party suppliers. The services can include software, infrastructure (i.e., servers), hosting and platforms (i.e., operating systems). Cloud computing has numerous applications, from personal webmail to corporate data storage, and can be subdivided into different types of service models.
Code of conduct
Introduced by the General Data Protection Regulation, codes of conduct are a new valid adequacy mechanism for the transfer of personal data outside of the European Union in the absence of an adequacy decision and instead of other mechanisms such as binding corporate rules or contractual clauses. Codes of conduct must be developed by industry trade groups, associations or other bodies representing categories of controllers or processors. They must be approved by supervisory authorities or the European Data Protection Board, and have a methodology for auditing compliance. Similar to binding corporate rules, they compel organizations to be able to demonstrate their compliance with all aspects of applicable data protection legislation.
Collection Limitation
A fair information practices principle, it is the principle stating there should be limits to the collection of personal data, that any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
Communications Privacy
One of the four classes of privacy, along with information privacy, bodily privacy and territorial privacy. It encompasses protection of the means of correspondence, including postal mail, telephone conversations, electronic e-mail and other forms of communicative behavior and apparatus.
Confidentiality
Data is “confidential” if it is protected against unauthorised or unlawful processing. The General Data Protection Regulation requires that an organization be able to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services as part of its requirements for appropriate security. In addition, the GDPR requires that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Consent (EU specific)
This privacy requirement is one of the fair information practices. In the General Data Protection Regulation, however, consent is specifically one of the legal bases for processing personal data. According to the GDPR, for consent to be valid, it must be: clearly distinguishable from other matters, intelligible, and in clear and plain language; freely given; as easy to withdraw as it was to provide; specific; informed; and unambiguous. Further, it must be a positive, affirmative action (e.g., checking opt-in or choosing technical settings for web applications), with pre-ticked boxes expressly not allowed. For certain special categories of data, as outlined in Article 9, explicit consent is required for processing, a higher standard than unambiguous consent.
Consistency Mechanism
In order to ensure the consistent application of the General Data Protection Regulation throughout the European Union, the GDPR establishes a “consistency mechanism” that allows member state supervisory authorities to cooperate with one another. The mechanism applies particularly where a supervisory authority intends to adopt a measure intended to produce legal effects as regards processing operations which substantially affect a significant number of data subjects in several member states. When a member state supervisory authority intends to take action, such as approving a code of conduct or certification mechanism, it shall provide a draft to the European Data Protection Board, and the EDPB’s members shall render an opinion on that draft, which the supervisory authority shall take into account and then either amend or decide to go forward with the draft in its original form. Should there be significant difference in opinion, the dispute resolution mechanism will be triggered.
Content Data
The text, images, etc., contained within any communication message, such as an email, text, or instant message on any given communications platform. Specifically used often to distinguish from metadata (see Metadata). The ePrivacy Directive and draft ePrivacy Regulation protect the confidentiality of content data.
Contractual Clauses
Adopted either directly by the European Commission or by a supervisory authority in accordance with the consistency mechanism (see Consistency Mechanism) and then adopted by the Commission, contractual clauses are mechanisms by which organisations can commit to protect personal data to facilitate ongoing and systematic cross-border personal data transfers.
Convention 108
Convention 108 is a legally binding international instrument that requires signatory countries to take the necessary steps in their domestic legislation to apply the principles it lays down ensuring fundamental human rights with regard to the processing of personal information.
Cookie
A small text file stored on a client machine that may later be retrieved by a web server from the machine. Cookies allow web servers to keep track of the end user’s browser activities, and connect individual web requests into a session. Cookies can also be used to prevent users from having to be authorized for every password protected page they access during a session by recording that they have successfully supplied their username and password already. Cookies may be referred to as “first-party” (if they are placed by the website that is visited) or “third-party” (if they are placed by a party other than the visited website). Additionally, they may be referred to as “session cookies” if they are deleted when a session ends, or “persistent cookies” if they remain longer. Notably, the General Data Protection Regulation lists this latter category, so-called “cookie identifiers,” as an example of personal information. The use of cookies is regulated both by the GDPR and the ePrivacy Directive (see Cookie Directive).
Cookie Directive
The so-called “Cookie Directive” is an amendment made to the European Union’s Directive 2002/58, also known as the ePrivacy Directive, that requires organizations to get consent before placing cookies (see Cookies) and other tracking technologies on digital devices. With the passage of the General Data Protection Regulation, this definition of consent has changed and opt-out consent is no longer viable in this area.
