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GENERAL DATA PROTECTION REGULATION (GDPR)

Jan. 22, 2019

France's data privacy watchdog has fined Google 50 million euros ($57 million), the first penalty for a U.S. tech giant under European Union's General Data Protection Regulation (GDPR), that came into force in May. Google has been fined for "lack of transparency, inadequate information and lack of valid consent" regarding ad personalization for users.

Salient Features of The European Union General Data Protection Regulation (GDPR): 

  • Objective: GDPR is aimed at protecting the personal data of EU residents in the new digital world. 

  • The definition of personal data now explicitly includes location data, IP addresses, and identifiers such as genetic, mental, economic, cultural or social identity of a natural person. 

  • The GDPR is based on "privacy by design", a concept that data processing procedures are best adhered to when they are integrated at the point at which the technology is created. 

  • New rights: EU residents will have stronger rights over their personal data such as – 
    • Right to be ‘forgotten’: They can ask data controllers to erase personal data under certain circumstances. 

    • Right to ‘Data portability’: They can ask service providers to port data out to another service provider. 

    • Right to ‘Prevent automated profiling’: This, for instance, prevents a software program from automatically rejecting a mortgage application or a visa request without human judgement being involved. 

    • Right to ‘informed consent’: Data controller will have to provide consent terms that are clearly distinguishable. 



  • Penalty: Flouting the rules can attract fines of up to 20 million euros ($24 million) or 4% of an organization’s global annual revenue, whichever is higher. 

  • Coverage: The regulation covers all the EU member states and citizens, so all global enterprises – regardless of where they are located – with operations or customers in EU must comply. 

Source : The Hindu

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