To lawfully gather personal information, there must first be a legitimate and specific purpose. For instance, service providers collecting customer data for marketing and promotional notifications, or real estate brokers obtaining property owner details to facilitate sales. Additionally, at least one of the following conditions must be met:

1. Explicit legal authorization.

2. A contractual or quasi-contractual relationship with the individual.

3. The individual has voluntarily made their information publicly available, or it has been lawfully disclosed.

4. Academic research institutions require the data for public-interest statistical or academic purposes, provided the information has been anonymized to prevent identification.

5. Written consent has been obtained from the individual.

6. The data collection is connected to public interest.

If an organization collects personal information directly from individuals, it must disclose the following details at the time of collection:

• The identity of the collector.

• The purpose of the data collection.

• The categories of personal data being collected.

• The duration, geographical scope, recipients, and methods of data use.

• The rights available to the individual and how to exercise them.

• The consequences of not providing the requested data.

However, if the data is obtained indirectly, the above disclosures are not required at the point of collection but must be made before data processing or usage unless:

• Exempted by law.

• Necessary for fulfilling legal obligations.

• Disclosure would hinder public authority duties.

• Disclosure would harm significant interests of third parties.

• The individual already knows the information.

Any activity involving the collection, processing, or use of personal data—whether stored digitally, recorded on paper, or noted informally—must adhere to data protection regulations. For data collected before the enactment of relevant laws, organizations are required to inform individuals of their data possession within a year of the law’s implementation to continue using it.

Legal Grounds for Collection and Consent Requirements

Businesses often justify data collection and processing based on contractual or quasi-contractual relationships. Otherwise, they must obtain written consent from individuals. In cases where electronic signatures are used, they must comply with the Electronic Signatures Act to ensure authenticity and identity verification.

For data that individuals have publicly disclosed, researchers must anonymize the information for academic use. Moreover, new legal provisions now recognize “commonly accessible sources” of information, such as publicly available blogs, social media profiles, or other non-restricted online platforms. However, restrictions apply, such as prohibitions on using data from minors or information protected under specific laws.

Notification and Documentation Obligations

Organizations must maintain records of all actions related to compliance with data protection laws. This includes obtaining consent, responding to individual requests, and ensuring transparent data usage. Notification obligations are categorized based on whether the data is collected directly or indirectly. Direct collection requires disclosure at the time of collection, while indirect collection allows for notification before data processing or use.

Failure to comply with these obligations can lead to significant penalties. Organizations face fines ranging from $2,000 to $50,000 for non-compliance, and individuals responsible may face additional penalties. If violations are profit-driven, penalties may include imprisonment and increased fines.

Key Considerations for Businesses

Businesses must align their data collection practices with data protection laws. This includes:

• Ensuring all data is collected for specific purposes and used within those limits.

• Obtaining written consent or relying on other lawful grounds for collection.

• Notifying individuals of data usage and their rights.

• Maintaining accurate records for compliance purposes.

Even data obtained from lawful public sources must be reassessed if its legality is later questioned. If the purpose of data use differs from the original purpose, organizations must obtain fresh written consent unless an exception applies.

Global Scope of Data Protection

In recognition of the borderless nature of the internet and modern technology, data protection laws also apply to the collection, processing, or use of data belonging to citizens, regardless of where it occurs. This ensures that citizens’ privacy is safeguarded, even outside national borders.