General Data Protection Regulation is the ordinance set on European Union data privacy and protection. This act came into existence on 25th May 2018 in the United Kingdom. This regulation is formulated to boost up the data protection and privacy rights for Europe individual citizens. The basic purpose of the General Data Protection Regulation is to give privacy rights to the citizens and individuals over their private data and to give the simple and accessible domain to maintain international business regulation within the European Union. Regarding GDPR for law firms, the most crucial thing to understand is how these firms collect, compile, and use personal data of employees and customers.
GDPR is composed of two parts that are “Processor” and “Controller”. The purpose of a processor behind it is to process the data. And the controller performs the function of how and why the data is needed to be processed. Law firms are the best example of the controller you can take.
Guidelines for Lawyers related to the General Data Protection Regulation. Some important guidelines are depicted regarding GDPR for law firms need to consider and evaluate.
• The greater emphasis of GDPR is on accountability. Accountability refers to the record of accurate data you keep and handle. How the data should be collected and data collection must be lawful.
• Moreover, the firms should be able to exhibit and express that you are managing and organizing the personal data according to the rules of regulations of General Data Protection. It is the responsibility of the firms that they are authorized to supply details of data on request, data they are holding and to demonstrate how it is to be used.
• Acquiescence under the General Data Protection Regulation must be easily accessible, it is specific and particular, it is unambiguous and must be according to the individual’s wishes. It is important for the law firms to examine and review how they will collect and take a record of the acquiescence.
• Processing of personal data must be according to the lawful ways. It is essential for law firms to analyze their lawful basis for the processing of lawful data and documentation.
• Some new rights and rules are originated by the General Data Protection Regulations for their individuals. Law firms must be sure that they give authority to their individuals to give a wide range of individual rights such as the most important right is to give the rights of access, Right of adjustability, the right of forgotten also included in it.
Now, it is considered that the responsibility of data protection is now in the hands of law firms IT department is no longer responsible for it.
Special Category Data
Special Category Data also knew as Sensitive Category Data. The protection of these data is a bit different from other categories it needs extra care and protection related to the privacy of special category data. It is needed to determine the important procedures of Special Category Data under the guidelines of the General Data Protection Regulation. The new and different about this category is all the conditions must be satisfied that is elaborated in Article 9. Special category data contain information of the individual related to
• Biometric information
• Health life
• Trade relationship
• Many more
Like, This type of data really needed to be secured because such things create some serious risks to a person’s personal rights and freedom.
Data Privacy Impact Assessment
Data privacy impact assessment helps you to lessen privacy risk some specific type of data processing required in this category. Data privacy impact must include in describing the nature, purpose, context, and scope of the data processing, it is necessary to examine and measure the risks to individuals and do the proper decision making to mitigate those risks. Some strong examples are quoted below in which Data Privacy Impact Assessment would be carried out
• When new and modern technologies are used
• While tracking people’s behaviour and location
• While processing the children’s data
• If you are constantly monitoring public place on large scales
Data Privacy Impact Assessment is an important requirement of the General Data Protection Regulation. Using Data privacy impact assessment gives awareness related to privacy and data protection issues.