EU General Data Protection Regulation Compliance Policy

EU General Data Protection Regulation Compliance Policy
Type of Policy
Administrative
s1polics Wed, 04/04/2018 - 15:17
Effective Date
Last Revised
Review Date
Policy Owner
Ethics, Compliance & Legal Affairs
Contact Name
Tarryn T. Brennon
Contact Title
Chief Privacy Officer
Contact Email
tarryn.brennon@gatech.edu
Reason for Policy

The European Union has passed a data privacy regulation that is applicable throughout the entire European Union (“EU”), and to those who collect personal data about people in the EU. The European Union General Data Protection Regulation (“EU GDPR”) imposes obligations on entities, like Georgia Tech, that collect or process personal data about people in the EU. The EU GDPR applies to personal data collected or processed about anyone located in the EU, regardless of whether they are a citizen or permanent resident of an EU country.

Georgia Institute of Technology (“Georgia Tech” or the “Institute”) is an institute of higher education involved in education, research and community development. In order for Georgia Tech to educate its foreign and domestic students both in class and on-line, engage in world-class research, and provide community services, it is essential and necessary, and Georgia Tech has a lawful basis, to collect, process, use, and/or maintain the personal data of its students, employees, applicants, research subjects, and others involved in its educational, research, and community programs. These activities include, without limitation, admission, registration, delivery of classroom, on-line, and study abroad education, grades, communications, employment, applied research, development, program analysis for improvements, and records retention.

Georgia Tech takes seriously its duty to protect the personal data it collects or processes. In addition to Georgia Tech’s overall data protection program, Georgia Tech must make sure it complies with the dictates of the EU GDPR. Among other things, the EU GDPR requires Georgia Tech to:

  1. be transparent about the personal data it collects or processes and the uses it makes of any personal data
  2. keep track of all uses and disclosures it makes of personal data
  3. appropriately secure personal data

This policy describes Georgia Tech’s data protection strategy to comply with the EU GDPR.

Policy Statement

2.1 Lawful Basis for Collecting or Processing Personal Data

Georgia Tech has a lawful basis to collect and process personal data. Most of Georgia Tech’s collection and processing of personal data will fall under the following categories:

  1. Processing is necessary for the purposes of the legitimate interests pursued by Georgia Tech or by a third party.
  2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  3. Processing is necessary for compliance with a legal obligation to which Georgia Tech is subject.
  4. The data subject has given consent to the processing of his or her special categories of sensitive personal data for one or more specific purposes.

There will be some instances where the collection and processing of personal data will be pursuant to other lawful bases

2.2 Data Protection & Governance

Georgia Tech will protect all personal data and special categories of sensitive personal data that it collects or processes for a lawful basis. Any personal data and special categories of sensitive personal data collected or processed by Georgia Tech shall be:

  1. Processed lawfully, fairly, and in a transparent manner
  2. Collected for specified, explicit, and legitimate purposes, and not further processed in a manner that is incompatible with those purposes
  3. Limited to what is necessary in relation to the purposes for which they are collected and processed
  4. Accurate and kept up to date
  5. Retained only as long as necessary
  6. Secure

2.3 Sensitive Personal Data & Consent

Georgia Tech must obtain consent before it collects or processes special categories of sensitive personal data.

2.4 Individual Rights

Individual data subjects covered by this policy will be afforded the following rights:

  1. information about the controller collecting the data
  2. the data protection officer contact information (if assigned)
  3. the purposes and lawful basis of the data collection/processing
  4. recipients of the personal data
  5. if Georgia Tech intends to transfer personal data to another country or international organization
  6. the period the personal data will be stored
  7. the existence of the right to access, rectify incorrect data or erase personal data, restrict or object to processing, and the right to data portability
  8. the existence of the right to withdraw consent at any time
  9. the right to lodge a complaint with a supervisory authority (established in the EU)
  10. why the personal data are required, and possible consequences of the failure to provide the data
  11. the existence of automated decision-making, including profiling
  12. if the collected data are going to be further processed for a purpose other than that for which it was collected

Note: Exercising of these rights is a guarantee to be afforded a process and not the guarantee of an outcome.

Scope

This policy applies to the personal data and special categories of sensitive personal data protected by the EU GDPR and all Georgia Tech Units who collect or process personal data and special categories of sensitive personal data protected by the EU GDPR.


Definitions:

Collect or Process Data

Collection, storage, recording, organizing, structuring, adaptation or alteration, consultation, use, retrieval, disclosure by transmission/dissemination or otherwise making data available, alignment or combination, restriction, erasure or destruction of personal data, whether or not by automated means. 

Consent

 

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Under the EU GDPR:

  1. Consent must be a demonstrable, clear affirmative action.
  2. Consent can be withdrawn by the data subject at any time and must be as easy to withdraw consent as it is to give consent.
  3. Consent cannot be silence, a pre-ticked box or inaction.
  4. Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment.
  5. Request for consent must be presented clearly and in plain language.
  6. Maintain a record regarding how and when consent was given.

Controller

 

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Georgia Tech Unit

A Georgia Tech college, school, office or department.

Identified or Identifiable Person

 

An identified or identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of that person.

