DPV-GDPR extends the [[[DPV]]] to provide concepts specific to the obligations and requirements of the [[[GDPR]]]. More specifically, it provides a taxonomy of legal bases, rights, and data transfer tools as defined within the GDPR.
[[[DPV-Primer]]]: introductory document to DPV concepts
Newcomers to the DPV are strongly recommended to first read through the Primer to familiarise themselves with the semantics and concepts of DPV.
[[[DPV]]]: formal and normative description of DPV and its concepts.
Serialisations of DPV:
[[[DPV-SKOS]]]: serialisation of DPV with [[SKOS]] and [[RDFS]] semantics
[[[DPV-OWL]]]: serialisation of DPV using [[OWL]] semantics
Extensions to Concepts:
[[[DPV-GDPR]]]: (this document) extends DPV concepts for [[GDPR]]
For a general overview of the Data Protection Vocabularies and Controls Community Group [[DPVCG]], its history, deliverables, and activities - refer to DPVCG Website.
The peer-reviewed article “Creating A Vocabulary for Data Privacy” presents a historical overview of the DPVCG, and describes the methodology and structure of the DPV along with describing its creation. An open-access version can be accessed here, here, and here.
Contributing to the DPV and its extensions The DPVCG welcomes participation regarding the DPV, including expansion or refinement of its terms, addressing open issues, and welcomes suggestions on their resolution or mitigation.
The Data Privacy Vocabulary (DPV) provides terms to annotate and categorise instances of legally compliant personal data handling. In particular, the vocabulary provides LegalBasis and DataSubjectRight as top-level concepts representing the various legal bases for justifying processing of personal data and rights provided to the data subject respectively. Since these concepts are specifically defined within the scope of jurisdictional laws, their implementation is provided as a separate vocabulary that extends the DPV, thereby permitting continued usage of DPV as a jurisdiction-agnostic and generic vocabulary.
This vocabulary, termed as DPV-GDPR, extends the concepts within DPV regarding legal bases, data subject rights, and data transfer tools with those defined and intended by GDPR. It provides a compatible extension to be used in combination with the DPV to represent GDPR-specific information.
Legal Basis under GDPR
Regulations such as the GDPR specify certain legal basis for carrying out the processing of personal data, which makes it mandatory for every processing to have one (or more) legal basis that justifies their compliance. DPV provides a list of legal bases as per the GDPR under the separate namespace of dpv-gdpr. Additional legal bases can be declared by subclassing dpv:LegalBasis.
The taxonomy lists the legal bases as provided by GDPR Article 6 regarding processing of personal data, those defined in GDPR Article 9 regarding processing of special categories of personal data, and those provided by GDPR Articles 45, 46, and 49 in connection with transfer of personal data. The legal basis of ‘consent’ as defined in Article 6(1)(a) has been declared using the terms ‘explicit’ and ‘non-explicit’ to differentiate the requirements of the two in accordance of their requirements of compliance. Furthermore, legal basis provided by Article 6 apply to processing involving personal data whereas those in Article 9 apply specifically to processing involving special categories of personal data.
An approved code of conduct pursuant to GDPR Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards individuals´ rights
An approved certification mechanism pursuant to GDPR Article 42 together with binding and enforceable commitments of the controller or processor in the third country to appy the appropriate safeguards, including as regards individuals` rights
The data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards.
The transfer is made from a register which according to Union or Member State law is intended to provide information to the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by Union or Member State law for consultation are fulfilled in the particular case.
The transfer is not repetetive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by controller which are not overridden by the interests or rights and freedoms of the data subject, and controller has assessed all the circumstances surrounding the data transfer and have on the basis of that assessment provided suitable safeguards with regard to the protection of personal data.
Valid consent in this case would have requirements for being 'explicit' in addition to requirements defined by A4-11. This is also mentioned in the Article 29 Working Party document "Guidelines on Consent under Regulation 2016/679 (wp259rev.01)"
Definition of consent: A data subject's unambigious/clear affirmative action that signifies an agreement to process their personal data (Rigo Wenning) . What is referred to as 'non-explicit consent' here is also termed as 'regular' consent in the Article 29 Working Party document "Guidelines on Consent under Regulation 2016/679 (wp259rev.01)". This is the legal basis that requires consent but not at the level of being 'explicit'.
legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3
GDPR provides several rights to the data subject, whose applicability depends on the context and nature of processing taking place. DPV lists these rights at an abstract level as concepts along with their origin in specific clauses of the GDPR.
Harshvardhan J. Pandit
Data Transfers under GDPR
GDPR regulates data transfers outside the EU/EEA based on jurisdictions the transfer is occurring within and the guarantees available regarding the protection of personal data and fundamental rights. To indicate the sufficiency of a data transfer being compatible and adherent to these requirements, the European Commission provides various 'data transfer tools' based on the legal bases provided within the GDPR. DPV-GDPR models these as follows.