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• GDPR Compliance and Personal Data : The Ultimate Guide

  22 septembre 2023, par Erin — GDPR

  According to the International Data Corporation (IDC), the world generated 109 zettabytes of data in 2022 alone, and that number is on track to nearly triple to 291 zettabytes in 2027. For scale, that’s one trillion gigs or one followed by 21 zeros in bytes.

  A major portion of that data is generated online, and the conditions for securing that digital data can have major real-world consequences. For example, online identifiers that fall into the wrong hands can be used nefariously for cybercrime, identity theft or unwanted targeting. Users also want control over how their actions are tracked online and transparency into how their information is used.

  Therefore, regional and international regulations are necessary to set the terms for respecting users’ privacy and control over personal information. Perhaps the most widely known of these laws is the European Union’s General Data Protection Regulation (GDPR).

  What is personal data under GDPR ?

  Under the General Data Protection Regulation (GDPR), “personal data” refers to information linked to an identifiable natural person. An “identifiable natural person” is someone directly or indirectly recognisable via individually specific descriptors such as physical, genetic, economic, cultural, employment and social details.

  It’s important to note that under GDPR, the definition of personal data is very broad, and it encompasses both information that is commonly considered personal (e.g., names and addresses) and more technical or specialised data (e.g., IP addresses or device IDs) that can be used to identify individuals indirectly.

  Organisations that handle personal data must adhere to strict rules and principles regarding the processing and protection of this data to ensure individuals’ privacy rights are respected and upheld.

  Personal data can include, but is not limited to, the following :

  1. Basic Identity Information : This includes a person’s name, government-issued ID number, social address, phone number, email address or other similar identifiers.
  2. Biographical Information : Details such as date of birth, place of birth, nationality and gender.
  3. Contact Information : Information that allows communication with the individual, such as phone numbers, email addresses or mailing addresses.
  4. Financial Information : Data related to a person’s finances, including credit card numbers, bank account numbers, income records or financial transactions.
  5. Health and Medical Information : Information about a person’s health, medical history or healthcare treatments.
  6. Location Data : Data that can pinpoint a person’s geographical location, such as GPS coordinates or information derived from mobile devices.
  7. Online Identifiers : Information like IP addresses, cookies or other online tracking mechanisms that can be used to identify or track individuals online.
  8. Biometric Data : Unique physical or behavioural characteristics used for identification, such as fingerprints, facial recognition data or voiceprints.

  Sensitive Data

  Sensitive data is a special category of personal data prohibited from processing unless specific conditions are met, including users giving explicit consent. The data must also be necessary to fulfil one or more of a limited set of allowed purposes, such as reasons related to employment, social protections or legal claims.

  Sensitive information includes details about a person’s racial or ethnic origin, sexual orientation, political opinions, religion, trade union membership, biometric data or genetic data.

  What are the 7 main principles of GDPR ?

  The 7 principles of GDPR guide companies in how to properly handle personal data gathered from their users.

  

  The seven principles of GDPR are :

  1. Lawfulness, fairness and transparency

  Lawfulness means having legal grounds for data processing, such as consent, legitimate interests, contract and legal obligation. If you can achieve your objective without processing personal data, the basis is no longer lawful.

  Fairness means you’re processing data reasonably and in line with users’ best interests, and they wouldn’t be shocked if they find out what you’re using it for.

  Transparency means being open regarding when you’re processing user data, what you’re using it for and who you’re collecting it from.

  To get started with this, use our guide on creating a GDPR-compliant privacy policy.

  2. Purpose limitation

  You should only process user data for the original purposes you communicated to users when requesting their explicit consent. If you aim to undertake a new purpose, it must be compatible with the original stated purpose. Otherwise, you’ll need to ask for consent again.

  3. Data minimisation

  You should only collect as much data as you need to accomplish compliant objectives and nothing more, especially not other personally identifiable information (PII).

  Matomo provides several features for extensive data minimisation, including the ability to anonymize IP addresses.

  Data minimisation is well-liked by users. Around 70% of people have taken active steps towards protecting their identity online, so they’ll likely appreciate any principles that help them in this effort.

  

  4. Accuracy

  The user data you process should be accurate and up-to-date where necessary. You should have reasonable systems to catch inaccurate data and correct or delete it. If there are mistakes that you need to store, then you need to label them clearly as mistakes to keep them from being processed as accurate.

