(Data Privacy). The Data Protection Act 2019 gives data subjects more control over how their data is used by organizations. In Section 25, the DPA provides principles of personal data processing which insist that any processing must be lawful, fair, and transparent, ensuring that consumers are aware of and consent to the use of their data that is in an organizations hands. It also necessitates for limitation of purpose which allows data processors and controllers to only use the data for the purpose they had described. These rights protect data subjects and allow them to have control over their personal information that is in the hands of businesses. (Data Privacy)
Section 26 of the Data Protection Act provides for the rights of data of data subjects. It provides that the data subjects are entitled to; be informed about the purposes for which their data will be used, to access their personal data held by data controllers or processors, and to object to the processing of any or all of their personal data. Further, they have the right to have any false or misleading data corrected, as well as the right to have such data about them deleted at their request or after a specified period.
These principles and rights create an obligation on data processors and controllers to process the data in line with the requirements of the Act lest they be met with fines. A privacy notice provides a mechanism by which organizations can meet these obligations to the data subject.
What Is A Privacy Notice?
A privacy notice is a document from an organization that explains how that organization processes personal data and how it applies data protection principles. It is an important way to help the data subjects make informed decisions about the data that the organization collects and uses.
What Is The Need Of A Privacy Notice?
Privacy notices are essential in that for organizations that collect personal data in that they serve the following functions:
- Legal Compliance: A privacy notice ensures adherence to the data protection Act and its subsequent regulations.
- Transparency: It promotes clarity by explaining what personal data is collected, why, and how it’s used, thus fostering trust between the organization and its customers/clients.
- User Consent: It may provide the procedures for obtaining consent, allowing individuals to make informed decisions about sharing their personal information.
- Risk Management: It helps the organization to identify and mitigate potential data breaches, unauthorized access, and misuse of personal data.
- Building Trust: Enhances reputation and fosters trust with stakeholders through transparent data handling practices.
What Is Contained In A Privacy Notice
A proper privacy notice should be crafted in a way that incorporates the following:
- The Information in the notice should be presented in a concise, transparent, intelligible, and easily accessible form, ensuring clarity for all who come across it.
- It should be written in clear and plain language.
- It should be delivered in a timely fashion usually while getting user consent
- It should be provided free of charge to ensure equitable access for all.
A good privacy policy ought to explain how the organization will collect, and store the data of data subjects, to ensure transparency in data processing practices. It also includes details on how the collected data will be used thus providing clarity to users regarding potential marketing or promotional activities.
Further, a good privacy notice should include information about cookies. These are files placed on your computer to collect standard login information and visitor behavior information. The notice should include information on what kind of cookies are used and how they are used as well as information on cookie management.
Finally, it should provide a way to reach the Data Protection Officer/ data controller in case of any questions or concerns.
Conclusion
Privacy notices play a crucial role in empowering individuals by granting them more control over their personal data. They also serve as a crucial opportunity for the organization to maintain the trust they have with their customers while upholding their compliance obligations under the law. Privacy notices therefore serve as an important cornerstone in fostering trust, compliance, and individual protection within the realm of personal data management and compliance to the Data Protection Act, 2019.
Date: 8th April, 2024 by: Anne Gathirwa
For more insights pertaining to this matter, you can reach the writer at annegathirwalaw@gmail.com. You can also contact us at MMS Advocates, Lower Duplex Apartments, LOWER HILL ROAD, or email us at info@mmsadvocates.co.ke