2.1 What constitutes personal data?

Personal data comprise each and every item of information that is meant to be or can be associated with an identified or identifiable natural living person who may be directly or indirectly identified through such information as:

Civic registration number
Name
Address or contact details (e.g. email address, phone number)
Photograph (of said person)
Audio recording (of said person)
IP address (if traceable to said person)
Pseudonymised (encrypted) information, if a decryption key has been saved (and stored anywhere) that will allow that the data subject can be identified.

2.2 What should you consider when processing personal data?

Article 5 of the GDPR contains six principles that must be followed when processing personal data. The controller in charge of personal data processing is required to be able to show compliance with the following points (accountability). Personal data shall be:

(a)processed lawfully, fairly and in a transparent manner in relation to the data subject (lawfulness, fairness and transparency);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (purpose limitation);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (accuracy);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes (storage limitation);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (integrity and confidentiality).

2.3 When may personal data be processed?

The processing is lawful only if and to the extent that at least one of the following applies:

Consent
Performance of a contract
Compliance with a legal obligation
Protection of the vital interests of the data subject
Performance of a task carried out in the public interest or in the exercise of official
authority
Legitimate interests pursued by the controller

Consent can in certain cases be a legal ground for the processing of personal data. Such consent is to be given by the data subject (with the exception of minors) and must be preceded by information about the purpose and method of the processing and the rights of the data subject.

It is also permissible to process personal data if it is necessary for the performance of a contract, such as employment contract, in which the data subject is party or if it is necessary for compliance with a legal obligation, such as reporting salary details to the tax authorities, to which the controller is subject, or if it is necessary for the protection of vital interests of the data subject or other natural person.

It is also permissible to process personal data if it is necessary for the performance of a task carried out in the public interest or as part of the controller’s official authority. Most of the personal data processing that takes place at a state higher education institution (university or university college), for the purposes of both administration and education/research, is supported by the lawful grounds (e) and (c).

2.4 Who is responsible for the processing of personal data?

The controller is a natural person or an organisation who alone or jointly with others determines the purpose and means of data processing. A higher education institution (the organisation) always has responsibility for the processing of personal data that takes place within the institution (a higher education institution can also be a processor, see below).

Sometimes, a processor can be required to access personal data for which a higher education institution is responsible, such as an external consultant or a partner at another institution, in order to process the personal data on behalf of or as instructed by the controller. A processor is always external to the controller’s organisation and can be an individual natural person or an organisation (to which the natural person belongs). The processors thus engaged are required to provide sufficient guarantees that they will process the data in question in full accordance with the GDPR. A processor may only process such data in the manner as instructed by the controller. What the processor may, can and must do or not do with the data shall be provided in a processor agreement to be signed between the parties.