  5. Storage limitation

  This principle requires you to eliminate data you’re no longer using for the original purposes. You must implement time limits, after which you’ll delete or anonymize any user data on record. Matomo allows you to configure your system such that logs are automatically deleted after some time.

  6. Integrity and confidentiality

  This requires that data processors have security measures in place to protect data from threats such as hackers, loss and damage. As an open-source web analytics solution, Matomo enables you to verify its security first-hand.

  7. Accountability

  Accountability means you’re responsible for what you do with the data you collect. It’s your duty to maintain compliance and document everything for audits. Matomo tracks a lot of the data you’d need for this, including activity, task and application logs.

  Who does GDPR apply to ?

  The GDPR applies to any company that processes the personal data of EU citizens and residents (regardless of the location of the company). 

  If this is the first time you’ve heard about this, don’t worry ! Matomo provides tools that allow you to determine exactly what kinds of data you’re collecting and how they must be handled for full compliance. 

  Best practices for processing personal data under GDPR

  Companies subject to the GDPR need to be aware of several key principles and best practices to ensure they process personal data in a lawful and responsible manner.

  Here are some essential practices to implement :

  1. Lawful basis for processing : Organisations must have a lawful basis for processing personal data. Common lawful bases include the necessity of processing for compliance with a legal obligation, the performance of a contract, the protection of vital interests and tasks carried out in the public interest. Your organisation’s legitimate interests for processing must not override the individual’s legal rights. 
  2. Data minimisation : Collect and process only the personal data that is necessary for the specific purpose for which it was collected. Matomo’s anonymisation capabilities help you avoid collecting excessive or irrelevant data.
  3. Transparency : Provide clear and concise information to individuals about how their data will be processed. Privacy statements should be clear and accessible to users to allow them to easily understand how their data is used.
  4. Consent : If you are relying on consent as a lawful basis, make sure you design your privacy statements and consent forms to be usable. This lets you ensure that consent is freely given, specific, informed and unambiguous. Also, individuals must be able to withdraw their consent at any time.
  5. Data subject rights : You must have mechanisms in place to uphold the data subject’s individual rights, such as the rights to access, erase, rectify errors and restrict processing. Establish internal processes for handling such requests.
  6. Data protection impact assessments (DPIAs) : Conduct DPIAs for high-risk processing activities, especially when introducing new technologies or processing sensitive data.
  7. Security measures : You must implement appropriate technical security measures to maintain the safety of personal data. This can include ‌security tools such as encryption, firewalls and limited access controls, as well as organisational practices like regular security assessments. 
  8. Data breach response : Develop and maintain a data breach response plan. Notify relevant authorities and affected individuals of data breaches within the required timeframe.
  9. International data transfers : If transferring personal data outside the EU, ensure that appropriate safeguards are in place and consider GDPR provisions. These provisions allow data transfers from the EU to non-EU countries in three main ways :
     1. When the destination country has been deemed by the European Commission to have adequate data protection, making it similar to transferring data within the EU.
     2. Through the use of safeguards like binding corporate rules, approved contractual clauses or adherence to codes of conduct.
     3. In specific situations when none of the above apply, such as when an individual explicitly consents to the transfer after being informed of the associated risks.
  10. Data protection officers (DPOs) : Appoint a data protection officer if required by GDPR. DPOs are responsible for overseeing data protection compliance within the organisation.
  11. Privacy by design and default : Integrate data protection into the design of systems and processes. Default settings should prioritise user privacy, as is the case with something like Matomo’s first-party cookies.
  12. Documentation : Maintain records of data processing activities, including data protection policies, procedures and agreements. Matomo logs and backs up web server access, activity and more, providing a solid audit trail.
  13. Employee training : Employees who handle personal data must be properly trained to uphold data protection principles and GDPR compliance best practices. 
  14. Third-party contracts : If sharing data with third parties, have data processing agreements in place that outline the responsibilities and obligations of each party regarding data protection.
  15. Regular audits and assessments : Conduct periodic audits and assessments of data processing activities to ensure ongoing compliance. As mentioned previously, Matomo tracks and saves several key statistics and metrics that you’d need for a successful audit.
  16. Accountability : Demonstrate accountability by documenting and regularly reviewing compliance efforts. Be prepared to provide evidence of compliance to data protection authorities.
  17. Data protection impact on data analytics and marketing : Understand how GDPR impacts data analytics and marketing activities, including obtaining valid consent for marketing communications.

