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definition-of-personal-data-in-gdpr

What is Personal Data Under GDPR?

The General Data Protection Regulation (GDPR) is an essential aspect of information personal privacy regulations in Europe making sure that people's personal data is protected throughout all participant states. A vital element of GDPR conformity is recognizing what comprises "personal data." In this blog post, we will look into the interpretation of personal data in GDPR, discover its range, review its value and examine real-world instances for better understanding.

What is Personal Data Under GDPR?

Article 4(1) of the GDPR defines personal data as any kind of information connecting to a determined or recognizable natural individual, that is, data subject.  This includes a wide variety of information that can directly or indirectly recognize a person. 

Learn the Basics about What is Data Privacy

Key Elements of Personal Data:

  1. Identified or Identifiable Natural Person: An individual is considered to be recognizable if they can be acknowledged directly or indirectly to various other details such as a name, phone number, geographical information, etc.

  2. Any kind of Information: This wide expression covers whatever from standard information like an individual's name to delicate information like biometric or genetic details. 

Examples of Personal Data:

  • Direct Identifiers: Names, e-mail addresses as well as telephone numbers. 

  • Indirect Identifiers: IP addresses, cookie identifiers, coupled with pseudonymous information that can be mapped back to a person. 

For example, if a firm stores a client's IP address together with their surfing background this makes up personal data under GDPR.

Also, Learn about What is Data Privacy Management

Special Categories of Personal Data

In addition to general personal data, GDPR also recognizes special categories that require enhanced protection. Under Article 9, special categories include data revealing:

  • Racial or ethnic origin

  • Political opinions

  • Religious or philosophical beliefs

  • Trade union membership

  • Genetic data

  • Biometric data (for identifying a person)

  • Health data

  • Data concerning a person’s gender

Also, Get to Know Who is Data Protection Officer

Why Do These Categories Matter?

The handling of special category data is subject to stricter rules because of its sensitive nature. For instance, a hospital storing genetic information for research must ensure compliance with GDPR’s heightened security requirements.

What Does Not Qualify as Personal Data?

GDPR distinguishes personal data from confidential information. If information is anonymized such that it can not recognize a person, directly or indirectly, it drops outside the extent of GDPR.  Nevertheless, pseudonymized information where identifiers are changed with labels however can still be re-associated with people, continues to be shielded under GDPR.

  • For instance, a dataset including cumulative stats concerning website visitors such as "100 customers went to France" is considered to be anonymized if it has no identifiable information about the people.

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Importance of Defining Personal Data

Comprehending what comprises personal data is important for companies to make sure GDPR conformity. Misinterpreting this definition can result in extreme repercussions consisting of penalties of as much as EUR 20 million or 4% of yearly turnover, whichever is higher. 

In 2020, Google was fined EUR 50 million by the French information defense authority (CNIL) for lack of transparency in exactly how it processed customers' personal data. Google's failing to get appropriate consent for customized advertising and marketing highlighted the significance of sticking to GDPR concept and interpretation.

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How GDPR Defines “Processing” of Personal Data?

Processing includes any operation performed on personal data, whether automated or manual. Article 4(2) provides a non-exhaustive list of activities, including:

  • Collection

  • Recording

  • Organization

  • Structuring

  • Storage

  • Alteration

  • Retrieval

  • Use

  • Disclosure

For example, A retail company collecting customer email addresses for a loyalty program is “processing” personal data under GDPR. Similarly, if the company uses these email addresses for marketing, it is engaging in another form of processing.

Learn What are the Core Functions of Data Privacy

Summary

The GDPR's meaning of personal data acts as the structure for its information security structure.  It includes any kind of details that can recognize a natural person whether directly or indirectly.  Unique groups of information call for extra safety measures because of their delicate nature. By comprehending as well as abiding by these interpretations companies can guarantee conformity, stay clear of substantial penalties and also secure people' legal rights.

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Definition of Personal Data in GDPR: FAQs

Q1. What is personal data under GDPR? 

Personal data is any type of details that connects to a determined or identifiable natural person consisting of names, e-mail addresses and also IP addresses. 

Q2. What are unique groups of personal data? 

These consist of sensitive information such as racial beginning, political opinions, health related information as well as biometric information that need improved security. 

Q3. Is anonymized information based on GDPR?

No, anonymized information is outside GDPR scope. Nevertheless pseudonymized information is still secured. 

Q4. What are instances of personal data?

Instances consist of an individual's contact number, e-mail address, home address and also biometric details like fingerprints. 

Q5. Why is understanding personal data crucial for GDPR conformity? 

Properly determining personal data aids companies to execute ideal procedures, prevent charges and also promote people' personal privacy and legal rights.

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Contact

support@thelegalschool.in

+91 6306521711

+91 9302549193

Address

5th Floor, D-7, Sector 3, Noida - Uttar Pradesh

Social

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© The Legal School

Contact

support@thelegalschool.in

+91 6306521711 | +91 9302549193

Address

5th Floor, D-7, Sector 3, Noida - Uttar Pradesh

Social

linkedin

© The Legal School