Approach for the Lawful Utilization of Historical Data under GDPR

Interestingly, Prajwala D Dinesh and I discussed the use of historical data last evening, particularly in relation to GDPR. We believe that sharing our thoughts on this could be beneficial.?

So, here are our thoughts on how you might approach the lawful use of historical data under GDPR.?

Industries have always relied on marketing. Now, picture a well-established Company with a history spanning over two decades, successful in its operations. This Company, having collected a significant amount of historical data over the years, now finds itself at a crucial juncture. As we explore data privacy intricacies, let's consider how this Company can thoughtfully use its historical data for future marketing efforts.?

Problem Statement:?

The difficulty here is working with data collected before the GDPR came into effect, especially prior to May 25, 2018. The broad consent that used to be okay might not meet the current GDPR standards, making the handling of historical data a bit tricky.?This Company is figuring out how to make sure that this large set of historical data follows the strict GDPR rules for their marketing efforts in the EU.?

Approach to Lawful Usage of Historical Data:??

1. Lawful Basis for Processing (GDPR Article 6(1)):?To align the client's historical data processing with GDPR, establishing a lawful basis is paramount. Article 6(1) identifies legitimate interests under Article 6(1)(f) as a pertinent legal basis?
2. Data Subject Consent:?Historical data lacks valid consent under updated GDPR standards. To mitigate the same, the business has to?obtain specific, informed, and unambiguous consent for the historical data, and?an examination of existing consent is imperative. EDPB Guidelines 05/2020, Sub-heading 8, Para 167, emphasizes reviewing consents collected before May 25, 2018. An in-depth investigation will determine the alignment of existing consents with GDPR provisions and their validity for historical data processing.?
3. Legitimate Interests Assessment (LIA) (GDPR Article 6(1)(f)):?Business operations likely align with legitimate interests. Preliminary findings indicate that pseudonymization is key in the balance of interest test (Article 6(1)(f)). A thorough Legitimate Interests Assessment (LIA) tailored to the business in this case, the marketing Company will provide insights into the nuances of this legal basis.?
4. Mapping Historical Data:?The Company's integral role as a designated free zone prompts a proactive recommendation: comprehensive mapping of historical data. This involves identifying datasets and purposes, implementing pseudonymization (Article 89(1)), and aligning with the business’s?commitment to innovation and global connectivity. Data mapping emerges as a tailored and proactive compliance strategy.?
5. Data Protection Impact Assessment (DPIA):?

Identifying and mitigating risks associated with it by conducting a DPIA to systematically evaluate the necessity, proportionality, and compliance of data processing activities. ?

The Company, by aligning its historical data usage with GDPR principles, sets a standard for the industry and is prepared for the upcoming data protection challenges. The path to using data lawfully isn't just about compliance; it's a strategic necessity for continued success in the ever-changing data privacy landscape.?

Why does it matter?

As new data protection laws, like India's DPDPA, emerge globally, companies everywhere should think about making their older data collections comply with these changing regulations. This proactive approach ensures not only compliance with current rules but also readies businesses for the future of data privacy.?