  Organisations should be on the lookout for GDPR updates, as the regulations may evolve over time. When in doubt, consult legal and privacy professionals to ensure compliance, as non-compliance could potentially result in significant fines, damage to reputation and legal consequences.

  What constitutes a GDPR breach ?

  Security incidents that compromise the confidentiality, integrity and/or availability of personal data are considered a breach under GDPR. This means a breach is not limited to leaks ; if you accidentally lose or delete personal data, its availability is compromised, which is technically considered a breach.

  What are the penalty fines for GDPR non-compliance ?

  The penalty fines for GDPR non-compliance are up to €20 million or up to 4% of the company’s revenue from the previous fiscal year, whichever is higher. This makes it so that small companies can also get fined, no matter how low-profile the breach is.

  In 2022, for instance, a company found to have mishandled user data was fined €2,000, and the webmaster responsible was personally fined €150.

  Is Matomo GDPR compliant ?

  Matomo is fully GDPR compliant and can ensure you achieve compliance, too. Here’s how :

  • Data anonymization and IP anonymization
  • GDPR Manager that helps you identify gaps in your compliance and address them effectively
  • Users can opt-out of all tracking
  • First-party cookies by default
  • Users can view the data collected
  • Capabilities to delete visitor data when requested
  • You own your data and it is not used for any other purposes (like advertising)
  • Visitor logs and profiles can be disabled
  • Data is stored in the EU (Matomo Cloud) or in any country of your choice (Matomo On-Premise)

  Is there a GDPR in the US ?

  There is no GDPR-equivalent law that covers the US as a whole. That said, US-based companies processing data from persons in the EU still need to adhere to GDPR principles.

  While there isn’t a federal data protection law, several states have enacted their own. One notable example is the California Consumer Privacy Act (CCPA), which Matomo is fully compliant with.

  Ready for GDPR-compliant analytics ?

  The GDPR lays out a set of regulations and penalties that govern the collection and processing of personal data from EU citizens and residents. A breach under GDPR attracts a fine of either up to €20 million or 4% of the company’s revenue, and the penalty applies to companies of all sizes.

  Matomo is fully GDPR compliant and provides several features and advanced privacy settings to ensure you ‌are as well, without sacrificing the resources you need for effective analytics. If you’re ready to get started, sign up for a 21-day free trial of Matomo — no credit card required.

  Disclaimer
  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to GDPR. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

• Live streaming OBS -> Apache HTTPD/FFmpeg -> native (browser) HTML5 video player at personal web site [closed]

  20 mai 2022, par Uzgraph

  Is it possible to broadcast from OBS studio to the personal web site and the video stream from OBS was received by Apache or FFMpeg, then saved as a video file, and the video file was available on the web site through the HTML5 video player tag ?

  


• Lawful basis for processing personal data under GDPR with Matomo

  30 avril 2018, par InnoCraft

  Disclaimer : this blog post has been written by digital analysts, not lawyers. The purpose of this article is to explain what is a lawful basis and which one you can use with Matomo in order to be GDPR compliant. This work comes from our interpretation of the following web page from the UK privacy commission : ICO. It cannot be considered as professional legal advice. So as GDPR, this information is subject to change. GDPR may be also known as DSGVO in German, BDAR in Lithuanian, RGPD in Spanish, French, Italian, Portuguese. This blog post contains public sector information licensed under the Open Government Licence v3.0.

  The golden rule under GDPR is that you need to have a lawful basis in order to process personal data. Note that it is possible to not process personal data with Matomo. When you do not collect any personal data, then you do not need to determine a lawful basis and this article wouldn’t apply to you.

  “If no lawful basis applies to your processing, your processing will be unlawful and in breach of the first principle.“

  Source : ICO, based on article 6 of GDPR.

  As you may process personal data in Matomo, you have to :

  1. define a lawful basis.
  2. document your choice.
  3. inform your visitor about it in a privacy notice.

  Even if you think you don’t process personal data, we recommend reading this post about personal data in Matomo (personal data may be hidden in many ways).

