Encryption of emails containing personal data – the German supervisory authorities issue guidance

guest · Jun 7, 2020

Encryption of emails containing personal data – the German supervisory authorities issue guidance
June 7, 2020
https://www.technologylawdispatch.c...erman-supervisory-authorities-issue-guidance/

On 26 May 2020, the German Data Protection Authorities (German DPAs) issued guidelines on measures to protect personal data transferred via email (Guidelines; available in German here).

The Guidelines outline requirements for procedures to send and receive emails that must be met by data controllers, data processors and public email service providers (Email Service Providers) to comply with Art. 5(1)(f), 25 and 32(1) of the General Data Protection Regulation (GDPR).
Sending emails containing personal data
Data controllers and processors must implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the data processing, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of the data subjects concerned. [...]
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Comment
In these long-awaited Guidelines, the German DPAs provide detailed guidance on which encryption measures have to be established by controllers, processors and Email Service Providers, when sending personal data via email. However, the German DPAs miss the chance to provide guidance on how to determine whether a normal or high risk exists in this particular context and on what grounds the protection level might be lowered, for example, where the data subject concerned grants their consent.
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