Who is a Data Subject?
The definition of a data subject under GDPR is one of the most confusing aspects of the law. There’s no formal definition, inconsistent terms within the law, no formal guidance from Article 29 Working Party, and the supervisory authority guidance is dated. So how do organizations determine who data subjects are? The different interpretations of the law say:
- A data subject is anyone physically within the borders of the EU whose data is being processed while that individual is physically within the Union.
- A data subject is anyone who formally resides within the EU, regardless of citizenship, while that individual is physically within the Union.
- A data subject who has formal citizenship in the EU while that individual is physically within the Union.
- A data subject is anyone who has residency/citizenship in the EU whose data is being processed, regardless of where the resident/citizen is physically located at the time of processing.
- A data subject is anyone whose personal data is located in the EU, regardless of the residence, citizenship, or physical location of the data subject.
Those interpretations create some confusion, right? There’s some overlap, some questioning. The law is not clear. Reasonable, educated people disagree on the interpretation of what a data subject is under GDPR. We’re here to show you what those different interpretations are and show you what the issues are.
What is Personal Data?
Under GDPR, personal data is any information relating to an identified or identifiable person (data subject), who can be recognized by identifiers like a name, an ID number, location data, or physical, physiological, genetic, mental, economic, cultural, or social identity. Personal data depends on what type of data element it is, the context, and reasonable likelihood of identification. There are logical and legal considerations that apply to the definition of personal data under GDPR.
Listen to the full webinar to educate yourself on who a data subject is under GDPR and if the data you control or process is personal data. For more information on GDPR readiness, contact us today.