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Privacy Principles and GDPR

Governance and privacy · 3 min read

Privacy isn’t just security

A doctor’s receptionist who locks your medical file in a safe has kept it secure. If they also asked for your salary, and passed your details to a marketing firm, they’ve broken your privacy, however good the safe was.

Security asks whether data is protected; privacy asks whether we should have it and how it's used.

Privacy is about how personal information is collected, used, shared and kept, and the rights of the people it’s about. Security protects information from unauthorised access, change or loss. Security supports privacy, but a perfectly secure system can still breach privacy if it collects data it doesn’t need, or uses it for purposes nobody was told about.

The seven principles

The seven GDPR privacy principles in plain words.

These GDPR principles mirror most privacy frameworks, such as the OECD guidelines:

PrincipleMeaning
Lawfulness, fairness, transparencyHave a legal basis for processing; tell people clearly
Purpose limitationCollect for specified purposes; don’t reuse it for something incompatible
Data minimisationOnly what’s adequate, relevant and necessary
AccuracyKeep it accurate and up to date
Storage limitationDon’t keep it longer than necessary
Integrity and confidentialityProtect it with appropriate security
AccountabilityThe controller can prove compliance

GDPR essentials

The controller decides why and how and stays accountable; the processor acts on instructions.
  • Scope: applies to processing personal data of people in the EU, including by organisations outside the EU that offer them goods or services or monitor them.
  • Roles: the controller decides the purposes and means; the processor acts on the controller’s instructions under a contract. The controller remains accountable, even if the processor causes the breach (the processor may be liable too).
  • Lawful bases: consent, contract, legal obligation, vital interests, public task, legitimate interests.
  • Data subject rights: access, rectification, erasure (“right to be forgotten”), restriction, portability, objection, and rights about automated decision-making.
  • Privacy by design and by default: built in from the start, with protective default settings.
  • Data protection impact assessment (DPIA): required before processing that’s likely to be high-risk.
  • Data protection officer (DPO): required for certain organisations.
  • Breach notification: to the supervisory authority without undue delay and, where feasible, within 72 hours of becoming aware; to the individuals without undue delay if the risk to them is high.
  • International transfers: only with an adequacy decision, standard contractual clauses, binding corporate rules or another approved mechanism.
  • Fines: up to 4% of global annual turnover or €20 million, whichever is higher, for the most serious breaches.
GDPR essentials: rights, DPIA, 72-hour breach notification, privacy by design, transfers, DPO.

Encryption reduces the impact of a breach, but it doesn’t replace the need for a lawful basis to process the data in the first place.

Other laws follow similar ideas: CCPA/CPRA in California, PIPEDA in Canada, LGPD in Brazil, DPDP in India, and HIPAA for US health data.

Auditing privacy

  • Is there an inventory of personal data and records of processing?
  • Is there a lawful basis and a privacy notice for each purpose?
  • Were DPIAs done for high-risk processing?
  • Are data subject requests handled within legal deadlines?
  • Are retention periods defined and enforced?
  • Are processors bound by contracts with appropriate terms?
  • Can the breach response process meet notification deadlines?
  • Are cross-border transfers covered by a legal mechanism?

Example. A mobile app asks for access to users’ contacts and location, though it only needs an email address to work. The data is encrypted and well protected. It still breaks data minimisation and purpose limitation, and probably transparency.

How the exam asks about it

If the question asks…The answer is usually…
Collecting more data than neededViolates data minimisation
GDPR breach notification deadline to the authority72 hours after becoming aware
Party that decides purposes of processingController
Assessment before high-risk processingData protection impact assessment
Who is accountable when a processor causes a breachThe controller (the processor may also be liable)
Difference between privacy and securityPrivacy covers appropriate use; security covers protection

In short

  • Privacy is about the appropriate collection, use, sharing and retention of personal information; security is one of the means to protect it.
  • Core principles: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; accountability.
  • Under GDPR, the controller decides purposes and means; the processor processes data on the controller's behalf under contract.
  • Data subjects have rights including access, rectification, erasure, restriction, portability and objection.
  • Personal data breaches likely to result in risk must be reported to the supervisory authority within 72 hours of awareness.
  • A data protection impact assessment (DPIA) is required for high-risk processing; privacy by design builds protection in from the start.
  • Cross-border transfers need a legal mechanism, such as adequacy decisions or standard contractual clauses.

Exam traps

  • Collecting more data than needed violates data minimisation, even if it's secured.
  • The controller remains accountable even when a processor causes a breach.
  • Encryption reduces breach impact but doesn't remove the need for a lawful basis.
  • A privacy impact assessment is done before processing starts, not after.
  • Privacy and security overlap but differ: a secure system can still violate privacy.

Slides

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CISA · Domain 5 · Governance and privacy

Privacy Principles and GDPR

Handling personal information fairly, not just securely: the seven privacy principles, the GDPR essentials (controllers, processors, rights, DPIAs, the 72-hour rule) and what the auditor checks.

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