[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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