What information should I communicate to/share with individuals?

The GDPR gives individuals control over the processing of their personal data. In order to do this, transparency is key. This means you have to inform individuals whose data you process about your processing operations and the purposes. In other words, you have to explain who processes their data, but also how and why. Only if the use of personal data is 'transparent' for those involved, can they assess possible risks and make decisions about their personal data.

Under the GDPR you are obliged to share the following information with individuals:

  • the identity and contact details of the controller;
  • the purposes of the processing;
  • the legal basis of the processing (if legitimate interest, specific information about which legitimate interests relate to the specific processing, and about which  entity  pursues  each  legitimate  interest.)
  • the contact details of the controller;
  • the contact details of the DPO (if there is a DPO);
  • the recipients or categories of recipients of the data;
  • Information on whether the data will be transferred outside the European Economic Area (EEA) (where applicable: the existence or not of an adequacy decision or reference to the appropriate safeguards and how this information can be made available to data subjects);
  • the categories of personal data processed, when the data is not obtained from the individual.

In addition, the GDPR requires your organisation to provide the following information to ensure fair and transparent processing:

  • the retention period or, where this is not possible, the criteria used to determine this period;
  • the right to request access, erasure, rectification, restriction, objection and portability of personal data;
  • the right to lodge a complaint with a data protection authority;
  • if the legal basis for the processing is consent: the right to withdraw consent at any time;
  • in the case of automated decision-making, relevant information about the underlying logic and the intended consequences of the processing for the data subject;
  • the source of the personal data (if you did not directly receive it from the individual concerned;
  • whether the individual is required to provide the personal data (by law or by contract or to enter into a contract) and what the consequences of refusing to provide the data are.

 

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