Data Protection in Employment
Expert-defined terms from the Specialist Certification in Employment Law in the European Union course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**Binding Corporate Rules (BCRs)** #
**Binding Corporate Rules (BCRs)**
Concept #
Binding Corporate Rules are a set of internal rules adopted by multinational corporations to transfer personal data from the European Economic Area (EEA) to their entities located outside of the EEA, while ensuring compliance with the EU data protection laws.
BCRs are a code of conduct that provides a coherent and consistent approach to d… #
They are legally binding and enforceable, and must be approved by the relevant data protection authorities in the EU. BCRs enable corporations to transfer personal data internationally while ensuring that the data remains protected and processed in accordance with the EU data protection laws.
Example #
A multinational corporation with headquarters in Germany and subsidiaries in the US and Asia can adopt BCRs to regulate the transfer of personal data from its German entity to its US and Asian entities.
Practical application #
BCRs can help corporations to demonstrate their commitment to data protection and provide a robust framework for transferring personal data internationally. They can also help to streamline the data protection compliance process and reduce the need for separate data transfer agreements with each EU data protection authority.
Challenges #
The BCRs approval process can be lengthy and complex, requiring the involvement of multiple data protection authorities and legal experts. Additionally, BCRs must be reviewed and updated regularly to ensure that they remain compliant with the evolving EU data protection laws.
**Data Breach** #
**Data Breach**
Concept #
A data breach is an unauthorized access, disclosure, or acquisition of personal data that compromises the confidentiality, integrity, or availability of the data.
Data breaches can occur due to various reasons, including cyber #
attacks, human errors, or system glitches. They can result in significant harm to individuals, including identity theft, financial loss, or reputational damage. Data breaches can also lead to legal and regulatory consequences for the data controllers or processors responsible for the data.
Example #
A hacker gains unauthorized access to a company's database containing customer information, including names, addresses, and credit card numbers.
Practical application #
Data breaches require prompt and effective action to mitigate the risks and prevent further harm. This includes identifying the cause and scope of the breach, containing the incident, notifying the affected individuals and data protection authorities, and implementing corrective measures to prevent future breaches.
Challenges #
Data breaches can be complex and challenging to manage, requiring a coordinated response from various stakeholders, including legal, technical, and communication experts. They can also result in significant financial and reputational costs for the affected organizations.
**Data Controller** #
**Data Controller**
Concept #
A data controller is a natural or legal person who determines the purposes and means of processing personal data.
Data controllers have the ultimate responsibility for ensuring compliance with t… #
They must implement appropriate technical and organizational measures to protect personal data and provide clear and transparent information to individuals about the processing of their data. Data controllers can be public or private entities, including businesses, governments, or non-profit organizations.
Example #
A retail company that collects and processes customer data for marketing purposes is a data controller.
Practical application #
Data controllers must ensure that they have a legal basis for processing personal data and that they comply with the data protection principles, including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality.
Challenges #
Data controllers must balance the interests of individuals, organizations, and society when processing personal data. They must also navigate the complex and evolving EU data protection laws, including the GDPR, and demonstrate their compliance through various accountability mechanisms, including data protection impact assessments, records of processing activities, and data protection officers.
**Data Protection Impact Assessment (DPIA)** #
**Data Protection Impact Assessment (DPIA)**
Concept #
A Data Protection Impact Assessment (DPIA) is a risk management tool used to identify and assess the privacy risks of processing personal data.
A DPIA is a mandatory requirement under the GDPR for processing activities that… #
A DPIA involves a systematic and comprehensive evaluation of the processing activities, including the purposes, means, and context of the processing, and the potential risks and impacts on individuals.
Example #
A social media platform that uses facial recognition technology to identify and tag individuals in photos is likely to require a DPIA.
Practical application #
A DPIA involves a consultative and iterative process, involving various stakeholders, including data protection officers, legal experts, and technical specialists. The DPIA should result in a set of recommendations and measures to mitigate the identified risks and ensure compliance with the GDPR.
Challenges #
DPIAs can be complex and time-consuming, requiring a significant investment of resources and expertise. They can also be subject to various interpretations and uncertainties, requiring ongoing monitoring and review to ensure their effectiveness.
**Data Protection Officer (DPO)** #
**Data Protection Officer (DPO)**
Concept #
A Data Protection Officer (DPO) is a person responsible for ensuring the compliance of an organization with the EU data protection laws.
A DPO is a mandatory requirement under the GDPR for certain categories of organi… #
A DPO can be a member of the organization's staff or an external service provider.
Example #
A hospital that processes patient data is required to appoint a DPO under the GDPR.
Practical application #
A DPO must have expert knowledge of the EU data protection laws and the organization's data processing activities. The DPO's responsibilities include advising the organization on its data protection obligations, monitoring the organization's compliance with the GDPR, and acting as a point of contact for individuals and data protection authorities.
