UK GDPR: Security of Processing (Article 32)
Security of Processing [Art 32]
Rule: You must implement appropriate technical and organisational measures to ensure security appropriate to the risk.
Security requirements
| Requirement | What it means | Citation |
|---|---|---|
| Risk-appropriate security | Measures must match the level of risk | Art 32(1) |
| State of the art | Consider current technology capabilities | Art 32(1) |
| Cost of implementation | Proportionate to resources | Art 32(1) |
| Nature, scope, context, purposes | Consider what you’re processing and why | Art 32(1) |
| Risk to rights and freedoms | Assess potential harm to individuals | Art 32(1) |
Measures to consider [Art 32(1)]
| Measure | Description | Citation |
|---|---|---|
| Pseudonymisation | Replace identifiers with pseudonyms | Art 32(1)(a) |
| Encryption | Encrypt data in transit and at rest | Art 32(1)(a) |
| Confidentiality | Ensure ongoing confidentiality of systems | Art 32(1)(b) |
| Integrity | Ensure ongoing integrity of systems | Art 32(1)(b) |
| Availability | Ensure ongoing availability of systems | Art 32(1)(b) |
| Resilience | Ensure ongoing resilience of systems | Art 32(1)(b) |
| Restore access | Ability to restore access to data after incident | Art 32(1)(c) |
| Testing | Regularly test, assess and evaluate effectiveness | Art 32(1)(d) |
Staff obligations [Art 32(4)]
Anyone processing data under your authority must only process on your instructions.
Source Text
- Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:
(a) the pseudonymisation and encryption of personal data;
(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
(c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate compliance with the requirements set out in paragraph 1 of this Article.
The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data shall not process them except on instructions from the controller, unless required to do so by Union or Member State law.