The Processing-Susceptible Medium Factor extends the applicability of data protection laws to personal information recorded in any medium that makes it susceptible to processing, regardless of the form or technology used. This factor ensures comprehensive coverage of personal data across various storage and processing methods.

Provision Examples:

"ARPPIPS Div.1(1) in Canada - Quebec: The Act applies to such information, whether the enterprise keeps the information itself or through the agency of a third person, whatever the nature of its medium and whatever the form in which it is accessible, whether written, graphic, taped, filmed, computerized, or other."

"LPPD № 18.331 Art.3(1) in Uruguay: The regime of the present law shall apply to personal data recorded in any medium that makes them susceptible to processing, and to any subsequent use of such data by the public or private sectors."

Description

The Processing-Susceptible Medium Factor is incorporated into data protection laws to ensure that personal data is protected regardless of the technology or medium used for its storage and processing. This approach reflects the rapid evolution of data storage and processing technologies and aims to future-proof legislation against technological advancements.The rationale behind this factor includes:

1. Comprehensive protection: It ensures that personal data is protected regardless of how it is stored or processed, closing potential loopholes that might arise from technological innovations.
2. Technology neutrality: By not specifying particular technologies or mediums, the law remains applicable as new data storage and processing methods emerge.
3. Broad scope of application: It extends the law's reach to cover all forms of personal data, from traditional paper records to advanced digital storage systems.

Implications

This applicability factor has several implications for businesses processing personal data:

1. Comprehensive data inventory: Companies must maintain a thorough inventory of all personal data they process, regardless of its form or storage medium. For example:
   • A healthcare provider must consider not only electronic health records but also handwritten notes, x-ray films, and voice recordings of patient consultations.
   • A retail business must account for customer data in its digital CRM system, paper loyalty card applications, and security camera footage.
2. Technology-agnostic compliance: Businesses must ensure compliance across all data processing activities, regardless of the technology used. For instance:
   • A company using both cloud storage and on-premises servers must apply the same data protection standards to both.
   • A market research firm must protect personal data collected through online surveys, in-person interviews, and IoT devices equally.
3. Third-party processing considerations: The inclusion of third-party processing in Quebec's provision highlights the need for businesses to ensure compliance when outsourcing data processing. For example:
   • A company using a third-party payroll service must ensure that the service provider complies with applicable data protection laws, regardless of how they store or process the data.
4. Future-proofing data protection strategies: Companies must develop flexible data protection strategies that can adapt to new technologies. For instance:
   • A tech company developing new data storage methods must ensure that its innovations comply with existing data protection laws from the outset.
5. Broad interpretation of "processing": Businesses must consider that any interaction with personal data, including storage, could be considered processing. For example:
   • A library must protect patron borrowing records, whether they are stored in a card catalog system or a digital database.