Examples of identifiers include but are not limited to: name, photo, email address, identification number such as GT ID#, GT Account (User ID), physical address or other location data, IP address or other online identifier

Lawful Basis

 

Processing of personal data shall be lawful only if and to the extent that at least one of the following applies:

  1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  3. Processing is necessary for compliance with a legal obligation to which the controller is subject; 
  4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  6. Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

Legitimate Interest

 

Processing of personal data is lawful if such processing is necessary for the legitimate business purposes of the data controller/processor, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

Personal Data

Any information relating to an identified or identifiable person (the data subject). 

Processor

 

A natural or legal person, public authority, agency or other body who processes personal data on behalf of the controller.

Special Categories of Sensitive Personal Data

Special categories of sensitive personal data that require consent by the data subject before collecting or processing are:

  1. Racial or ethnic origin
  2. Political opinions
  3. Religious or philosophical beliefs
  4. Trade union membership
  5. Genetic, biometric data for the purposes of uniquely identifying a natural person
  6. Health data
  7. Data concerning a person’s sex life or sexual orientation
Procedures
5.1 Data Governance

Document Lawful Basis for Collection or Processing

All Georgia Tech Units who collect or process personal data protected by the EU GDPR must document the lawful basis for the collection or processing of personal data and special categories of sensitive personal data they collect or process, why they collect it, and how long they keep it using the online Georgia Tech EU GDPR Lawful Basis Form: http://eugdpr.gatech.edu/georgia-tech-compliance     

All data at Georgia Tech shall be kept in compliance with the USG-BOR Records Retention Schedules.

5.2.  Privacy Notice

Georgia Tech’s Privacy Notice

Georgia Tech’s Privacy Notice to data subjects must specify the lawful basis for Georgia Tech to collect or process personal data and include:

  1. whether their personal data are being collected or processed and for what purpose
  2. categories of personal data concerned
  3. to whom personal data is disclosed
  4. storage period (records retention period)
  5. existence of individual rights to rectify incorrect data, erase, restrict or object to processing
  6. how to lodge a complaint
  7. the source of the personal data (if not collected from the data subject)
  8. the existence of automated decision-making, including profiling

A link to the Georgia Tech Privacy Notice is available on the footer of all Georgia Tech websites – “Legal & Privacy Information”: http://www.gatech.edu/privacy 

Georgia Tech Units Privacy Notice Each Georgia Tech Unit that collects or processes personal data protected by the EU GDPR must create and publicly post a privacy notice that meets the requirements (a) through (h) set forth above. A link to the Georgia Tech Unit Privacy template is available at: http://eugdpr.gatech.edu/georgia-tech-compliance
5.3 Consent

Documentation of Consent

Georgia Tech Units must obtain affirmative consent before it collects or processes sensitive personal data.

Georgia Tech EU GDPR Model Consent Form
http://eugdpr.gatech.edu/sites/default/files /documents/eu_gdpr_consent_form_for_sensitive_personal_data.docx

Withdrawal of Consent Georgia Tech must have a process for individuals who request to withdraw their consent.
5.4 Individual Rights

Exercise of Rights

Any individual wishing to exercise their rights under this policy should contact: privacy@gatech.edu

5.5 Data Protection

Security of Personal Data

All personal data and special categories of sensitive personal data collected or processed by any Georgia Tech Units under the scope of this policy must comply with the security controls and systems and process requirements and standards of NIST Special Publication 800-171 as set forth in the Georgia Tech Controlled Unclassified Information Policy found here: https://policylibrary.gatech.edu/information-technology/controlled-unclassified-information

Breach Notification

Any Georgia Tech Unit that suspects that a breach or disclosure of personal data has occurred must immediately notify Georgia Tech Cyber Security here: https://security.gatech.edu/report-incident

Responsibilities

8.1 Responsible Party:

Georgia Tech Units:
To document the lawful basis for personal data or special categories of sensitive personal data collected or processed pursuant to this policy.

To cooperate with the Privacy Program within the Office of Ethics and Compliance when individuals inquire about their personal data or special categories of sensitive personal data collected or processed pursuant to this policy (See Section 2.3).

To immediately notify (24/7) and cooperate with Georgia Tech Cyber Security relating to any data breach: https://security.gatech.edu/report-incident

8.2 Responsible Party:

Privacy Program within the Office of Ethics and Compliance:
To field inquiries about personal data or special categories of sensitive personal data collected from individuals while in the EU (See Section 2.4).

To coordinate with Georgia Tech Units responding to inquiries about personal data or special categories of sensitive personal data collected from individuals while in the EU.

8.3 Responsible Party:

Cyber Security:
To answer questions about and review data security measures.

To handle data breach notification for the Institute.

Enforcement

Violations of the policy may result in loss of system, network, and data access privileges, administrative sanctions (up to and including termination or expulsion) as outlined in applicable Georgia Tech disciplinary procedures, as well as personal civil and/or criminal liability.

To report suspected instances of noncompliance with this policy, please contact: privacy@gatech.edu, or visit Georgia Tech’s EthicsPoint, a secure and confidential reporting system, at: https://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=7508

Enforcement of the EU GDPR shall be carried out by the appropriate Data Protection Authority within the European Union.

Policy History
Revision Date Author Description
01-25-2022 Office of Ethics and Compliance Editorial Updates
05-03-2018 Institutional Research & Enterprise Data Management New Policy