  Note that if you are processing special category data (ethnic origin, politics, religion, trade union membership…) or criminal offence data ; extra responsibilities are applied, and we will not detail them in this blog post.

  1 – Define a lawful basis

  There are 6 different lawful bases all defined within article 6 of the GDPR official text :

  1. Consent : the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
  2. Contract : 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. Legal obligation : processing is necessary for compliance with a legal obligation to which the controller is subject.
  4. Vital interests : processing is necessary in order to protect the vital interests of the data subject or of another natural person.
  5. Public task : processing is necessary for the performance of a task carried out in the public interest or in the exercise of an official authority vested in the controller.
  6. Legitimate interests : processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party ; except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

  As you can see, most of them are not applicable to Matomo. As ICO is mentioning it within their documentation :

  “In many cases you are likely to have a choice between using legitimate interests or consent.”

  “Consent” or “Legitimate interests” : which lawful basis is the best when using Matomo ?

  Well, there is no right or wrong answer here.

  In order to make this choice, ICO listed on their website different questions you should keep in mind :

  • Who does the processing benefit ?
  • Would individuals expect this processing to take place ?
  • What is your relationship with the individual ?
  • Are you in a position of power over them ?
  • What is the impact of the processing on the individual ?
  • Are they vulnerable ?
  • Are some of the individuals concerns likely to object ?
  • Are you able to stop the processing at any time on request ?

  From our perspective, “Legitimate interests” should be used in most of the cases as :

  • The processing benefits to the owner of the website and not to a third party company.
  • A user expects to have their data kept by the website itself.
  • Matomo provides many features in order to show how personal data is processed and how users can exercise their rights.
  • As the data is not used for profiling, the impact of processing personal data is very low.

  But once more, it really depends ; if you are processing personal data which may represent a risk to the final user, then getting consent is for us the right lawful basis.

  If you are not sure, at the time of writing ICO is providing a tool in order to help you make this decision :

  

  Note that once you choose a lawful basis, it is highly recommended not to switch to another unless you have a good reason.

  What are the rights that a data subject can exercise ?

  According to the lawful basis you choose for processing personal data with Matomo, your users will be able to exercise different rights :

  	Right to be informed	Right of access	Right to erasure	Right to portability	Right to object	Right to withdraw consent
  Legitimate interests	X	X	X		X
  Consent	X	X	X	X		X

   

  • Right to be informed : whatever the lawful basis you choose, you need to inform your visitor about it within your privacy notice.
  • Right of access : as described in article 15 of GDPR. Your visitor has the right to access the personal data you are processing about them. You can exercise their right directly within the page “GDPR Tools” in your Matomo.
  • Right to erasure : it means that a visitor will be able to ask you to erase all their data. You can exercise the right to erasure directly within the page “GDPR Tools” in your Matomo.
  • Right to portability : it means that you need to export the data which concern the individual in a machine-readable format and provide them with their personal data. You can exercise their right directly within the page “GDPR Tools” in your Matomo.
  • Right to object : it means that your visitor has the right to say no to the processing of their personal data. In order to exercise this right, you need to implement the opt-out feature on your website.
  • Right to withdraw consent : it means that your visitor can remove their consent at any time. We developed a feature in order to do just that. You can learn more by opening the page “Privacy > Asking for consent” in your Matomo.

  2 – Document your choice

  Once you choose “Legitimate interests” or “Consent” lawful basis, you will have some obligations to fulfill. From our interpretation, “Legitimate interests” means writing more documentation, “Consent” means a more technical approach.

  What should I do if I am processing personal data with Matomo based on “Legitimate interests ?

  ICO is providing a checklist for “Legitimate interests”, below is our interpretation :

  • Check that legitimate interests is the most appropriate lawful basis.

  Our interpretation : document and justify why you choose this lawful basis in particular. This tool from ICO can help you.

  • Understand your responsibility to protect the individual’s interests.

  Our interpretation : you need to take all the measures in order to protect your users privacy and data security. Please refer to our guide in order to secure your Matomo installation.

  • Conduct a legitimate interests assessment (LIA) and keep a record of it to ensure that you can justify your decision. This document is composed of a set of questions on those 3 key concerns : 1) purpose, 2) necessity, 3) balancing.

