Recital 61*

Go to the related Article 23

Commission proposal

(61) The protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organizational measures are taken, both at the time of the design of the processing and at the time of the processing itself, to ensure that the requirements of this Regulation are met. In order to ensure and demonstrate compliance with this Regulation, the controller should adopt internal policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by default.

EDRi’s Proposed amendment

(61) The protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organizational measures are taken, both at the time of the design of the processing and its underlying technologies as well as and at the time of the processing itself, to ensure that the requirements of this Regulation are met. In order to ensure and demonstrate compliance with this Regulation, the controller should adopt internal policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by default. Data protection by design is the process by which data protection and privacy are integrated in the development of products and services through both technical and organisational measures. Data protection by default means that products and services are by default configured in a way that limits the processing and especially the disclosure of personal data. In particular, personal data should not be disclosed to an unlimited number of persons by default.

Justification
If “privacy by design” is going to be effective, it needs to be rigorously implemented at all stages in the design process and should be defined more clearly. Both “data protection by design” and “data protection by default” should be defined more clearly, as the amendment proposes.

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