On 11 December 2017, the Article 29 Working Party (Art 29 WP) published its draft guidance on transparency. The guidelines are open for consultation until 23 January 2018.
The Art 29 WP analyse the elements of transparency required by the General Data Protection Regulation (GDPR). They also provide further details on the information that data controllers must provide to data subjects, specifically in relation to Articles 12 and 13.
1. The concept of transparency
Transparency is a key concept of the GDPR. It is fundamentally linked to the GDPR’s central principles of fairness and accountability.
Under Article 4(2) of the GDPR, data controllers must be able to demonstrate that the personal data they process is processed transparently.
2. The elements of transparency
Article 12(1) requires that any information that is given to data subjects is provided:
- in a concise, transparent, intelligible and easily accessible form;
- using clear and plain language;
- in writing, or by other means;
- where requested by the data subject, orally; and
- free of charge.
The Art 29 WP analyse each of these elements. Continue Reading