What are the core requirements of data privacy regulations such as GDPR and CCPA?

Data privacy regulations, such as the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States, impose various requirements to protect the privacy and rights of individuals. Below are the core technical requirements of these regulations:

General Data Protection Regulation (GDPR):

  1. Lawful Processing:
    • Organizations must have a lawful basis for processing personal data. Consent is one such basis, and it should be explicit and freely given.
  2. Data Minimization:
    • Collect only the data that is necessary for the intended purpose. Avoid collecting excessive or irrelevant information.
  3. Purpose Limitation:
    • Process personal data only for the specific purposes for which it was collected, and inform individuals about those purposes.
  4. Accuracy:
    • Ensure that personal data is accurate and up-to-date. Take steps to rectify or erase inaccurate data promptly.
  5. Storage Limitation:
    • Retain personal data only for as long as necessary for the specified purpose. Implement data retention policies.
  6. Integrity and Confidentiality:
    • Implement security measures to protect personal data from unauthorized access, disclosure, alteration, and destruction.
  7. Data Subject Rights:
    • Enable individuals to exercise their rights, such as the right to access, rectify, erase, and restrict processing of their personal data.
  8. Data Protection Impact Assessments (DPIA):
    • Conduct DPIAs for high-risk processing activities to assess and mitigate potential privacy risks.
  9. Data Protection by Design and Default:
    • Integrate data protection measures into the development of systems and processes from the outset. Default settings should prioritize user privacy.
  10. Data Transfers:
    • If transferring personal data outside the EU, ensure that adequate safeguards are in place, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).

California Consumer Privacy Act (CCPA):

  1. Right to Know:
    • Provide consumers with information about the categories and specific pieces of personal information collected, the purposes of collection, and third parties with whom the data is shared.
  2. Right to Opt-Out:
    • Allow consumers to opt-out of the sale of their personal information to third parties.
  3. Right to Delete:
    • Enable consumers to request the deletion of their personal information.
  4. Non-Discrimination:
    • Do not discriminate against consumers who exercise their privacy rights. Provide equal service and pricing.
  5. Verifiable Consumer Requests:
    • Establish processes to verify the identity of consumers making requests to access or delete their personal information.
  6. Data Security:
    • Implement reasonable security measures to protect personal information from unauthorized access, disclosure, and destruction.
  7. Minors' Privacy:
    • Obtain affirmative consent for the sale of personal information of minors under the age of 16.
  8. Notice at Collection:
    • Inform consumers at or before the point of collection about the categories of personal information to be collected and the purposes for which it will be used.
  9. Data Brokers:
    • Register as a data broker and provide information about the collection and sale of personal information.
  10. Training and Record-keeping:
    • Train employees on privacy compliance and maintain records of consumer requests and how they were handled.