Best practices for compliance in personal data protection

Vivian Gazel,  July 18, 2024

Arias Law - Vivian Gazel, lawyer in Costa Rica and expert in Data Privacy, shares this article on why due to the growing concern for privacy, protection of personal data has become a global priority. Organizations must understand and comply with the applicable local and international regulations. It is essential to adopt technical and organizational measures, maintain and periodically review protection practices, manage ARCO rights, and ensure the secure transfer of international data. Being prepared to respond to data breaches is crucial to protect reputation and avoid penalties.

The protection of personal data has become a priority for organizations worldwide due to the growing concern over privacy and information security. In this regard, several jurisdictions have been issuing regulations with higher standards that companies must follow to protect the personal information of their users. In this article, I share a series of best practices that can help your organization to comply with these regulations and effectively protect personal data.

1. Know and Understand Applicable Regulations

Before adopting any protection measures, it is important for organizations to understand the laws and regulations that apply to their business. This includes not only local laws but also laws from other jurisdictions that may be relevant and applicable to the nature of the business.

Recommended Actions:

• Conduct a thorough legal analysis
• Continuously stay updated

2. Designate a Data Privacy Officer

While not all companies are obligated to have one, and specifically in Costa Rica it is not mandatory, it is a recommended practice to have a dedicated expert overseeing compliance with data protection regulations.

Recommended Actions:

• Appoint a person with specialized knowledge in data protection.
• Clearly define their responsibilities.

3. Conduct a personal data mapping

The first step before beginning to protect data is to understand what data is collected, how it is processed, where it is stored, and who has access to it. This process involves creating an inventory of all personal data processed by the organization.

Recommended Actions:

• Create a record of processing activities.
• Identify areas where data may be at risk and take measures to mitigate those risks.

4. Implement data protection policies and procedures

Clear policies and procedures help ensure that all members of the organization understand their responsibilities and act in accordance with best practices for data protection.

Recomme.nded Actions:

• Develop privacy policies.
• Train staff.

5. Obtain informed consent from users

Consent is the legal basis for processing personal data in Costa Rica. It is essential to obtain prior, explicit, and written consent from users in order to collect and process their data.

Recommended Actions:

• Design forms that clearly explain what data is being collected and for what purpose.

6. Adopt technical and organizational measures for data security

Protecting personal data involves both technical measures (such as encryption and firewalls) and organizational measures (such as access policies and backups).

Recommended Actions:

• Data encryption.
• Access control.
• Incident response plans.

7. Maintenance and regular review of data protection practices

Data protection policies and procedures are not static. It is crucial to periodically review and update them to ensure they remain effective and compliant with current regulations.

Recommended Actions:

• Internal and external audits.
• Review and update policies.

8. Management of ARCO rights

Data protection laws grant individuals various rights over their personal data, such as the right to access, rectify, cancel, and oppose (ARCO rights). Organizations must establish mechanisms to effectively manage these rights.

Recommended Actions:

• Processes for ARCO requests.
• Timely response.

9. International transfers of data

If an organization transfers personal data outside the country, it must ensure that such transfers comply with international regulations, ensuring an adequate level of protection.

Recommended Actions:

• Data transfer agreements.
• Adequacy assessments.

10. Responses to Data Breaches

Despite the best security measures, data breaches can occur. Organizations must be prepared to respond efficiently to these incidents.

Recommended Actions:

• Incident response plan.
• Data breach notification.

The handling of personal data encompasses numerous obligations for organizations of all sizes. Adopting these best practices not only helps comply with legal regulations but also strengthens customer trust, enhances the brand, and protects the company’s reputation. By implementing these best practices, organizations can mitigate risks and ensure responsible and ethical handling of personal information, thereby avoiding significant fines and reputational damage that could impact the profitability of their business.

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