We're hiring a customer service employee to work with non-sensitive customer data and have trained them in data protection.What must we include in their data processing authorization to comply with GDPR?
Understanding of the Legal Question
The user is seeking guidance on the necessary inclusions in a data processing authorization for a new customer service employee to ensure compliance with the GDPR. The question involves both the authorization this individual employee should have as well as the overarching compliance requirements when processing non-sensitive customer data. The inferred goal is to compile a compliant data processing authorization that respects GDPR mandates, reflecting the training the employee has received.
Plan for the Junior Lawyer:
Note: The junior lawyer is what we call a subsystem of Hotseat that completes helper tasks
Confirm Roles and Data Categories:
Identify if the employee will operate as a data controller or processor to tailor the authorization accordingly (Article 4 Definitions).
Confirm the non-sensitive categories of the personal data to be processed, ensuring the data does not fall under “special categories of personal data” (Articles 4 and 9).
Understand Data Processing Principles:
Review and compile the fundamental principles related to data processing as stated in Article 5, which should be reflected in the authorization documentation.
Ensure that data minimization and purpose limitation principles are captured (Article 5).
Legal Grounds for Data Processing:
Assess the legal basis on which the employee will process data, under Article 6, and reflect this in the data processing authorization.
Data Subject’s Consent and Rights:
If processing is based on consent, ensure specifics align with conditions set out in Article 7.
Acknowledge the rights of the data subjects as described in Chapter III, particularly access to data (Article 15) and the right to object (Article 21).
Obligations of the Controller or Processor:
Integrate controller obligations from Articles 24-31 into the authorization document, stressing particularly on the need for security of processing (Article 32).
If processing is by the processor, include contractual obligations as per Article 28.
Data Protection Officer (DPO) Interaction:
Specify any interaction or reporting lines with the DPO, where applicable, as per Article 37-39 requirements.
Drafting the Authorization Document:
Combine the findings from the previous steps to draft a data processing authorization that includes roles, data categories, processing principles, legal basis, data subjects’ rights, and security measures.
Ensure that the document reflects the specific context of customer service and complies with associated legal provisions from GDPR.
Final Review and Adaptation:
After drafting, align the document with any additional GDPR requirements specific to the company or sector.
Review the drafted authorization with a GDPR expert or DPO to ensure comprehensiveness.
Continuous Monitor and Training:
Plan periodic reviews of the authorization in light of new legal interpretations or guidance on GDPR.
Schedule ongoing GDPR training for the employee to ensure sustained compliance.
Definitions and Terms from the General Data Protection Regulation:
Non-sensitive data: Personal data that does not reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, or data concerning a natural person’s sex life or sexual orientation (Article 9).
Data controller: The natural or legal person who determines the purposes and means of the processing of personal data (Article 4).
Data processor: A natural or legal person who processes personal data on behalf of the controller (Article 4).
Data subject’s rights: The rights of individuals to access, rectify, erase, limit processing, and object to the processing of their personal data (Articles 12 to 22).
Data Protection Officer (DPO): A designated expert on data privacy who serves as a point of contact for supervisory authorities and data subjects (Articles 37 to 39).
Legal basis for processing: Conditions under which personal data processing is lawful, including consent, contractual necessity, legal obligations, vital interests, public interest, and legitimate interests of the controller (Article 6).
Data security: The use of appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access (Article 32).
Question Clarity Rating
Somewhat clear
Clarity Rating Explanation
The original question indicates the user’s intent to comply with GDPR and acknowledges the training of the employee in data protection. However, the question lacks specifics about the types of data processed and the nature of the processing activities. Since GDPR applies differently depending on these details, the question lacks some crucial context. The answer needs to make several assumptions about the user’s situation to provide a legally sound and actionable response.