Accountability is a common principle for organisations across many disciplines; the principle embodies that organisations live up to expectations for instance in the delivery of their products and their behaviour towards those they interact with. The General Data Protection Regulation (GDPR) integrates accountability as a principle which requires that organisations put in place appropriate technical and organisational measures and be able to demonstrate what they did and its effectiveness when requested.
Organisations, and not data protection authorities, must demonstrate that they are compliant with the law. Such measures include:
- Adequate documentation on what personal data is processed;
- How, to what purpose, and how long data will be processed for;
- Documented processes and procedures aiming at tackling data protection issues at an early state when building information systems or responding to a data breach; and
- The presence of a Data Protection Officer (if required) who is integrated in the organisation planning and operations etc.
Make an inventory of all personal data you hold and examine it under the following headings:
- Why are you holding it?
- How did you obtain it?
- Why was it originally gathered?
- How long will you retain it?
- How secure is it, both in terms of encryption and accessibility?
- Do you ever share it with third parties and on what basis might you do so?
This is the first step towards compliance with the GDPR’s accountability principle, which requires organisations to demonstrate (and, in most cases, document) the ways in which they comply with data protection principles when transacting business. The inventory will also enable organisations to amend incorrect data or track third-party disclosures in the future, which is something that they may be required to do.
You should also reference our guidance on Data Protection Officers, Data Protection Impact Assessments and the Risk-based Approach to processing activities to see whether any of the criteria laid down there are of relevance to your processing activities.