Each of the 27 members of the EU was responsible for adopting and enforcing their own privacy or data protection laws. Countries that are not members of the EU, such as Norway, Iceland, and Switzerland, adopted EU compliant laws as part of their integrated trade policies. This EU Directive remained in effect until 2018 when it was replaced by the GDPR discussed below . The EU Data Directive had five principles that are set forth in Article 6 of the Directive as follows: Article 6 1. Member States shall provide that personal data must be: (a) processed fairly and lawfully; (b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible provided that Member States provide appropriate safeguards; (c) adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed; (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete, having regard to the purposes for which they were collected or for which they are further processed, are erased or rectified; (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed. Member States shall lay down appropriate safeguards for personal data stored for longer periods for historical, statistical or scientific use. [emphasis added] Data Controller or Processor? The EU Data Directive established the concepts of a “controller” and “processor” and created specific legal obligations applicable to the data controllers. A controller determines the purposes and means of the processing of personal data. The controller decides how the data is collected, stored, used, altered and disclosed. The processor is a person (other than an employee of the controller)
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