How do you dispose of data under GDPR?
How to Dispose of Data under the GDPR
Data protection is among the most important concerns of any organization in today's digital world. The European Union enforces the General Data Protection Regulation, putting rigid guidelines on how personal data should be treated. Among the most important requirements associated with GDPR compliance is proper data disposal.
In this blog post, find out the key steps and best practices on how to dispose of data under the GDPR properly to keep your organization compliant and protect individual privacy rights.
Understanding GDPR Requirements for Data Disposal
It primarily aims to enable citizens to have more control over their personal data and to bring about a unification of different laws pertaining to the protection of data on the European Continent.
Some of the major principles behind the GDPR are lawfulness, fairness, transparency, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability. Regarding its disposal,
what is considered primarily is the limitation in storage and ensuring that it shall be securely wiped out when it is no longer needed.
Under Art. 5(1)(e) of the GDPR, personal data should be kept in a form permitting the identification of data subjects for no longer than necessary for the purposes for which the data are processed.
In this regard, an organization shall develop clear policies and procedures with respect to disposal, so that it complies with the GDPR.
Steps of Data Disposal under GDPR
1. inventory and Classification of Data
- Conduct Data Audit: All personal data an organization knows, classifies, and processes. It would need to know where the data is kept, who has access, and the purpose for the same.
- Categorize Data: Organize data into categories of sensitivity and retention needs. This enables defining the most suitable means of disposal for various data categories.
2. Implement Data Retention Policies:
- Define Retention Periods: The retention periods for different classes of data are defined in light of statutory and business needs. Ensure that such periods are documented and communicated to relevant stakeholders.
- Regular Review: There should be a periodic review of retention policies, which shall ensure compliance with the rules under GDPR and all other laws.
3. Secure Data Erasure Methods
- Electronic Data Destruction: Use safe erase options—overwrite, degauss, or encrypt prior to electronic data destruction. Check that the mentioned techniques comply with independently approved standards like NIST 800-88 or ISO/IEC 27001.
- Physical Destruction: In the case of physical media, like hard drives or USBs, shredding, crushing, or incineration is carried out. Partner with certified data destruction vendors for secure disposal.
- Verification: Run periodic checks for competing data erasure and ensure data is completely and irretrievably destroyed. This can be done through audits and obtaining certificates of destruction from third-party vendors.
4. Develop Data Disposal Processes
- Automated Processes: As much as possible, automate data disposal procedures in order to bring uniformity and reduce as much as possible the risk of human error.
Utilize data management software of a nature that allows the automation of deletion or destruction of data according to predefined retention schedules.
- Manual Processes: Where facilities are not automated, set in clear procedures for the manual disposal of data. Train employees in those processes to ensure compliance.
5. Documentation and Accountability
- Record Keeping: Show details of each and every data disposal activity. Document items like the type of data disposed of, the method used, the date of disposal, and the people involved.
- Audit Trails: Implement audit trails for all data disposal activities for evidential proof in the case of audits or regulatory investigations.
6. Regular Audits and Reviews
- Internal Audits: Carry out periodic internal audits to review data disposal practices for compliance with the GDPR. Address any gaps or deficiencies identified during audits.
- Third-Party Audits: These independent third-party auditors will not only validate your data disposition process but also provide an audited external perspective when it comes to compliance.
Best Practices for GDPR-Compliant Data Disposal
1. Employee Training and Awareness
- Training Programs: Conduct regular training programs for employees so as to make them aware of the provisions and norms of the GDPR about secure data destruction.
- Policy Communication: The organization needs to inform all employees about the adoption of its data retention and disposal policies. Update and communicate these policies regularly.
2. Data Minimization
- Minimize Data Collection: Only collect those data that are needed for some purpose. Try to avoid collection of extra or irrelevant data which would add to the burden of secure disposal.
- Regular Data Cleansing: Clean prefixed databases from redundant and non-required data periodically to reduce the quantum of data that has to be securely disposed of.
3. Collaborate with Reputable ITAD Providers
- Certified Providers: Collaborate with ITAD providers certified for industry best practices concerning data destruction. Ensure they bear certifications like NAID AAA, R2, or e-Stewards.
- Service Agreements: Clearly stipulate the responsibility, methods of data destruction, and documentation with the ITAD providers under service agreements.
Conclusion
Proper disposal of data under the GDPR is both a way to protect personal data and to comply with regulatory provisions. By implementing the steps and best practices outlined in this article, businesses are ensured that data will be safely wiped out when not needed anymore.
Proper employee education, therefore, must be regularly conducted and also cooperated with certified ITAD providers as an integral part of a valid GDPR-compliant Data Disposal Strategy. Conforming to these measures would mean that,
in addition to compliance, trust with customers and stakeholders will be enhanced through the manifestation of commitment to data privacy and security.
