The principle of minimization and the principle of proportionality in the processing of personal data are fundamental concepts within data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union. Both principles are designed to ensure that organizations handle personal data responsibly, ethically and in accordance with the law, limiting its collection, use and retention, reducing it to what is strictly necessary.
The minimization principle establishes that personal data collected and processed must be adequate, relevant and limited to what is necessary in relation to the specific purposes for which it is processed. This implies that an organization should not collect more data than necessary, nor process personal data that does not have a clearly defined purpose.
This principle requires organizations to determine in their collection and processing processes the existing reasons to identify and justify what data they need, how they will use it, and whether it is possible to achieve the same objectives with less data or anonymously, to ensure that They are not collecting unnecessary or excessive information.
From an eminently practical perspective, this principle of minimization in the processing of personal data requires the development of a series of specific actions, which are the following: a). Define the purposes of the processing, and with this, before collecting any data, organizations must clearly determine the specific purpose of the processing. This prevents excessive or indiscriminate collection of personal data. b). Eliminate information that is redundant. c). The use of technical tools and measures, being recommended the use of those that allow personal data to be anonymized or pseudonymised whenever possible, since these techniques reduce exposure to risk, and comply with the principle of minimization.
On the other hand, the principle of proportionality complements the principle of minimization, and establishes that the measures and actions adopted in the processing of personal data must be proportionate to the objective pursued. This principle seeks to guarantee that the processing of data is reasonable and not excessive in relation to the purposes pursued, which has a broader dimension, since it not only focuses on the amount of data collected, but also on the measures used during treatment, such as security, monitoring tools and conservation policies.
That is, any collection, use, transfer or storage of data must be reasonable in relation to the legitimate purposes that motivate such processing. This implies that organizations cannot justify using intrusive or excessive methods to collect or process personal data if there are less intrusive alternatives to achieve the same purpose.
From a practical perspective, the principle of proportionality has the following characteristics: a). The relationship between means and ends. In this sense, organizations must evaluate whether the means used to collect and process data are proportionate in relation to the purpose pursued. This includes limiting access to data to only those people who truly need it to fulfill their role. b). The duration of storage. The principle of proportionality requires that data be kept only for the time necessary for the purposes of the processing. Data that is no longer useful should be securely deleted. c). The processing of personal data must be balanced in terms of intrusion into privacy.
The importance of these principles lies in their role in protecting people’s privacy, guaranteeing ethics in the handling of personal information and preventing abuses in data processing.
Compliance not only protects people from risks such as loss of privacy, discrimination or misuse of their information, but also reinforces public trust in the entities that handle their data. Furthermore, respect for these principles allows organizations to comply with legal regulations, avoiding legal sanctions and reputational damage.
In practice, to apply these principles, organizations should implement measures such as conducting privacy impact assessments, designing processes and systems that limit data access and use to only what is necessary, and establishing clear policies on the deletion of data. personal data once it is no longer required. Consequently, it can be stated that the principles of minimization and proportionality are essential pillars to guarantee that the processing of personal data is fair, transparent, and respectful of people’s fundamental rights.
Regarding the relationship between both principles, it should be noted that, although the principle of minimization and the principle of proportionality are different, they are deeply interrelated. Both seek to balance the privacy rights of individuals with the legitimate needs of organizations.
While the principle of minimization focuses on reducing the amount of data processed to a minimum, the principle of proportionality ensures that the measures used in said processing do not exceed what is necessary. Both principles are designed to protect the rights of individuals, specifically their right to privacy and the protection of their personal data, and reduce the risk of discrimination, abuse or breaches of sensitive data.
Reducing the amount of data processed and ensuring that the processing is proportionate minimizes the risks of information leaks, cyberattacks, and other security incidents. It should be noted that both principles promote the responsible use of technology, since by promoting practices such as anonymization, pseudonymization, and selective storage, organizations can innovate without compromising privacy.
#Principles #minimization #proportionality #processing #personal #data
