04-20-2013, 04:49 PM
Idea Solution
What does explicit mean and why is it necessary?
Personal data must be collected for explicit purposes. The purposes of collection must not only be specified in the minds of the persons responsible for data collection. They must also be made explicit. In other words, they must be clearly revealed, explained or expressed in some intelligible form. It follows from the previous analysis that this should happen no later than the time when the collection of personal data occurs. The ultimate objective of this requirement is to ensure that the purposes are specified without vagueness or ambiguity as to their meaning or intent. What is meant must be clear and should leave no doubt or difficulty in understanding. The specification of the purposes must, in particular, be expressed in such a way so as to be understood in the same way not only by the controller (including all relevant staff) and any third party processors, but also by the data protection authorities and the data subjects concerned. Particular care should be taken to ensure that any specification of the purpose is sufficiently clear to all involved, irrespective of their different cultural / linguistic backgrounds, level of understanding or special needs. The requirement that the purposes be specified 'explicitly' contributes to transparency and predictability. It allows unambiguous identification of the limits on how controllers are able to use the personal data collected, with a view to protecting the data subjects. It helps all those processing data on behalf of the controller, as well as data subjects, data protection authorities and other stakeholders, to have a common understanding of how the data can be used. This, in turn, reduces the risk that the data subjects' expectations will differ from the expectations of the controller.
What does explicit mean and why is it necessary?
Personal data must be collected for explicit purposes. The purposes of collection must not only be specified in the minds of the persons responsible for data collection. They must also be made explicit. In other words, they must be clearly revealed, explained or expressed in some intelligible form. It follows from the previous analysis that this should happen no later than the time when the collection of personal data occurs. The ultimate objective of this requirement is to ensure that the purposes are specified without vagueness or ambiguity as to their meaning or intent. What is meant must be clear and should leave no doubt or difficulty in understanding. The specification of the purposes must, in particular, be expressed in such a way so as to be understood in the same way not only by the controller (including all relevant staff) and any third party processors, but also by the data protection authorities and the data subjects concerned. Particular care should be taken to ensure that any specification of the purpose is sufficiently clear to all involved, irrespective of their different cultural / linguistic backgrounds, level of understanding or special needs. The requirement that the purposes be specified 'explicitly' contributes to transparency and predictability. It allows unambiguous identification of the limits on how controllers are able to use the personal data collected, with a view to protecting the data subjects. It helps all those processing data on behalf of the controller, as well as data subjects, data protection authorities and other stakeholders, to have a common understanding of how the data can be used. This, in turn, reduces the risk that the data subjects' expectations will differ from the expectations of the controller.
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