- What is the General Data Protection Regulation?
The main objective of the new Regulation is to create an area of freedom, security and justice. Projects an economic union; as well as economic and social progress; the consolidation and convergence of the economies in the internal market; and the well-being of the people. Above all, it ensures the safeguarding of the fundamental right to the protection of personal data.
- What is the main purpose of the GDPR?
A processing of personal data is an operation or a set of operations carried out on personal data or on sets of personal data, by automated or non-automated means. For example, the collection; register; the organization; the structuring; conservation; the adaptation; the alteration; The recuperation; the query; the utilization; disclosure by transmission, broadcasting or any other form of making available; the comparison; the interconnection; the limitation; the erasure; The destruction.
- What is personal data?
Personal data is information relating to an identified or identifiable natural person.
- What is the processing of personal data?
A breach of personal data is understood as any breach of security that, accidentally or unlawfully, causes the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subjected to any other type of treatment.
- What constitutes a personal data breach?
A breach of personal data is understood as any breach of security that, accidentally or unlawfully, causes the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subjected to any other type of treatment.
- What's new with the GDPR?
Pseudonymization
Personal data must be processed in such a way that it can no longer be attributed to a specific, identified or identifiable data subject.
The consent
The consent of the data owner is now given through a clear positive act that indicates an expression of free, specific, informed and unequivocal will. Consent must be given for all purposes of personal data processing.
Prior control of the legality of the processing
The prior control of the legality of the treatments is entrusted to public or private organizations, which are responsible for the legality of all data processing, throughout the "life cycle" of personal data.
The new figure of the Data Protection Officer (DPD)
The new Regulation is characterized by the introduction of the Data Protection Officer in the organic reality of public and private entities. The EPD is in charge of controlling the legality of the processing of the entity where it is inserted, assuming greater responsibility and a leading role in decision-making related to these processing.
The European Data Protection Committee
With the entry into force of the new General Data Protection Regulation, a new body is created, whose main function is to ensure consistency in the application of the GDPR. Its main mission will be to resolve disagreements between the different control authorities of the different Member States.
- What are the rights of the interested parties?
Notwithstanding the existence of exceptions related to each one, these are the rights of the owners provided for in the General Data Protection Regulation:
Right to transparency
The right to transparency refers us to the principles of fair and transparent treatment that require the interested party to be informed of the data processing operation and its purposes.
Derecho de información
La información sobre el tratamiento de los datos personales relativos al interesado deberá facilitarse al interesado en el momento de la recogida del interesado o, en caso de que se hayan obtenido de otra fuente, en un plazo razonable, según las circunstancias.
Information right
Information on the processing of personal data relating to the data subject must be provided to the data subject at the time of collection from the data subject or, if obtained from another source, within a reasonable period of time, depending on the circumstances.
Right of access
Data subjects should have the right to access the personal data collected concerning them and to exercise this right easily and at reasonable intervals, in order to know and verify its legality.
Right of rectification
Data subjects should have the right to obtain, without undue delay, the rectification of inaccurate personal data concerning them, as well as incomplete personal data concerning them to be completed.
Right of erasure
The interested party has the right to obtain from the data controller the deletion of their personal data, without undue delay, and the data controller has the obligation to delete the personal data, without undue delay. However, this right, like the others, is not absolute.
Right to limitation of processing
The interested party has the right to obtain from the person responsible for the treatment the limitation of the treatment, in specific situations.
Right of portability
The new Regulation brings with it the novelty of the right to data portability, since the interested party has the right to receive the personal data that concerns him and that he has provided to a data controller in a structured, current and automatic reading, and the right to transmit this data to another controller.
Opposition right
The interested party has the right to oppose at any time, for reasons related to their particular situation, the processing of personal data that concerns them.
Right not to be subject to automated decisions
The interested party has the right not to be the object of any decision made exclusively on the basis of automated processing, including the definition of profiles, which produces effects in their legal sphere or which significantly affects them in a similar way.
