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General Data Protection Regulation (GDPR)
Upper Iowa University is addressing the requirements of the European Union’s (EU) General Data Protection Regulation (GDPR), which will come into effect on May 25, 2018. Questions or inquiries can be directed to email@example.com.
GDPR replaces the former Data Protection Directive 95/46/EC. GDPR was designed to harmonize data privacy laws across Europe, to reshape the way organizations approach data privacy, and strengthen and unify data protection for EU data subjects.
EU data subjects are individuals physically residing in the EU, irrespective to nationality or permanent place of residence. This includes members of the UIU community who may be residing (permanently or temporarily) in the EU, and EU residents who attend UIU.
The video below has a simple overview of the rights GDPR introduces:
Any individual affiliated with Upper Iowa University may exercise the rights introduced with the GDPR by accessing our different portals, using the required login credentials, or by contacting firstname.lastname@example.org. Requests are evaluated on a case-by-case basis.
What is GDPR?
The General Data Protection Regulation (GDPR) is the new European Union (EU) privacy law governing how institutions handle personal data of EU citizens. The regulation goes into effect on May 25, 2018. Fines for failing to comply can be up to €20,000,000 or 4% of an institution's annual revenue.
GDPR outlines several rights of the individual for explicit consent on how personal data can be used, processed, transmitted, as well as how any such data must be protected. As part of compliance, an institution must document the processes it has in place for collecting, using and managing personal data, and maintain records of consent for such data.
What are the GDPR principles?
As general principles, GDPR says personal data must be:
- Processed fairly, lawfully and in a transparent manner
- Collected for specified, explicit and legitimate purposes and not further processed for other purposes incompatible with the original purpose
- Adequate, relevant and limited to what is necessary in relation to the purposes
- Accurate and kept up to date, rectified without delay
- Kept in a form that permits identification no longer than is necessary
- Processed in a way that ensure appropriate security of the personal data
How is personal data defined?
Personal data" means any information relating to an identified or identifiable natural person ("data subject"). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as:
- a name
- an identification number
- location data
- online identifier
- or to one of more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person
When are we allowed to process personal data?
The conditions for processing personal data under GDPR include:
- Consent of the data subject
- Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
- Processing is necessary for compliance with a legal obligation
- Processing is necessary to protect the vital interests of a data subject or another person
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
What is required for consent?
There are several requirements to establish consent under GDPR:
- Consent must be freely given, specific, informed and unambiguous.
- Consent requires some form of clear affirmative action. ("Opt-out" or silence does not constitute consent)
- Consent must be demonstrable. A record must be kept of how and when consent was given.
- Individuals have the right to withdraw consent at any time.
What rights does the individual have under GDPR?
The GDPR provides the following rights for individuals:
- The right to be informed
- The right of access
- The right to rectification
- The right to erase
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling