Glossary of terms
A data controller is a term used in data protection and privacy laws, such as the General Data Protection Regulation (GDPR) in the European Union. Here’s a definition, main features, and scope of a data controller:
A data controller is a natural or legal person, public authority, agency, or other body that determines the purposes and means of processing personal data.
Main Features
1. Determines the purposes for processing personal data: The data controller decides why personal data needs to be collected and processed, such as for marketing, service provision, or legal compliance purposes.
2. Determines the means of processing personal data: The data controller decides how personal data will be processed, including the methods, tools, and technologies used for collecting, storing, analyzing, and transferring the data.
3. Responsible for data protection compliance: Data controllers are responsible for ensuring compliance with data protection laws and regulations, such as the GDPR. They must implement appropriate technical and organizational measures to protect personal data and respect the rights of data subjects (individuals whose data is being processed).
4. Maintains records of processing activities: Data controllers are required to maintain records of their data processing activities, including the purposes, categories of data subjects, types of personal data processed, and data recipients.
5. Conducts Data Protection Impact Assessments (DPIAs): When processing activities are likely to result in a high risk to the rights and freedoms of individuals, data controllers must conduct DPIAs to assess and mitigate potential risks.
The scope of a data controller encompasses various entities and activities, including:
1. Organizations: Companies, non-profits, government agencies, and other entities that collect and process personal data for their own purposes are considered data controllers.
2. Online activities: Websites, mobile applications, and online platforms that collect and process personal data are subject to data controller responsibilities.
3. Offline activities: Traditional businesses, such as retail stores, banks, and healthcare providers, that process personal data in physical forms (e.g., paper records, customer interactions) are also considered data controllers.
4. Service providers: Organizations that process personal data on behalf of data controllers are considered data processors and are subject to specific obligations under data protection laws.
The role of a data controller is crucial in ensuring the privacy and protection of individuals’ personal data, as they are responsible for determining the purposes and means of data processing and ensuring compliance with applicable data protection laws and regulations.
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