The "Filing System Criterion" is used to determine the applicability of data protection laws by extending the scope of the legislation to include manual processing of personal data that is organized in a systematic way. This criterion ensures that data which is not processed automatically but is still structured to allow for easy retrieval and access is covered under data protection regulations.

Provision Examples

"GDPR Art.2(1) in EU: 1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system."

"Austria DSG. § 4 (1): The provisions of Regulation (EU) 2016/679 [...] shall apply to the processing of personal data of natural persons wholly or partly by automated means and to the processing other than by automated means of personal data of natural persons which form part of a filing system or are intended to form part of a filing system, unless the more specific provisions of Chapter 3 of this federal law prevail."

Description

The "Filing System Criterion" is crucial for defining the scope of data protection laws by including non-automated, manually processed data that is organized systematically. Here’s an in-depth analysis:

Rationale

• Comprehensive Coverage: This criterion extends data protection laws to cover manually processed data, ensuring that both automated and organized non-automated data are subject to protection. This approach helps to close gaps that could otherwise leave systematic manual records unprotected.
• Systematic Organization: By focusing on data that is structured or organized in a manner that allows for retrieval, this criterion acknowledges that even non-digital data can be as sensitive and significant as digital data, requiring similar protection.

Commonalities

• Systematic Organization: Across jurisdictions, the criterion consistently applies to personal data that is part of or intended to be part of a "filing system" or structured set of data. This includes data organized by specific criteria that make it accessible and retrievable.
• Inclusivity: The criterion universally includes both automated and non-automated processing as long as the data is part of a filing system, demonstrating a broad approach to data protection.

Approaches

• GDPR (EU): "This Regulation applies to the processing of personal data [...] which form part of a filing system or are intended to form part of a filing system." The GDPR explicitly includes both automated and manual data processing when the data forms part of a filing system, reflecting a comprehensive approach to data protection.
• Austria DSG: "Shall apply to the processing of personal data [...] which form part of a filing system or are intended to form part of a filing system." This reflects the same principle as the GDPR but includes a provision for more specific local regulations.
• DIFC DPL (UAE): "This Law applies to the Processing of Personal Data [...] other than by automated means where the Personal Data forms part of a Filing System or is intended to form part of a Filing System." This approach similarly ensures manual processing data within a filing system is covered.

International treaties such as the GDPR include this criterion to ensure comprehensive data protection across various forms of data processing, including those that are manual but systematically organized.

Implications

Business Scenarios

• Manual Record Keeping: Businesses that maintain manually processed records organized systematically must comply with data protection regulations. For instance, a company in the EU that keeps physical files with personal data must ensure these records are protected under GDPR.
• Compliance Burden: Organizations handling personal data in structured physical formats, such as medical records or customer files, need to integrate data protection practices into their manual processes to comply with relevant regulations.

Illustrative Cases

• Healthcare Providers: A healthcare provider in Austria with patient records maintained in physical filing systems must ensure these records are protected according to the DSG, as they are part of a filing system.
• Customer Databases: A company operating in the UAE with a manual system for customer records must comply with DIFC DPL provisions, covering both automated and non-automated data that is part of a filing system.

By extending data protection laws to include systematically organized manual data, this criterion ensures a comprehensive approach to data protection that addresses both digital and physical data handling practices.