Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter III Rights of the data subject

Section 1 Transparency and modalities

Article 11 Transparent information and communication

October 2013

Article 11(1)

1. The controller shall have concise, transparent, clear and easily accessible policies with regard to the processing of personal data and for the exercise of data subjects' rights.

Article 11(2)

2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, in particular for any information addressed specifically to a child.

[Source: October 2013]

Recital 46

(46) The principle of transparency requires that any information addressed to the public or to the data subject should be easily accessible and easy to understand, and that clear and plain language is used. This is in particular relevant where in situations, such as online advertising, the proliferation of actors and the technological complexity of practice makes it difficult for the data subject to know and understand if personal data relating to them are being collected, by whom and for what purpose. Given that children deserve specific protection, any information and communication, where processing is addressed specifically to a child, should be in such a clear and plain language that the child can easily understand.

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 11 introduces the obligation on controllers to provide transparent and easily accessible and understandable information, inspired in particular by the Madrid Resolution on international standards on the protection of personal data and privacy [32].

[Notes:]

[Source: January 2012 | Context: Proposal from the European Commission]

Article 11(1) [Amended: October 2013]

1. The controller shall have transparent and easily accessible policies with regard to the processing of personal data and for the exercise of data subjects' rights.

Article 11(2) [Amended: October 2013]

2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 46

(46) The principle of transparency requires that any information addressed to the public or to the data subject should be easily accessible and easy to understand, and that clear and plain language is used. This is in particular relevant where in situations, such as online advertising, the proliferation of actors and the technological complexity of practice makes it difficult for the data subject to know and understand if personal data relating to them are being collected, by whom and for what purpose. Given that children deserve specific protection, any information and communication, where processing is addressed specifically to a child, should be in such a clear and plain language that the child can easily understand.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]