I am baffled by The particular Article 25 of GDPR is rarely seriously and meaningfully discussed in practice, not least because probably still almost nobody actually knows what the “data protection by design” even means.
This seems to be a confusion straight out of a five-stages of grief denial of GDPR principles.
Let's work this through:
Step 1: Are you collecting personal data?
Step 2: If so, are you obtaining consent prior to collecting this data?
Step 3: Are the instructions to the users transparent and understandable?
Step 4: Is your system designed to handle these?
Or is it hard, and since we haven't had to do it before, I would like to get out of this requirerment?
Hi, original author of the linked post here. Thanks for the input. However, consent is not related to the concept. In fact it's more about taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.
Additionally, the controller shall 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. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual's intervention to an indefinite number of natural persons.
This seems to be a confusion straight out of a five-stages of grief denial of GDPR principles.
Let's work this through:
Step 1: Are you collecting personal data?
Step 2: If so, are you obtaining consent prior to collecting this data?
Step 3: Are the instructions to the users transparent and understandable?
Step 4: Is your system designed to handle these?
Or is it hard, and since we haven't had to do it before, I would like to get out of this requirerment?