IAPP-CIPPE-GlossaryTerms-2023-Final 100% Correct
IAPP-CIPPE-GlossaryTerms-2023-Final 100% Correct Accountability The implementation of appropriate technical and organisational measures to ensure and be able to demonstrate that the handling of personal data is performed in accordance with relevant law, an idea codified in the EU General Data Protection Regulation and other frameworks, including APEC's Cross Border Privacy Rules. Traditionally, accountability has been a fair information practices principle, that due diligence and reasonable steps will be undertaken to ensure that personal information will be protected and handled consistently with relevant law and other fair use principles. Accuracy Organizations must take every reasonable step to ensure the data processed is accurate and, where necessary, kept up to date. Reasonable measures should be understood as implementing processes to prevent inaccuracies during the data collection process as well as during the ongoing data processing in relation to the specific use for which the data is processed. The organization must consider the type of data and the specific purposes to maintain the accuracy of personal data in relation to the purpose. Accuracy also embodies the responsibility to respond to data subject requests to correct records that contain incomplete information or misinformation. Adequate Level of Protection A transfer of personal data from the European Union to a third country or an international organisation may take place where the European Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question, ensures an adequate level of protection by taking into account the following elements: (a) the rule of law, respect for human rights and fundamental freedoms, both general and sectoral legislation, data protection rules, professional rules and security measures, effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data is being transferred; (b) the existence and effective functioning of independent supervisory authorities with responsibility for ensuring and enforcing compliance with the data protection rules; (c) the international commitments the third country or international organisation concerned has entered into in relation to the protection of personal data. Annual Reports The requirement under the General Data Protection Regulation that the European Data Protection Board and each supervisory authority periodically report on their activities. The supervisory authority report should include infringements and the activities that the authority conducted under their Article 58(2) powers. The EDPB report should include guidelines, recommendations, best practices and binding decisions. Additionally, the report should include the protection of natural persons with regard to processing in the EU and, where relevant, in third countries and international organisations. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission. Anonymous Information In contrast to personal data, anonymous information or data is not related to an identified or an identifiable natural person and cannot be combined with other information to re-identify individuals. It has been rendered unidentifiable and, as such, is not protected by the GDPR. Anti-discrimination Laws Anti-discrimination laws are indications of special classes of personal data. If there exists law protecting against discrimination based on a class or status, it is likely personal information relating to that class or status is subject to more stringent data protection regulation, under the GDPR or otherwise. Appropriate Safeguards The General Data Protection Regulation refers to appropriate safeguards in a number of contexts, including the transfer of personal data to third countries outside the European Union, the processing of special categories of data, and the processing of personal data in a law enforcement context. This generally refers to the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules. This may also refer to the use of encryption or pseudonymization, standard data protection clauses adopted by the Commission, contractual clauses authorized by a supervisory authority, or certification schemes or codes of conduct authorized by the Commission or a supervisory authority. Those safeguards should ensure compliance with data protection requirements and the rights of the data subjects appropriate to processing within the European Union. Appropriate Technical and Organizational Measures The General Data Protection Regulation requires a risk-based approach to data protection, whereby organizations take into account the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity to the rights and freedoms of natural persons, and
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