Monday, June 30, 2008
A person's privacy is a fundamental
right which requires recognition and protection. Whilst it is incapable of precise definition, the concept has been linked with data protection, which interprets privacy in terms of management and handling of personal data.
With this right, we are able to strengthen essential values such as the freedom of thought, conscience and religion and the freedom of expression.
And alongside this right is a duty to protect it. This fundamental duty affects everyone as employers/persons processing personal data. Basically, if you determine the purposes and means of processing personal data, whether or not you are a natural person, you become the data controller and you are imposed with the duty to protect the right to privacy. Of course, failure to uphold your duty would give rise to illegal intrusions to the personal data and privacy of those whom you are supposed to protect and consequentially, you will be held responsible.
So whose personal data are you responsible for? You are responsible for all personal data that you collect apart from those you collect in the course of exclusively personal or household activities, for the processing of personal data carried out exclusively for journalistic, artistic or
literary expression purposes, or for public security.
Hence, your responsibility encompasses the protection of personal data belonging to your employees, potential and actual customers and suppliers, visitors, consultants and job applicants.
Of course, your duty to protect personal data does not imply a prevention of processing that personal data. To do so would paralyse businesses. It is indeed unavoidable that a data controller will process personal data.
However, whilst you, as the data controller, can establish that processing personal data is a necessary course of business, you must not be allowed to abuse the personal data received. It's a balancing act of right and duty. The only way to resolve the conflict of interests between
the company and the individual is by building trust into the individual who is about to divulge his personal data.
And transparency in processing personal data is the source of that trust relationship. Offer this from the very instant personal data is about to be collected and this attitude of yours towards upholding a person's privacy (both online and offline) will measure your failure or success in building a relationship with your customers, gaining their trust and developing that essential viable edge in the marketplace.
Believe it or not, you stand to gain a lot when you comply with your duty. It is a chain reaction - so get the ball rolling.
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