R314. Provide processing confirmation

Requirement

The system must provide confirmation to its users of whether or not it is storing and/or processing their personal data.

Description

Systems usually request information from the users, obtain it from third parties or collect it based on their interactions with the application. They should have a mechanism that allows users to request confirmation of whether or not the system is managing their personal information, even if it was not obtained from the users but from a third party.

Exceptions

  1. If the system is able to demonstrate that it is not possible to individually identify the users based on the information collected from them, this requirement is not applicable.

  2. The processing of the personal information might have scientific or historical research purposes or statistical purposes. If the system properly safeguards this information and if complying with this requirement seriously impairs those purposes, this requirement is not applicable.

  3. The processing of the personal information might have archiving purposes in the public interest. If the system properly safeguards this information and if complying with this requirement seriously impairs those purposes, this requirement is not applicable.

References

  1. GDPR. Art. 11: Processing which does not require identification.(2). Where the controller is able to demonstrate that it is not in a position to identify the data subject, articles 15 to 20 shall not apply.

  2. GDPR. Art. 15: Right of access by the data subject.(1). The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.

  3. GDPR. Art. 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.(2). Where personal data are processed for scientific or historical research purposes or statistical purposes, Union or Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18 and 21.

  4. GDPR. Art. 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.(3). Where personal data are processed for archiving purposes in the public interest, Union or Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18, 19, 20 and 21.

  5. ISO 27001:2013. Annex A - 18.1.4 When applicable, guarantee the privacy and security of personal information, as required by the relevant legislation and regulations.

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