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Complying with the Lawfulness Requirements
Organizations can ensure compliance with the lawfulness requirements by taking the following steps:
- Identify and Document Lawful Processing Grounds: Organizations should clearly identify and document the lawful grounds for processing personal information as defined in the data privacy legislation being implemented. These grounds include obtaining the individual’s consent, processing for the performance of a contract, compliance with a legal obligation, protecting the vital interests of the individual, pursuing the legitimate interests of the organization, or processing for historical, statistical, or research purposes.
- Obtain Valid Consent: When relying on consent as a lawful processing ground, organizations should ensure that the consent obtained is freely given, specific, and informed. Consent should be obtained prior to processing personal information, and individuals should be provided with clear information about the purpose and consequences of the processing. Organizations should maintain records of consent and provide mechanisms for individuals to withdraw consent if they choose to do so.
- Determine Legitimate Interests: If relying on legitimate interests as a lawful ground for processing personal information, organizations should conduct a legitimate interest assessment (LIA) to assess the necessity, proportionality, and impact on individuals’ rights and freedoms. The LIA should balance the legitimate interests of the organization against the rights and expectations of the individuals.
- Limit Processing to Specified Purposes: Organizations should ensure that personal information is processed only for specified purposes that are lawful, explicitly defined, and compatible with the original purpose of collection. Any further processing of personal information should be assessed for compatibility, and if deemed incompatible, separate consent or another lawful ground should be obtained.
- Adhere to Data Minimization Principles: Organizations should adopt data minimization practices, ensuring that personal information collected and processed is adequate, relevant, and not excessive for the purpose for which it is processed. Organizations should only collect and retain the necessary and pertinent information and avoid unnecessary data retention.
- Comply with Legal Obligations: Organizations must comply with all applicable legal obligations when processing personal information. This includes adhering to industry-specific regulations, contractual obligations, or requirements imposed by law enforcement or regulatory authorities.
- Establish Record-Keeping Processes: Organizations should establish record-keeping processes to demonstrate compliance with the lawfulness requirements. This includes keeping records of the lawful grounds for processing, consent obtained, and legitimate interest assessments conducted, as well as documenting any legal obligations that justify the processing of personal information.
By following these steps and adhering to the lawfulness requirements, organizations can ensure that their processing of personal information is conducted in a lawful and responsible manner.
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