Cooperation
Part of the consistency mechanism (see Consistency Mechanism) of the General Data Protection Regulation, cooperation is required between supervisory authorities when working with controllers or processors handling the personal data of data subjects in multiple member states. This is often referred to as the “one-stop shop,” whereby a lead supervisory authority works with the supervisory authorities of other member states with affected data subjects.
Copland v. United Kingdom
A case in which the European Court of Human Rights held that monitoring an applicant’s email at work was contrary to Article 8 of the Convention on Human Rights.
Costeja
Shorthand for the case of Google Spain v AEPD and Mario Costeja González, where Costeja successfully sued Google Spain, Google Inc. and La Vanguardia newspaper. When the Court of Justice of the EU ruled that Google Spain must remove the links to the article, the “right to be forgotten” (see Right To Be Forgotten) was effectively established in the European Union. The General Data Protection Regulation subsequently more formally granted data subjects the right to deletion in certain circumstances.
Council of Europe
The Council of Europe, launched in 1949, is a human rights organization with 47 member countries, including the 28 member states of the European Union. The members have all signed the European Convention on Human rights and are subject to the European Court of Human Rights. The Council’s Convention 108 (see Convention 108) was the first legally binding international agreement to protect the human right of privacy and data protection.
Council of the European Union
A council of ministers from the 28 member states of the European Union, this is the main decision-making body of the EU, with a central role in both political and legislative decisions. The council was established by the treaties of the 1950s, which laid the foundations for the EU, and works with the European Parliament to create EU law.
Court of Justice of the European Union
The Court of Justice is the judicial body of the EU that makes decisions on issues of EU law and enforces European decisions either in respect to actions taken by the European Commission against a member state or actions taken by individuals to enforce their rights under EU law. Based in Luxembourg, the Court was set up in 1951, and was originally named the Court of Justice of the European Communities. The court is frequently confused with the European Court of Human Rights (ECHR), which oversees human rights laws across Europe, including in many non-EU countries, and is not linked to the EU institutions.
Cross-border Data Transfers (EU specific)
Transfers of personal data to any country outside the European Economic Area (EEA) may only take place subject to the condition that the third country ensures an adequate level of protection for the personal data as determined by the European Commission. It also applies to onward transfers — from one third country or international organisation to another (outside the EEA). In the absence of an adequacy finding, organizations must use other mechanisms, such as binding corporate rules, contractual clauses, or certification, for lawful transfer.
Data Breach (EU specific)
A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. The General Data Protection Regulation instituted new rules for notification of supervisory authorities and data subjects following the discovery of a data breach, depending on the risk the breach presents to the rights and freedoms of data subjects.
Data Breach Notification (EU specific)
The requirement that a data controller notify regulators, potentially within 72 hours of discovery, and/or victims, of incidents affecting the confidentiality and security of personal data, depending on the assessed risks to the rights and freedoms of affected data subjects (see Data Breach).
Data Controller
The natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by EU or member state law, the controller or the specific criteria for its nomination may be provided for by EU or member state law.
Data elements
A unit of data that cannot be broken down further or has a distinct meaning. This may be a date of birth, a numerical identifier, or location coordinates. In the context of data protection, it is important to understand that data elements in isolation may not be personal data but, when combined, become personally identifiable and therefore personal data.
Data Minimization Principle (EU specific)
Data controllers must only collect and process personal data that is relevant, necessary and adequate to accomplish the purposes for which it is processed.
Data Portability
In certain circumstances, generally where data processing is done on the basis of consent or a contract, data subjects have the right to receive their personal data, which they have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided.
Data Processing
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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data Processor
A natural or legal person (other than an employee of the controller), public authority, agency or other body which processes personal data on behalf of the controller. An organization can be both a controller and a processor at the same time, depending on the function the organization is performing.
Data Protection Authority (EU specific)
A term often used to refer to a supervisory authority (see Supervisory Authority), which is an independent public authority responsible for monitoring the application of the General Data Protection Regulation in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the European Union. DPAs also oversee other data protection-related laws, such as the ePrivacy Directive and other local member state laws.
Data Protection by Default
The implementation of appropriate technical and organisational 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. Such organizational measures could consist, inter alia, of minimising the processing of personal data, pseudonymising personal data as soon as possible, transparency with regard to the functions and processing of personal data, and enabling the data subject to monitor the data processing.
Data Protection by Design
When developing, designing, selecting and using applications, services and products that are based on the processing of personal data or process personal data to fulfil their task, producers of the products, services and applications should be encouraged to take into account the right to data protection when developing and designing such products, services and applications and, with due regard to the state of the art, to make sure that controllers and processors are able to fulfil their data protection obligations.
