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Data minimisation is a fundamental principle of the Data protection-This principle is anchored in Article 5(1)(c) of the General Data Protection Regulation (GDPR). This principle states that personal data Data must be limited to what is necessary for the purpose of processing.
Companies and organisations are obliged to only use those Data and process only the data that is essential for the specific purpose. The principle of data minimisation serves several purposes:
- Protection of privacy: By limiting the data collected, the privacy of the data subjects is better protected.
- Risk minimisation: Reducing the amount of data processed reduces the Risk from data misuse and unauthorised use.
- Data security: A smaller volume of data makes it easier to back up and protect existing information.
The implementation of data minimisation requires companies and organisations to
- Careful analysis and planning of data processing procedures,
- regular reviews of the data collected to ensure that it is necessary and
- the Implementation technical and organisational measures to ensure data minimisation.
Compliance with this principle is not only a legal obligation, but also an important contribution to strengthening trust in data processing and protecting the rights and freedoms of data subjects.
Key Takeaways (TL;DR)
- Planned data minimisation is a central principle of the GDPR and requires data collection to be limited to the necessary minimum.
- Companies often show a lack of sensitivity when handling personal data and neglect to protect it.
- Unnecessary data collection and storage lead to an increased Risk for data breaches and should be avoided.
- Companies must provide transparent information about their data processing practices and fulfil information obligations towards data subjects.
- Data protection-Impact assessments are often neglected, although they can help to identify and minimise risks to the data protection rights of data subjects.
- Incorrect declarations of consent lead to invalid consents to data processing and are a frequent violation of the GDPR.
- Violations of data minimisation can lead to serious consequences and high fines under the GDPR.
Error 1Lack of sensitivity for personal data
A sense of responsibility in dealing with personal data
Companies must be aware of the sensitivity and responsibility that comes with processing personal data and ensure that they only collect and store the necessary information.
Ensuring compliance with the GDPR
It is therefore essential that companies and organisations review their processes and procedures for data processing and ensure that they comply with the requirements of the GDPR. This requires sensitising employees to the handling of personal data as well as clear guidelines and control mechanisms to ensure that data minimisation is adhered to.
Trust and privacy
Only by acting consciously and responsibly when handling personal data can companies gain the trust of data subjects and guarantee the protection of their privacy.
Error 2: Unnecessary data collection and storage
A common problem associated with data minimisation is the unnecessary collection and storage of data by companies and organisations. Often more information is collected than is necessary for the respective purpose, which leads to a violation of the principle of data minimisation. There can be various reasons for this, such as a lack of sensitivity to the handling of personal data or unclear internal guidelines on data collection.
Regardless of the cause, unnecessary data collection and storage is a violation of the GDPR and poses risks to the privacy of data subjects. To counteract this problem, it is important that companies and organisations review their data collection processes and ensure that only the necessary information is collected. This requires a precise analysis of the respective purposes and a clear definition of the required data.
In addition, internal guidelines and training must ensure that employees are sensitised to the handling of personal data and understand the importance of data minimisation. Only by consistently implementing the principle of data minimisation can companies ensure that they meet the requirements of the GDPR and strengthen the trust of data subjects in data security.
Error 3Lack of transparency and information obligations
| Category | Lack of Transparency and information obligations |
|---|---|
| The company | 30% of companies provide insufficient information about their data protection policies |
| Consumers | 50% of consumers feel insufficiently informed about the use of their personal data |
| Regulation | There are no uniform standards for the Transparency and information obligations in various industries |
Another problem in connection with data minimisation is the lack of transparency and information obligations on the part of many companies and organisations. Data subjects are often not sufficiently informed about which data is collected for what purpose and how long it is stored. This leads to a violation of the right to informational self-determination and poses a threat to privacy.
Companies must therefore ensure that they provide transparent information about their data processing processes and inform data subjects about their rights. To counteract this problem, it is important that companies comply with clear information obligations and ensure that data subjects are fully informed about the processing of their data. This requires transparent communication about the purposes of data collection, the categories of data collected and the storage period.
In addition, companies must ensure that data subjects are informed about their rights to information, rectification and erasure. Only through comprehensive transparency and compliance with information obligations can companies gain the trust of data subjects and guarantee the protection of their privacy.
Error 4Neglect of data protection impact assessments
Another problem associated with data minimisation is the neglect of data protection impact assessments by many companies and organisations. According to Article 35 GDPR, data protection impact assessments are mandatory in certain cases in order to assess potential risks to the rights and freedoms of data subjects. Despite this requirement, many companies neglect this obligation, which leads to insufficient consideration of data protection risks.
This constitutes a breach of the GDPR and harbours risks for the privacy of the data subjects. To counteract this problem, it is important that companies take the implementation of data protection impact assessments seriously and ensure that potential risks are adequately assessed. This requires a detailed analysis of the planned data processing processes and an assessment of the potential impact on the privacy of data subjects.
In addition, companies must ensure that they take appropriate measures to minimise risks and consult the data protection authority if necessary. Only by consistently implementing data protection impact assessments can companies recognise potential risks at an early stage and respond appropriately.
Error 5Invalid declarations of consent
Violation of the principle of voluntariness
Consent for data collection is often not obtained lawfully or is insufficiently documented, which leads to a violation of the principle of voluntariness. This constitutes a violation of the GDPR and the consents are therefore invalid.
Ensuring lawful consent
Companies must therefore ensure that they obtain and document consent lawfully in order to guarantee the principle of voluntariness. To counteract this problem, it is important that companies establish clear processes for obtaining consent and ensure that these fulfil the requirements of the GDPR. This requires transparent communication about the purposes of data collection and clear information about the rights of data subjects.
Voluntary and revocable consent
Furthermore, companies must ensure that consent can be given voluntarily and can be revoked at any time. Only by lawfully obtaining consent can companies ensure that they comply with the principle of voluntariness and strengthen the trust of data subjects in data security.
Consequences and fines for breaches of data minimisation
Violations of the principle of data minimisation can have serious consequences, including fines under Article 83 GDPR. Data protection authorities are authorised to impose fines of up to €20 million or 4% of global annual turnover, whichever is higher. These drastic sanctions are intended to ensure that companies and organisations take the protection of personal data seriously and comply with the requirements of the GDPR.
It is therefore essential that companies understand the importance of the principle of data minimisation and ensure that they consistently implement it in their data processing procedures. It is important that companies continuously keep themselves informed about current Developments in data protection law and adapt their processes accordingly to ensure the protection of personal data.
Only by carefully planning and reviewing their data collection and storage processes can companies ensure that they fulfil the requirements of the GDPR and avoid fines.
