Since its introduction in May 2018, the General Data Protection Regulation (GDPR) has brought significant changes to data protection laws. The GDPR's primary goal is to protect the privacy rights of individuals and give them more control over their personal data. Data controllers play a critical role in achieving this goal, and it's essential for them to understand their responsibilities and obligations under the GDPR. In this blog post, we will discuss the traits and responsibilities of a data controller under the GDPR to help you understand your obligations.
A data controller is an individual or organization that determines the purposes and means of processing personal data. They are responsible for ensuring that personal data is processed in accordance with the GDPR. Data controllers can be companies, government agencies, or individuals.
One of the most critical traits of a data controller under the GDPR is compliance. Data controllers must comply with the GDPR's requirements, which include obtaining consent for processing personal data, providing individuals with access to their data, and ensuring that data is processed lawfully and transparently.
Data controllers are also responsible for demonstrating accountability. This means that they must show that they are complying with the GDPR's requirements. Data controllers must keep records of their data processing activities and conduct data protection impact assessments when necessary.
Under the GDPR, some data controllers must appoint a Data Protection Officer (DPO). A DPO is responsible for advising the data controller on GDPR compliance and for acting as a point of contact for individuals and supervisory authorities. Data controllers who are required to appoint a DPO must ensure that the DPO has the necessary resources and authority to carry out their duties effectively.
Data controllers must conduct regular risk assessments to identify potential risks to personal data processing. This includes assessing the likelihood and severity of risks and identifying appropriate measures to mitigate them.
Data controllers must ensure that data protection is integrated into the design and operation of their processing activities. This means implementing appropriate technical and organizational measures to ensure that personal data is protected from the outset.
Data controllers are responsible for ensuring that personal data is processed lawfully. This means that they must have a lawful basis for processing personal data. The GDPR provides six lawful bases for processing personal data: consent, performance of a contract, compliance with a legal obligation, protection of vital interests, public interest, and legitimate interests.
Data controllers must also ensure that personal data is processed transparently. This means that they must provide individuals with clear and concise information about how their personal data is being processed. This information must be provided in a transparent, intelligible, and easily accessible form.
Data controllers are also responsible for ensuring that individuals can exercise their data subject rights. These rights include the right to access personal data, the right to rectify inaccurate data, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing.
Data controllers must ensure that personal data is processed securely. This means that they must implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
Data controllers must notify supervisory authorities of
personal data breaches within 72 hours of becoming aware of the breach. They must also notify individuals affected by the breach without undue delay if the breach is likely to result in a high risk to their rights and freedoms.
Data controllers must ensure that any third-party processors they use are compliant with the GDPR. They must have appropriate contracts in place with processors that specify their responsibilities and obligations, including ensuring that personal data is processed in accordance with the GDPR.
Data controllers must also ensure that they have appropriate policies and procedures in place to manage personal data processing. These policies and procedures should be regularly reviewed and updated to reflect changes in the organization's operations or the regulatory environment.
Failure to comply with the GDPR's requirements can result in significant penalties, including fines of up to €20 million or 4% of global annual turnover, whichever is higher. Additionally, non-compliance can damage an organization's reputation and result in a loss of trust from customers and stakeholders.
In conclusion, data controllers play a crucial role in ensuring that personal data is processed in accordance with the GDPR. They must understand their responsibilities and obligations under the regulation, including lawful processing, transparency, data subject rights, security, and notification of data breaches. Additionally, data controllers must ensure that third-party processors are compliant with the GDPR, have appropriate policies and procedures in place, and regularly conduct risk assessments. Compliance and accountability are essential traits of a data controller under the GDPR, and data controllers must demonstrate these traits to fulfill their obligations. By understanding these traits and responsibilities, data controllers can protect the privacy rights of individuals and avoid penalties for non-compliance.
"Accountable allowed us to quickly establish Core Compliance with HIPAA as well as a firm foundation for our Security Program." - Michael H.