Challenges #
DPOs must maintain their independence and impartiality, avoiding conflicts of interest or undue influence from the organization's management. They must also deal with various challenges, including the evolving EU data protection laws, the diversity of data processing activities, and the potential for legal and reputational risks.
**Data Subject** #
**Data Subject**
Concept #
A data subject is an individual whose personal data is processed by a data controller or a data processor.
Data subjects have various rights under the EU data protection laws, including t… #
Data subjects can exercise their rights by contacting the data controller or the data protection authority.
Example #
A customer who purchases a product from an online store is a data subject.
Practical application #
Data controllers must provide clear and transparent information to data subjects about the processing of their personal data, including the purposes, means, and legal basis of the processing, and the data subjects' rights and contact details.
Challenges #
Data controllers must ensure that they respect the data subjects' rights and avoid any unlawful or discriminatory processing of their personal data. They must also deal with various challenges, including the complexity of the data processing activities, the diversity of the data subjects, and the potential for legal and reputational risks.
**Direct Marketing** #
**Direct Marketing**
Concept #
Direct marketing is the communication of advertising or marketing messages to individuals, directly or indirectly, through various channels, including email, SMS, phone, post, or social media.
Direct marketing can involve the processing of personal data, including the indi… #
Direct marketing must comply with the EU data protection laws, including the GDPR, and the individuals' consent is generally required for unsolicited direct marketing.
Example #
A company that sends promotional emails to its customers without their consent is engaging in direct marketing.
Practical application #
Direct marketing must be transparent, fair, and respectful of the individuals' rights and preferences. It must also comply with the data protection principles, including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality.
Challenges #
Direct marketing can be subject to various legal and regulatory constraints, including the GDPR, the ePrivacy Directive, and the national data protection laws. It can also be subject to various ethical and social norms, including the individuals' privacy, autonomy, and trust.
**Employee Data** #
**Employee Data**
Concept #
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Data Controller #
A 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. For example, a company that collects and uses employee data for HR purposes is a data controller.
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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. For example, an employer processing employee data for payroll purposes is performing data processing.
Data Processor #
A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. For example, a third-party company that an employer hires to manage their payroll is a data processor.
Data Protection Impact Assessment (DPIA) #
A process to help identify and minimize the data protection risks of a project or initiative. A DPIA is required for high-risk processing activities, such as large-scale processing of sensitive data.
Data Protection Officer (DPO) #
A person responsible for ensuring that an organization complies with data protection laws. A DPO is mandatory for public authorities and organizations that engage in high-risk processing activities.
Data Subject #
An identified or identifiable natural person who is the subject of personal data. In the context of employment, data subjects are typically employees.
Directive (EU) #
A legislative act of the European Union that sets out a framework or goal for member states to achieve through their own national laws. For example, the General Data Protection Regulation (GDPR) is a regulation, but the Data Protection Directive for Law Enforcement is a directive.
European Data Protection Board (EDPB) #
An independent European body that ensures consistent application of data protection rules throughout the EU. The EDPB is composed of representatives from the national data protection authorities of each EU member state, as well as the European Data Protection Supervisor.
General Data Protection Regulation (GDPR) #
A regulation that sets out a single set of rules for the protection of personal data in the EU. The GDPR applies to all organizations operating within the EU, as well as those outside the EU that offer goods or services to EU citizens or monitor their behavior.
Personal Data #
Any information relating to an identified or identifiable natural person. Personal data can include name, identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing Principles #
The GDPR sets out seven key principles for the processing of personal data: lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality.
Pseudonymization #
The processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information. Pseudonymization can reduce the risks associated with data processing, but it does not eliminate them entirely.
Regulation (EU) #
A legislative act of the European Union that is directly applicable in all member states without the need for national legislation. For example, the General Data Protection Regulation (GDPR) is a regulation.
Right to Access #
The right of a data subject to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, and, where that is the case, access to the personal data and information regarding the processing.
Right to Erasure #
The right of a data subject to have the data controller erase their personal data without undue delay. This right is also known as the "right to be forgotten."
Right to Object #
The right of a data subject to object to the processing of their personal data, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on point (e) or (f) of Article 6(1) of the GDPR.
Special Categories of Personal Data #
Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation. Special categories of personal data require additional safeguards for processing.
Supervisory Authority #
An independent public authority responsible for monitoring the application of data protection laws in each EU member state. The supervisory authority is responsible for ensuring that organizations comply with data protection laws and for handling complaints from individuals.
Transfer of Personal Data #
The movement of personal data from one organization or country to another. Transfers of personal data outside the European Economic Area (EEA) are subject to additional safeguards to ensure that the data is protected to the same standards as within the EEA.
Transparency #
The obligation of data controllers to provide clear and concise information to data subjects about the processing of their personal data, including the purposes of the processing, the categories of personal data concerned, and the recipients of the personal data.
Whistleblowing #
The reporting of wrongdoing or illegal activity within an organization. Whistleblowing can raise data protection issues, particularly if the whistleblower discloses personal data about other individuals.