Exploring Pseudonymisation under the GDPR: A Data Protection Strategy – request for input (consultation)

Data protection professionals are always in search of robust strategies to enhance privacy and security. The General Data Protection Regulation GDPR introduces and emphasizes pseudonymisation as a critical measure. As experts in the field, understanding the nuances, benefits, and implementation of pseudonymisation is vital to fulfilling data protection obligations effectively.

Understanding Pseudonymisation

Pseudonymisation is recognized for the first time in EU law under the GDPR and is referred to multiple times as a safeguard to mitigate the risks associated with data processing. It involves processing personal data in such a way that the data can no longer be attributed to a specific individual without the use of additional information. This process diminishes the probability of unauthorized access and misuse of personal data, allowing controllers to conduct analyses and merge records when applicable.

Operational Flexibility with Pseudonymisation

An advantage of pseudonymisation is that it allows data controllers to switch between processing data in its original form and pseudonymised form, depending on the processing phase. This dual capability aligns with the principle of data protection by design and by default, enabling controllers to address security risks effectively. However, it should be noted that pseudonymised data, still considered personal, can be linked to an individual if supplementary information can be accessed.

Pseudonymisation and Compliance

The GDPR does not mandate pseudonymisation across the board. Instead, it leaves the choice of employing this technique to the discretion of data controllers, influenced by the nature, scope, and purposes of the data processing activity. It is recommended for meeting obligations such as the data minimisation principle and in scenarios where legal frameworks of the EU or Member State law require its use.

Risk Management and Legal Bases

Pseudonymisation plays a significant role in risk management. It can support controllers in justifying legitimate interests as a legal basis for data processing under Article 6 1 f of the GDPR. Moreover, it guarantees compatibility of further processing and assures a level of protection during data transfer, thereby meeting privacy standards.

Implementing Pseudonymisation Effectively

For effective implementation, controllers must clearly analyze and define the risks they aim to mitigate with pseudonymisation. The objective is always to reduce these risks to an acceptable level, ensuring that pseudonymisation measures are suited to the specific processing activity. Careful planning, coupled with a solid understanding of the GDPR’s requirements, is essential for professionals tasked with maintaining data integrity and privacy through this technique.

The European Data Protection Board welcomes comments on the Guidelines 01/2025 on Pseudonymisation.

Such comments should be sent 28th February 2025 at the latest

 source: https://www.edpb.europa.eu/our-work-tools/documents/public-consultations/2025/guidelines-012025-pseudonymisation_en