Or you are an early-stage startup with just a couple founders trying to do everything.
It's very different. Here you're requested to answer fairly detailed and potentially tripping questions with potential legal implications on your business. This has little with how you secure things technically. It's all about jumping through some bureaucratic hoops, and wasting your time doing it. Answering those questions won't in any way, shape or form improve the security of your business. It's pure distraction.
My personal experience with the ICO has shown their quite lenient to mistakes, if you can show that you’re your honest best, and getting better.
No point crushing companies that are trying, better of getting the ones that just don’t care.
But it's not even just about getting to a point of getting fined or under some kind of investigation or audit. It can be all those clever customers who would use some automated service or a template, just to waste your time ... At least that's what the original post is about, but I hope it won't be too common.
Around here, regulators are prone to scoring easy points by going after the small, naive fish. All it takes is the wrong incentives: the department needs to show results, so it gives bonuses, or establishes quotas for successfully handled cases. Bam, your small business is now investigated because a government employee needs to meet a quota and correctly guesses you can’t afford competent legal defense.
Answering the questions is not intended to improve the security of your business, it's a form of serving your customers.
The difference is that you know offhand how to do one of these things but not the other.
People keep making this kind of argument, but it makes no sense.
Personal data isn't protected from leaks and privacy intrusions by documents or emails. It's protected by encryption, or only being processed by software with a clear purpose, or simply not being stored in the first place.
I suggest that it is not only possible but also quite likely that a reasonably diligent startup will be taking reasonable practical steps to secure personal data but will not have formal documentation or automated processes in place of the kind that would deal with a SAR like this.
We expect programmers to write working code out of general competence (and we even make sure they know how to write working code in the interview process), but we still write tests and insist that they pass. We expect finance folks to handle money correctly out of general competence, but we still have written policies about how money should be handled. The reason we do these is that good, well-intended people occasionally make mistakes, and in both of these cases, the mistakes have real consequences.
A written policy about how you handle data isn't going to save you if you're messing up in general. But it should be easy to write, and it will save you from "Wait, why did one of our interns add a library that sends stack traces and local variables to a third party? How did this code review even get approved?"
The documents don't protect your users' data. Your general technical practices protect your users' data. The documents protect your general technical practices.
So I think I would still argue that the security benefits of this law in terms of any documentation and processes it requires are at best unproven, and that a startup could be doing the practically useful things needed to protect personal data regardless of how compliant or otherwise they might be with any documentation requirements.
I wanted to tell you how impressed I am with how patiently and clearly you've responded throughout this comment section.
I likewise think the intent of the law is admirable: prevent future Equifax-es, give people control over their data, and centralize the requirements so that companies need to comply with a single EU standard, instead of 28 country-specific ones. But the amount of discretion left to regulators and the lack of any sort of proportionality built into the law make this all very scary. We are expecting a fifteen person small business to have a totally impractical degree of _documentation_ and _formal_ processes, which are 1) very expensive to produce, 2) totally unnecessary for an otherwise reasonable and well-intentioned group of people, and 3) crucially, basically orthogonal to actual data privacy and security best practices.
And even if you comply with the letter of the law, just reading and understanding an email like the one in this post will require hundreds of dollars of company time – beyond reading it, it will need to be escalated, someone will need to loop in a few other people to help with any new technical details, and so forth. If the fully-loaded cost of a white collar employee is $75/hr, this all gets expensive very quickly, and that cost can be levied on a company by an email that can be sent in one minute. Nobody is going to bring down Google with GDPR-spam but it would not be hard to do serious damage to a company of ten people.
There are a lot of well-meaning thoughts in this thread from people who are frustrated at the status quo but unfortunately don't understand how little this law will do to change it and how huge its costs will be.
When you try to deliver a novel product and build a business around it, you are forced to develop a strong sense of practicality and an understanding of the machinery of a business. Most people have never done this. Despite being very intelligent, a lot of these people haven't experienced the realities of creating a business, and as a consequence they don't really understand just how harmful this kind of law can be.
I admire how patient and articulate you are. (And I think your thoughts are clear and your point of view is correct and badly needed.) Would love to buy you a beer sometime.
Since Silhouette (and gdpr_throwaway) want to keep their anonymity, I opted for virtual beers by upvoting :) But happy to convert those karma points to real food or drink -- and hopefully an insightful conversation -- if you feel like getting in touch (my details aren't so private).
For the few small companies I've worked for, this would have been a bit of work once (document the dataflows), and then a fairly easy set of queries to be repeated each time.
To add to a sibling comment, Google can afford a big enough legal department for estimated 0.00000x% of their turnover that deals exclusively with these.
For smaller organizations, this becomes more like 0.x% of turnover...
Not to mention the distraction and plain overhead when you're juggling so many other things.
By that logic don't you need a lawyer to handle all customer support interaction?
Couldn't you get sued to fraud if you fail to document purchases in a legal-safe way?
The part that's not clear about the GDPR is whether you're obligated to manually answer any data-related question a user has, or if you can just post a comprehensive FAQ + data export / account deletion tool, and auto-respond to GDPR requests with links to those.
Here is a listing of everything you have a right to know about our company and processes under GDPR:
<huge info dump>
Here is all of the personal data we have about you:
<very long CSV file>
Ideally, the most time-consuming part of responding, after the first such letter, will be verifying the user's identity.
Then limit what you record. What do you need to store that isn't visible from peoples user profile when logged in?
It's unlikely that the number of requests of the type referenced in this article would be sufficiently large enough at that stage that it wouild "eliminate the value proposition."