Article 5 GDPR - Principles relating to processing of personal data
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 requires that personal data be processed lawfully, fairly and transparently, collected for specified, explicit and legitimate purposes, adequate, relevant and limited to what is necessary, accurate and kept up to date where necessary, kept in identifiable form no longer than necessary, and processed with appropriate security. Paragraph 2 adds that the controller is responsible for, and must be able to demonstrate, compliance with all of these.
No. Point (b) of paragraph 1 prohibits only further processing that is incompatible with the purposes for which the data were collected, and it deems further processing for archiving in the public interest, scientific or historical research or statistical purposes compatible when carried out in accordance with Article 89(1). For other new purposes, compatibility is assessed under the factors in Article 6(4).
Point (e) of paragraph 1 permits keeping data in a form which allows identification of data subjects only for as long as necessary for the purposes of the processing. Longer storage is allowed solely for archiving in the public interest, scientific or historical research or statistical purposes under Article 89(1), subject to appropriate technical and organisational safeguards, and anonymisation removes the data from the principle altogether since identification is no longer possible.
The controller must not only comply with the principles of paragraph 1 but also be able to demonstrate that compliance. This evidentiary dimension is operationalised elsewhere in the Regulation, notably through the records of processing activities under Article 30, the data protection by design duty in Article 25 and, where required, data protection impact assessments under Article 35.
Article 6 gives concrete content to the lawfulness element of point (a) of Article 5(1), since processing without a valid legal basis is unlawful. The remaining principles apply cumulatively on top of any legal basis, so processing resting on a sound Article 6 ground still infringes the Regulation if it breaches, for instance, data minimisation or storage limitation, and infringements of the basic principles attract the higher fining tier under Article 83(5)(a).