Data Protection Commissioner
The title given in some member states to the supervisory authority (see Supervisory Authority).
DPIA
The process by which companies can systematically assess and identify the privacy and data protection impacts of any products they offer and services they provide. It enables them to identify the impact and take the appropriate actions to prevent or, at the very least, minimise the risk of those impacts. DPIAs are required by the General Data Protection Regulation in some instances, particularly where a new product or service is likely to result in a high risk to the rights and freedoms of natural persons.
DPO
While the title of data protection officer has long been in use, particularly in Germany and France, the General Data Protection Regulation introduced a new legal defintion of a DPO with specific tasks. Certain organizations, particularly those that process personal data as part of their business model or those who process special categories of data as outlined in Article 9, are obligated to designate a DPO on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices. The DPO has a variety of mandated tasks, including communication with the supervisory authority, conducting DPIAs, and advising the organization on the mandates of the GDPR and how to comply with it.
Data protection policy
Data protection policies outline the basic contours of the measures an organization takes in the processing and handling of personal data. Key matters the policy should address include: Scope, which explains both to whom the internal policy applies and the type of processing activities it covers; Policy statement; Employee responsibilities; Management responsibilities; Reporting incidents; Policy compliance.
Data Protection Principles
Article 5 of the General Data Protection Regulation lists the principles as such: Lawfulness, fairness and transparency; Purpose limitation; Data minimisation; Accuracy; Storage limitation; Integrity and confidentiality.
Data Quality (EU specific)
One of the General Data Protection Regulation’s explicitly stated data protection principles, personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date. The quality of data is judged by four criteria: Does it meet the business needs?; Is it accurate?; Is it complete?, and is it recent? Data is of an appropriate quality if these criteria are satisfied for a particular application.
Data Recipient
A natural or legal person, public authority, agency or another body, to which personal data is disclosed, whether a third party or not. Public authorities that receive personal data in the framework of a particular inquiry in accordance with EU or member state law shall not be regarded as recipients, however. The processing of that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Data Retention Directive
The now-defunct Data Retention Directive was designed to align the rules on data retention across the EU member states in order to ensure the availability of traffic and location data for serious crime and antiterrorism purposes. The Data Retention Directive is no longer part of EU law, although member states retain competence to adopt their own national data retention laws under Article 15(1) of the ePrivacy Directive (2002/58/EC) provided that those laws comply with the fundamental rights principles that form part of EU law and the CJEU ruling that struck down the Data Retention Directive. Accordingly, EU member states have introduced draft legislative amendments or implemented national data retention laws at an individual country level.
Data Subject
An identified or identifiable natural person.
De-identification
An action that one takes to remove identifying characteristics from data.
Derogation
In the context of European Union legislation interacting with member state law, a derogation is a place in an EU-wide regulation where individual member states are left to make their own law or have the option to deviate. A derogation can also simply refer to an exception to a certain basic rule or principle.
Direct Marketing (EU specific)
In the context of data protection law, direct marketing can be defined as personal data processed to communicate a marketing or advertising message. This definition includes messages from commercial organisations, as well as from charities and political organisations. While direct marketing is offered in the General Data Protection Regulation as an example of processing for the legitimate interest of an organization, it also says the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Dispute Resolution
In the context of the consistency mechanism (see Consistency Mechanism), the European Data Protection Board can issue binding decisions on objections to lead authority decisions, on disputes about which supervisory authority should be the lead authority, and where there has been a failure to request the EDPB’s opinion under Article 64 or the opinion is not followed.
Do not track
A proposed regulatory policy, similar to the existing Do-Not-Call Registry in the United States, which would allow consumers to opt out of web-usage tracking.
Durant v. Financial Services Authority
A court case in which the Court of Appeal of the United Kingdom narrowed the definition of personal data under the Data Protection Act of 1998. It established a two-stage test; the information must be biographical in a significant sense and the individual must be the focus of the information.
Electronic Communications Data
consists of three main categories of personal data, as defined in the European Union under the ePrivacy Directive: the content of a communication, traffic data, and location data.
Electronic Communications Network
Transmission systems, and, where applicable, switching or routing equipment and other resources that permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks; fixed and mobile terrestrial networks; electricity cable systems, to the extent that they are used for the purpose of transmitting signals; networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed. In the discussions surrounding the update of the ePrivacy Directive to the ePrivacy Regulation, so-called “over the top” providers, like app-based messaging services, are beginning to be considered as part of the electronic communications network.
Electronic Communications Service
Any service which provides to users thereof the ability to send or receive wire or electronic communications.
