Europe Under Review : Part 2 Of 8 – Data Collection

by Dentons

As the next in our series of “back to privacy basics”, we look the rules regarding collection and processing of personal data.

As we will do throughout this series, we take a look at the current position and what is current best practice for an organisation.  We will also briefly consider what the new Data Protection Regulation may mean in this area.

Data Collection

Data protection law requires all processing of personal data to be fair and lawful. Translating from data protection jargon this means ‘transparency’ and ‘legitimacy’.

For the processing to be “fair” or “transparent”, companies should ensure that certain, clear information is provided to individuals in advance of processing it.  Specifically, data controllers need to ensure that individuals are, so far as practicable, told:

  • who the data controller is
  • why the personal information is being processed
  • any further information which is necessary, having regard to the specific circumstances, to enable the processing in respect of the relevant individual, to be fair.

In practice this means clear and specific information being provided in privacy policies, marketing consents, employee handbooks, online policies etc.

In terms of ‘legitimacy’ (or “lawfulness”) the purpose for which the information is collected is key.  Data protection law will only permit its collection and subsequent processing if organisations can demonstrate the processing is for one of a defined list of conditions for processing.  This aims to ensure that personal data is only used for legitimate reasons.

For many organisations, the key purposes that it will be able to rely upon or are those for which it has collected the individual’s consent; where the processing is necessary in connection with contracted goods / services provided to the individual; and where required by law.

Organisations may also collect and process information where it is in the organisation’s “legitimate interests” to do so.  But this is a balancing act.  The collection and processing will not be permitted where the individual’s fundamental rights under data protection law override the interests of the organisation.

Best Practice

Organisations should ensure that sufficient notices are given to individuals whose personal information is collected.  This will involve employees, customers, business contacts, and any other correspondents.  And don’t forget about the information requirements for the use of cookies on websites.

Before undertaking any data collection, or embarking on a product development that will involve significant data collection, conduct a Privacy Readiness Assessment or Privacy Impact Assessment to identify personal data being collected and establish legitimate grounds for collection and processing.

Position under draft Data Protection Regulation

One of the real bug-bears of privacy regulators is the practice of treating privacy notices as “small print”, burying away details of processing.  Privacy notices should be seen as a way of being upfront and assuring customers of an organisation’s good privacy practices.

Expect this trend to continue should the draft Regulation pass into law in its current state.  The draft Regulation places a greater emphasis on enhanced transparency and requires that a much more extensive privacy notice is given to individuals.  The proposal is that a standard ‘privacy graphic’ is used with organisations being required to specify details of where the processing varies from the norm.

The well known conditions for processing will, fundamentally, remain the same.  This is definitely a case of ‘no news is good news’ for many organisations who rely on ‘legitimate interests’ (or private sector organisations anyway).  However, privacy notices will likely need to specify the legitimate interests in advance so this is an extra overhead.

The bad news for public authorities is that they will no longer be able to rely on this ground.

Next up in our series is the topic of data accuracy and proportionality.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dentons | Attorney Advertising

Written by:


Dentons on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.