The General Data Protection Regulation (GDPR) is the most comprehensive data protection framework globally, shaping how organizations handle personal information. While much focus is on sensitive data categories, treating general data under GDPR is equally significant. What qualifies as general data, how it is regulated, and how it differs from sensitive personal data are critical considerations for businesses, legal professionals, and policymakers.
This article will explore GDPR's approach to general data, analyze its legal implications, discuss key enforcement cases, and compare GDPR's definition of general data with India's Digital Personal Data Protection (DPDP) Act, 2023.
What is General Data Under GDPR?
GDPR uses data classification standards that evaluate the character and degree of influence on individuals. Reports indicate that general data consists of all information except sensitive personal data. The statutes governing its processing methods depend upon specific conditions.
Personal Data vs. General Data
Under GDPR, personal data includes all information that can identify a person through direct or indirect methods, including names, email addresses, IP addresses, and location. All personal data comes with different levels of priority when handled in security protocols.
General data under GDPR includes information that is not inherently sensitive but still requires protection. Examples include:
Usernames (without additional identifiers)
Email addresses (if not linked to sensitive data)
Purchase history (without personal identifiers)
Publicly available data (if processed in a way that impacts individuals)
Data protection under GDPR involves two categories: general and sensitive personal data, which covers racial or ethnic origins and religious beliefs, biometric data, and health information records. To process these types of personal data, entities must obtain explicit consent while implementing strong security measures under Article 9 of GDPR.
Also, Get to Know What to Do When GDPR Is Breached
How GDPR Regulates General Data?
Even though general data is less protected than sensitive personal data, GDPR still imposes key obligations on organizations that collect, store, and process such data:
Lawful Processing (Article 6) – Organizations must have a legal basis (e.g., consent, contractual necessity, legitimate interest) before processing general data.
Transparency (Articles 12-14) – Individuals must be informed about how their data is used, even general data.
Data Minimization (Article 5(1)(c)) – Only necessary data should be collected and stored, ensuring general data is not processed excessively.
Right to Access & Erasure (Articles 15 & 17) – Individuals can access and request deletion of general data under certain conditions.
Accountability (Article 24) – Companies must document and justify their data processing practices, including general data usage.
Also, Learn What are all Data Privacy Rights?
GDPR Enforcement Cases Involving General Data
While most GDPR violations involve sensitive data breaches, several cases demonstrate how general data processing can result in regulatory action.
1. Google – €50 Million Fine (2019)
Google received a €50 million fine from CNIL because it did not clearly state how it handled user data regarding general information such as search histories and location selections. This case demonstrated that GDPR requires full transparency for all types of data processing, even when the data is non-sensitive.
Also, Get to Know Google's Data Privacy Practices
2. H&M – €35 Million Fine (2020)
The H&M interior database contained employee data, including non consensual collected personal opinion statements and typical work-related information. The sensitive nature of the stored data did not impact the GDPR fine because no valid reason existed for lawful processing.
3. Uber – €600,000 Fine (2018)
The authorities imposed a €600,000 fine on Uber because the company did not inform authorities about its driver and customer data breach. GDPR established stringent requirements regarding data security and breach alerts, even if the leaked information contained mostly ordinary customer information.
Organizations cannot correctly ignore GDPR requirements for data protection, no matter how non-sensitive the information is. Under GDPR, all data processing of general information requires transparency while also mandating security levels and valid legal authorization.
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General Data Under GDPR vs. DPDP Act, 2023
While GDPR and India's Digital Personal Data Protection (DPDP) Act 2023 focus on personal data protection, their approach to general data differs significantly.
Definition
GDPR does not explicitly define general data as a separate category, but it does regulate all personal data, including non-sensitive information, under its legal framework. Every type of personal data, including usernames and purchase history, requires legal transparency and accountability when subject to processing.
On the other hand, the DPDP Act 2023 focuses on sensitive and critical personal data, with fewer restrictions on general data. Under the legislation, data must have lawful processing but seeks special protection for highly sensitive personal information. Non-sensitive personal data under the DPDP Act faces less scrutiny for processing unless it relates to government security issues or public interest matters.
Also, Learn Legal Consequences of Data Privacy Breaches Under the DPDP Act, 2023
Enforcement
GDPR mandates severe consequences for non-compliance regarding personal data handling, which extends to all information types, including general items. The DPDP Act enforces its measures mainly to safeguard sensitive kinds of information. The framework of GDPR displays a broader and more strict method of data protection through its treatment of general information to maintain necessary safeguards.
Also, Get to Know What are the Data Privacy Laws in USA
Summary
GDPR defines general data as non-sensitive personal information that needs to follow data protection principles during handling. The GDPR lacks a discrete definition for general data but requires all forms of personal data to have proper, lawful measures, transparency, and security standards. Invalid general data handling by Google, H&M and Uber has triggered financial penalties for the companies. The DPDP Act of 2023 in India allows less restrictive control over general data than the GDPR. Organizations must conduct audit tests on their data, maintain transparent data practices, and collect minimal material to maintain data compliance. GDPR's definitions of general data must be understood entirely by law professionals and business operators.
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GDPR General Data: FAQs
Q1. Does GDPR protect general data the same way as sensitive data?
No. GDPR applies stricter regulations to sensitive data (e.g., health, biometrics), but general data still requires transparency, security, and a lawful processing basis.
Q2. Can companies collect general data without consent?
Yes, but only if another legal basis applies, such as contractual necessity or legitimate interest. Otherwise, consent is required.
Q3. What happens if a company misuses general data?
GDPR fines can apply if data is mishandled, even general data. Cases like Google and Uber show that transparency failures can lead to penalties.
Q4. How does GDPR's approach to general data differ from India's DPDP Act?
GDPR regulates all personal data strictly, whereas DPDP focuses more on sensitive and critical personal data, with fewer restrictions on general data.
Q5. What is the best way for companies to ensure GDPR compliance for general data?
Implement data audits, transparent policies, and transparency measures while minimizing unnecessary data collection.
