Legal Requirements for Data Collection and Storage

proportionality and minimization. The data collected must be proportionate to the purpose of the identification system in order to avoid unnecessary data collection and «functional slippage», both of which can lead to privacy risks. This is often worded in such a way that only the «minimum necessary» data – including transaction metadata – should be collected to achieve the intended purpose. In addition to user consent, numerous legal and regulatory frameworks – including the OECD Data Protection Framework, Chapter 3 (OECD 2013) and the International Covenant on Civil and Political Rights, General Comment 16 on Article 17 (UN 1988), Council of Europe Convention 108+ (CoE 2018) and the APEC Data Protection Framework, Article 23c (APEC 2004) – include the rights of access of individuals, Review, rectify and delete personal data concerning them. Even in a mandatory identification system, the «right to erasure» or the «right to be forgotten» could arise in relation to certain aspects of personal data, such as biometric data (in particular genetic material), a previous married surname or the names of the biological parents of an adopted child (see, for example, Kelly & Satola 2017, Kindt 2013, Chadwick 2014). Legal measures ensuring the right of access, review, rectification and erasure of personal data should be put into practice through clear administrative procedures and technical measures of personal control and redress in the event of complaints. 16.4 Does the Data Protection Authority exercise its powers over companies established in other jurisdictions? If so, how is this implemented? obligations to raise public awareness of the rights of individuals and the responsibilities of such bodies that store and process personal data; and the obligation to pay particular attention to the data protection rights of children and other vulnerable persons. In terms of existing frameworks, the European Union`s (EU) General Data Protection Regulation (GDPR) of 2016 is the latest example of comprehensive data protection and privacy regulation, setting a new threshold for international best practice. Building on existing principles (e.g.

the OECD Principles on Data Protection), it has become an important reference point for global work in this area. Article 5 of the GDPR enshrines the basic principles described above, according to which the collection, storage and use of personal data must be: One of them, as we`ve already explained in our compliance guide for enterprise data storage, is benchmarking compliance frameworks. If you do, you`ll find that many of the compliance systems companies face, from GDPR to CCPA, require the same type of actions, processes, and plans. Let`s break down these key elements. In South Africa, the Protection of Personal Information Act 4 of 2013 (most of which were not yet in force as of August 2018) requires the information regulator, the national supervisory authorities, to notify breaches of breaches as soon as possible after discovering the breach – taking into account the legitimate needs of law enforcement authorities or any action: reasonably necessary to determine the extent of the compromise and the integrity of the responsible party`s information system. The notification must contain sufficient information to enable the data subject to take protective measures against the possible consequences of the data breach. The information regulator may order the responsible party to disclose information about the security breach if doing so would protect those who may be affected (South African Personal Information Protection Act 4 of 2013, section 22). Some state laws require data breaches to be reported to a state agency or attorney general under certain conditions. The information to be submitted varies from state to state, but generally includes a description of the incident, the number of individuals affected, the type of information disclosed, the time of the incident and discovery, the measures taken to prevent future events, copies of communications sent to affected individuals, and any services offered to affected individuals, such as credit monitoring. 18.2 What are the «hot topics» currently at the centre of the Data Protection Authority`s concerns? The Gramm Leach Bliley Act (GLBA) (15 U.S. Code § 6802(a) et seq.) governs the protection of personal data in the hands of banks, insurance companies, and other companies in the financial services industry. This law deals with «non-public personal data» (NPI), which includes any information that a financial services company collects from its customers in the course of providing its services.

It imposes an obligation on financial services firms to protect NPIs, restrict the disclosure and use of NPIs, and notify clients when NPIs are unreasonably exposed to unauthorized persons. The Federal Act on Computer Fraud and Misuse has been used to assert legal claims against the use of cookies for behavioral advertising, as cookies allow «deep inspection» of packets from the computer on which they are placed. At least two states, California and Delaware, require disclosures when cookies are used to collect information about a consumer`s online activities across different websites or over time. Mandatory disclosure includes how the operator reacts to so-called «Do Not Track» signals or similar mechanisms. 11.2 Please describe the mechanisms that companies generally use to transfer personal data abroad in accordance with applicable transfer restrictions (e.g. Data Subject Consent, Performance of a Contract with the Data Subject, Approved Contractual Clauses, Compliance with Legal Obligations, etc.). Responsibility. The processing of personal data in accordance with the abovementioned principles should be supervised by an appropriate and independent supervisory authority and by the data subjects themselves. Most compliance frameworks stipulate that access controls must be in place to control access to data. However, the part of your data you need to place behind access control systems varies depending on the framework.

Before you dive in, it`s important to determine if you`ve taken the appropriate legal steps to protect yourself and your business when you start using the data you`ve collected from your users. To ensure that data collected through the above touchpoints complies with GDPR requirements, organizations should ensure that: These rights are specific to the law. Some laws restrict how a company can handle consumer data. For example, the CCPA allows California residents and Nevada Privacy Act allows Nevada residents to prohibit a company from selling that person`s personal information. The newly enacted CDPA provides for the right to restrict processing for the purposes of sales, targeted advertising and profiling. Europe`s comprehensive data protection law, the General Data Protection Regulation (GDPR), requires companies to obtain certain permissions to share data and gives individuals the right to access, delete, or control the use of that data. In contrast, the United States does not have a single law that covers the privacy of all types of data. Instead, it has a mix of laws that carry acronyms such as HIPAA, FCRA, FERPA, GLBA, ECPA, COPPA, and VPPA that only target certain types of data in particular (often outdated) circumstances. However, the best way to ensure public cloud compliance is to use your retention schedules to proactively plan your data storage needs. Frequent review and deletion of data can significantly reduce the amount you need to spend on storage, but to delete data responsibly, you need to research and codify how long you need to keep it.

This article is not a substitute for professional legal advice. This section does not create an attorney-client relationship or a solicitation of legal advice. As of May 2018, all 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands had laws requiring data breaches to be reported to data subjects, as defined in each law. These laws are triggered by the disclosure of personal information of a resident of the jurisdiction, so if a breach occurs involving residents of multiple states, multiple state laws must be followed. Most laws define a «system security breach» as unencrypted computerized personal information, but some states contain personal information in any format. The triggering of personal information varies by law, with most containing a person`s first or last name and last name as well as a data point, including the individual`s social security number, driver`s license or identification number, financial account number, or payment card information. Some states include additional trigger data points such as date of birth, mother`s maiden name, passport number, biometrics, employee identification number, or username and password.

The standard of notification is required ranges from unauthorized access to personal data, to unauthorized acquisition of personal data, to misuse or risk of damage to personal data. Most states require notification as soon as possible, and often within 30 to 60 days of discovering the incident, depending on the law. The information to be submitted varies from state to state, but generally includes a description of the incident, the types of information disclosed, the time and discovery of the incident, measures taken to prevent future events, information on measures individuals should take to protect themselves, information resources, and any services available to those affected, such as credit monitoring. However, due to uncertainty about data protection standards abroad, many countries restrict the offshore transfer of personal data. Such transfers may be permitted in certain circumstances or where data protection standards are considered adequate in a third country.