Data protection by design and by default
When developing, designing, selecting and using applications, services and products that are either based on the processing of personal data or process personal data to fulfil their task, data protection should be taken into account to make sure that controllers are able to comply with their data protection obligations.
Data protection by design
This approach is an essential tool in minimising privacy risks and building trust and can lead to benefits including:
- identification of potential problems at an early stage when addressing them will often be simpler and less costly.
- increased awareness of privacy and data protection at all levels across an organisation.
- compliance with the GDPR and less likelihood for fines or other sanctions
- actions which are less likely to be privacy intrusive and have a negative impact on individuals
The concept is summarised in the seven foundational principles published by the Information & Privacy Commissioner of Ontario, Canada.
Data protection by default
"Data protection by default" requires controllers to implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed.
This applies to the amount of data collected, the extent of their processing, the period of their storage and their accessibility. In particular, measures must ensure that personal data are not by default made accessible to an indefinite number of individuals without the individual’s intervention.
Controllers must demonstrate compliance with the principles of data protection by design and data protection by default by adopting internal policies and implementing measures which could consist of:
- minimising the processing of personal data,
- pseudonymising personal data as soon as possible,
- transparency with regard to the functions and processing of personal data,
- enabling the data subject to monitor the data processing,
- enabling the controller to create and improve security features.
Guidance is being developed in this area, but the UK Information Commissioner's site contains advice at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/data-protection-by-design-and-default/
(See Article 25 and Recital 78 of the Applied GDPR)