[gnso-rds-pdp-purpose] Fwd: Re: Purpose Frameworks
Kathy Kleiman
kathy at kathykleiman.com
Thu Apr 7 20:29:04 UTC 2016
Hi Susan and Lisa,
If it is still open, I volunteer to summarize the Article 29 Data
Protection Working Group's "Opinion 03/2013 on Purpose Limitation"
adopted by April 2, 2013.
In many ways, this is just the piece we have been looking for to
understand what "purpose" means in the EU, and what the "purpose
limitation" requires under the EU Data Protection Directive. It answers
many questions we have been raising about the law and framework of
"purpose," including:
+ /if under the EU Data Protection Directive, personal data must be
"collected for specified, explicit and legitimate purposes and not
further processed in a way incompatible with those purposes," //then
what is "a specified purpose," "how does a purpose become explicit," and
what purposes are "legitimate?" /All discussed in detail!
/
/Further, it has sections addressing the natural follow-up question:
what is "compatible use?" This decision discusses at length the legal
limitation for "further processing" of personal data -- which must be
not incompatible with the original purpose for which the data was
collected in the first place.
If someone has already summarized this opinion, how might I find that
summary?
Also, can we post the article by Hunton & Williams (global law firm) in
its Privacy & Information Security Law Blog titled: "/Article 29 Working
Party Clarifies Purpose Limitation Principles; Opines on Big and Open
Data." /The writers provide a concise overview of the Article 29 Working
Party's 70-page decision above is in clear language (hooray!). It
provides a readable overview of this decision that "goes to the heart of
data protection law and is relevant to virtually all data controllers
processing personal data in the EU."
I think it would help the full WG to provide access to it -- link:
https://www.huntonprivacyblog.com/2013/04/09/article-29-working-party-clarifies-purpose-limitation-principle-opines-on-big-and-open-data/
I'm happy to summarize it.
Best and tx,
Kathy
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