Hunter Nelson

Data minimization is the concept of collecting the minimum amount of data needed to carry out the stated purpose and no more.  When conducting a data minimization evaluation you must ensure that the data collected is adequate and relevant to your stated purpose as well as limited. The onus is on the organization to document compliance with this principle.  We recommend documenting a review of this principle each time new personal data is collected or processed.  Conduct at least an annual audit of personal data that has been collected or processed to ensure that changes in the business have not impacted compliance with the data minimization principle.

The GDPR’s purpose limitation principle constrains the use of personal data to the original purposes or those purposes compatible with the original purpose.  There are a handful of pre-approved compatible purposes such as archiving purposes in the public interest, scientific and historical purposes, and statistical purposes. Under the GDPR, the burden falls on controllers and processors to document their purposes and reasoning behind them.  These must be documented externally to be transparent to the end user, and internally with regular audits. Care must be taken when deciding a purpose is compatible with the original.  An analysis must be conducted to determine compatibility and it’s a good idea to document the reasoning behind claiming a purpose is compatible with the original. Make sure to consider linkages to the original purpose, and consequences to the end user.

The first principle of the GDPR, Lawfulness Fairness and Transparency focuses mostly on the underlying reasons for collecting and processing personal information and how it will be used.  It outlines the need for a lawful basis for processing and discusses the 6 bases for processing that have been identified. The bases of consent is the most recommend basis and organizations would do well to ensure they establish proper consent collection mechanisms.  It ensures that data is collected fairly and that the collection does not present unjust injury to an individual or group of individuals, regardless of how many other individuals are unaffected.  It ensures that organizations are being transparent in the way they inform their users on the type of information that is collected and the way it will be processed and used.  The responsibility lies within the collecting organization to document compliance with principles of the GDPR.  Establishing a process for documenting a lawful basis for processing, fairness, and transparency in collection will leave organization prepared for regulatory scrutiny, help avoid lawsuits and fines.