Minimum Personal Data Determination Guideline – Third: Controller Obligations says that Controllers must take proactive responsibility to apply the Data Minimization Principle by auditing their activities, documenting procedures, training staff, and embedding privacy into the design of systems and processes. Mere convenience or legacy practices are not acceptable justifications for collecting or retaining personal data.
Minimize by design. Review by routine. Train for purpose.
Third: Controller Obligations
Audit and Correct:
1. Controllers shall regularly audit and review their Personal Data processing activities to ensure compliance with the Data Minimization Principle. They shall implement appropriate corrective measures through their employees or the Personal Data Protection Officer.
Purpose Reuse Protocol:
2. When processing Personal Data for a purpose other than that for which it was collected, according to the conditions outlined in Article (10) of the Law, the Controller must ensure that all procedures specifying the data content are documented, including the operations related to the application of the Data Minimization Principle. The Controller must exercise caution to ensure that the purposes for collecting Personal Data are legitimate and specified. Accordingly, Controllers must not collect Personal Data simply because it is convenient to retain it, as this does not constitute a “necessary” purpose.
No Convenience Justification:
3. Controllers must ensure that their employees responsible for collecting Personal Data receive adequate training to understand regulatory obligations regarding Data Minimization. This includes, in particular, training those responsible for designing systems and tools directly involved in the collection and processing of Personal Data to ensure the implementation of the Data Minimization Principle through a “privacy by design” approach.
Explanation of Third: Controller Obligations
Ongoing reviews with DPO oversight:
Minimum Personal Data Determination Guideline – Third: Controller Obligations says that Controllers must regularly assess data processing for overcollection and take remedial steps as needed.
Document procedures for secondary use:
Minimum Personal Data Determination Guideline – Third: Controller Obligations also says that when reusing data for a new purpose, Controllers must document content decisions and ensure minimization still applies.
Equip staff and system designers:
Minimum Personal Data Determination Guideline – Third: Controller Obligations also says that employees and system architects must be trained to apply data minimization principles, especially during system design.
Avoid collecting “just in case”:
Minimum Personal Data Determination Guideline – Third: Controller Obligations also says that data must not be collected simply because it is convenient. It must be necessary and justified by a lawful, defined purpose.