  1) Purpose :

  • Why do you want to process the data – what are you trying to achieve ?
  • Who benefits from the processing ? In what way ?
  • Are there any wider public benefits to the processing ?
  • How important are those benefits ?
  • What would the impact be if you couldn’t go ahead ?
  • Would your use of the data be unethical or unlawful in any way ?

  2) Necessity :

  • Does this processing actually help to further that interest ?
  • Is it a reasonable way to go about it ?
  • Is there another less intrusive way to achieve the same result ?

  3) Balancing :

  • What is the nature of your relationship with the individual ?
  • Is any of the data particularly sensitive or private ?
  • Would people expect you to use their data in this way ?
  • Are you happy to explain it to them ?
  • Are some people likely to object or find it intrusive ?
  • What is the possible impact on the individual ?
  • How big an impact might it have on them ?
  • Are you processing children’s data ?
  • Are any of the individuals vulnerable in any other way ?
  • Can you adopt any safeguards to minimise the impact ?
  • Can you offer an opt-out ?

  • Identify the relevant legitimate interests.
  • Check that the processing is necessary and there is no less intrusive way to achieve the same result.
  • Perform a balancing test, and be confident that the individual’s interests do not override those legitimate interests.
  • Use individuals’ data in ways they would reasonably expect, unless you have a very good reason.

  Our interpretation : use those data to improve user experience for example.

  • Do not use people’s data in ways they would find intrusive or which could cause them harm, unless you have a very good reason.

  Our interpretation : ask yourself if this data is representing a risk for the individuals.

  • If you process children’s data, take extra care to make sure you protect their interests.
  • Consider safeguards to reduce the impact where possible.

  Our interpretation : Check if your web hosting provider is providing appropriate safeguards.

  • Consider whether you can offer an opt out.

  Our interpretation : Matomo is providing you the opt-out feature.

  • If your LIA identifies a significant privacy impact, consider whether you also need to conduct a DPIA.

  Our interpretation : A DPIA can easily be conducted by using this software from the French privacy commission.

  • Regularly review your LIA and update it when circumstances change.
  • Include information about your legitimate interests in your privacy information.

  As you see, going for “Legitimate interests” requires a lot of written documentation. Let’s see how “Consent” differ.

  What should I do if I am processing personal data with Matomo based on “Consent” ?

  As previously mentioned, using “Consent” rather than “Legitimate interests” is more technical but less intense in terms of documentation. Like for “Legitimate interests”, ICO is providing a checklist for “Consent” which is divided into 3 key categories : 1) asking for consent, 2) recording consent, and 3) managing consent.

  1. Asking for consent :
     1. Check that consent is the most appropriate lawful basis for processing.
     2. Make the request for consent prominent and separate from your terms and conditions.
     3. Ask people to positively opt in. Don’t use pre-ticked boxes or any other type of default consent.
     4. Use clear, plain language that is easy to understand.
     5. Specify why you want the data and what you are going to do with it.
     6. Give individual (‘granular’) options to consent separately to different purposes and types of processing.
     7. Name your organisation and any third party controllers who will be relying on the consent.
     8. Tell individuals they can withdraw their consent.
     9. Ensure that individuals can refuse to consent without detriment.
     10. Avoid making consent a precondition of a service.
     11. If you offer online services directly to children, only seek consent if you have age-verification measures (and parental-consent measures for younger children) in place.
  2. Recording consent :
     1. Keep a record of when and how you got consent from the individual.
     2. Keep a record of exactly what you told them at the time.
  3. Managing consent :
     1. Regularly review consents to check that the relationship, the processing and the purposes have not changed.
     2. Have processes in place to refresh consent at appropriate intervals, including any parental consent.
     3. Consider using privacy dashboards or other preference-management tools as a matter of good practice.
     4. Make it easy for individuals to withdraw their consent at any time, and publicise how to do so.
     5. Act on withdrawals of consent as soon as you can.
     6. Don’t penalise individuals who wish to withdraw consent.

     3 – Inform your visitor about it in a privacy notice

     Privacy notices are an important part within the GDPR process. Read our blog post dedicated to privacy notices to learn more.

     We really hope you enjoyed reading this blog post. Please have a look at our Matomo GDPR guide for more information.

  The post Lawful basis for processing personal data under GDPR with Matomo appeared first on Analytics Platform - Matomo.