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The PDPO defines “personal data” as information relating to an identifiable individual and establishes individuals’ rights to control their data as well as specific obligations on data controllers via six core privacy principles. As with many pieces of legislation, this one has been amended on numerous occasions – most recently with changes taking effect in 2021.
Considerations should be given when determining if personal data is being collected and that the PICS obligation applies; one key factor is that collecting this data triggers other legal requirements under the PDPO, such as complying with its six data protection principles.
Consideration should also be given to the purpose of data collection. If an individual only requires providing minimal personal data for a service, this likely does not constitute collection and the PICS obligation may not apply; on the other hand, if personal data must be gathered for one service then consent is likely required under PICS and that this may constitute collection under this obligation.
One key consideration often missed by individuals is the sensitivity of personal data being handled, especially where health or financial data is concerned. This typically requires extra protection.
In order to comply with the PDPO and ensure its protection, more steps may need to be taken depending on the sensitivity of personal data collected. These could include seeking consent from individuals as well as creating an effective security regime.
Additionally, the PDPO requires data users to inform data subjects prior to collecting their personal data of its intended uses and transfer. This requirement mirrors that set forth by EU GDPR.
As such, businesses should regularly review their processes to ensure compliance with the PDPO and an adequate legal basis for processing personal data. While it’s possible that government will adopt a more expansive definition of personal data in future legislation, businesses must still take careful steps to fulfill their obligations under this regime if they want to meet compliance obligations and protect customers’ rights while simultaneously satisfying data subjects’ expectations for trustworthiness.