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What is the meaning of storage limitation in relation to UK GDPR Article 5 (1 )(e)?
Storage limitation is one of the principles of data protection under the UK GDPR. It means that personal data should not be kept in a form that allows identification of data subjects for longer than is necessary for the purposes for which the data are processed. The UK GDPR does not specify any fixed time limits for different types of data, but rather requires data controllers to determine and justify the appropriate retention periods for their processing activities, taking into account factors such as the nature, scope, context and purposes of the processing, the risks to the rights and freedoms of data subjects, and the legal obligations and expectations of the data controller. Data controllers should also have a policy setting out standard retention periods where possible, and review the data they hold regularly to ensure that it is erased or anonymised when it is no longer needed. Data subjects have the right to request the erasure of their personal data if the data controller no longer has a lawful basis or a legitimate interest for keeping it. The UK GDPR allows for some exceptions to the storage limitation principle, such as when the personal data is processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to appropriate safeguards for the rights and freedoms of data subjects.Reference:
UK GDPR, Article 5 (1) (e) and (2)4
ICO Guide to Data Protection, Storage Limitation7
Which of the following is NOT a processor obligation?
Providing the controller with corporate information relating to its board members is not a processor obligation under the GDPR. The processor obligations under the GDPR are mainly the following:
To process the personal data only on documented instructions from the controller, unless required by law;
To ensure that persons authorised to process the personal data are bound by confidentiality;
To implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk;
To not engage another processor without the prior authorisation of the controller;
To assist the controller in fulfilling its obligations regarding data subject rights, data protection impact assessments, prior consultations, and data breach notifications;
To delete or return the personal data to the controller at the end of the service, unless required by law to store the data;
To make available to the controller all information necessary to demonstrate compliance and allow for audits and inspections.Reference:
Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 37-41
A privacy notice MUST NOT contain
the identity and contact details of the controller and, where applicable, the controller's representative and the data protection officer;
the purposes and legal basis of the processing;
the categories of personal data concerned;
the recipients or categories of recipients of the personal data, including any third parties or international organisations;
where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available;
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
the existence of the rights of the data subject, such as the right to access, rectify, erase, restrict, object or port the data, and the conditions or limitations on those rights;
the existence of the right to withdraw consent at any time, where the processing is based on consent;
the right to lodge a complaint with a supervisory authority;
whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;
the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
A privacy notice does not need to contain details of the processor's staff, as this is not relevant or necessary for the data subject to understand how their personal data is processed. However, the controller may need to inform the data subject if their personal data is shared with a processor, and provide the identity and contact details of the processor, as part of the information on the recipients or categories of recipients of the personal data.Reference:
Article 13 and 14 of the UK GDPR5
What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?
Schedule 3 of the Data Protection Act 2018 (DPA 2018) provides exemptions from some of the UK GDPR provisions for certain types of personal data processing, such as health data, social work data, education data, and child abuse data. These exemptions are intended to balance the rights and freedoms of data subjects with the public interest or the legitimate interests of data controllers in specific contexts. For example, the exemptions may allow data controllers to restrict the data subjects' access to their personal data, or to process their personal data without their consent, if complying with the UK GDPR would be likely to prejudice the purposes of the processing, such as the provision of health care, social work, education, or child protection. However, Schedule 3 of the DPA 2018 does not provide any exemption for credit checking agency data, which is personal data processed by credit reference agencies for the purposes of assessing the creditworthiness of individuals or organisations, or preventing fraud or money laundering. Credit checking agency data is subject to the UK GDPR provisions as normal, unless another exemption applies. For example, credit reference agencies may rely on the crime and taxation exemption in Schedule 2, Part 1, Paragraph 2 of the DPA 2018 if disclosing personal data to a data subject would be likely to prejudice the prevention or detection of crime, or the apprehension or prosecution of offenders.Reference:
Data Protection Act 2018, Schedule 31
ICO Guide to Data Protection, Exemptions2
ICO Guide to Data Protection, Credit3
Two businesses decide to work together to sell their products by mail order Orders are made via a single online website and they each use their existing employees to administer and update each other's orders on a single order system regardless of product.
Which of the below is CORRECT of the roles of the two businesses in relation to the single order system'?
The two businesses are both joint controllers of the information contained in the single order system, because they jointly determine the purposes and means of the processing. They have a shared purpose of selling their products by mail order and they agree on the means of processing by using a single online website and a single order system. Their decisions complement each other and are necessary for the processing to take place. The processing by each party is inseparable and inextricably linked. Therefore, they meet the criteria for joint controllership under the GDPR.Reference:
Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 16-24
