Wednesday, November 15, 2017

GDPR Using Standardized Icons In Order To Give In An Easily Visible, Intelligible And Clearly Legible Manner, A Meaningful Overview Of The Intended Processing.


The GDPR specifically provides for "icons" to be used to help explain if a person will be obligated to provide personal data and what the consequences will be. There is also quite a bit of discussion as to the utility of such icons, questioning if they will just create more confusion.

The sections of the GDPR addressing the use of icons are referenced below;

GDPR Citation (60) "The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. The controller should provide the data subject with any further information necessary to ensure fair and transparent processing taking into account the specific circumstances and context in which the personal data are processed. Furthermore, the data subject should be informed of the existence of profiling and the consequences of such profiling. Where the personal data are collected from the data subject, the data subject should also be informed whether he or she is obliged to provide the personal data and of the consequences, where he or she does not provide such data. That information may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner, a meaningful overview of the intended processing. Where the icons are presented electronically, they should be machine-readable. "

GDPR Citation (155)"In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. In particular, delegated acts should be adopted in respect of criteria and requirements for certification mechanisms, information to be presented by standardised icons and procedures for providing such icons. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. "

Article 12 Paragraph 6. "The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable."

Article 12 Paragraph 7. "The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons."

Article 70,Tasks of the Board, Paragraph 1(r)" provide the Commission with an opinion on the icons referred to in Article 12(7); "

No comments:

Post a Comment