Given the very high level of internet access in the EU and the fact that data subjects can go online at any time, from multiple locations and different devices, as stated above, WP29’s position is that an “appropriate measure” for providing transparency information in the case of data controllers who maintain a digital/ online presence, is to do so through an electronic privacy statement/ notice. However, based on the circumstances of the data collection and processing, a data controller may need to additionally (or alternatively where the data controller does not have any digital/online presence) use other modalities and formats to provide the information. Other possible ways to convey the information to the data subject arising from the following different personal data environments may include the following modes applicable to the relevant environment which are listed below. As noted previously, a layered approach may be followed by controllers where they opt to use a combination of such methods while ensuring that the most important information (see paragraph 36 and 38) is always conveyed in the first modality used to communicate with the data subject. a. Hard copy/ paper environment, for example when entering into contracts by postal means: written explanations, leaflets, information in contractual documentation, cartoons, infographics or flowcharts; b. Telephonic environment: oral explanations by a real person to allow interaction and questions to be answered or automated or pre-recorded information with options to hear further more detailed information; c. Screenless smart technology/ IoT environment such as Wi-Fi tracking analytics: icons, QR codes, voice alerts, written details incorporated into paper set-up instructions, videos incorporated into digital set-up instructions, written information on the smart device, messages sent by SMS or email, visible boards containing the information, public signage or public information campaigns; d. Person to person environment, such as responding to opinion polls, registering in person for a service: oral explanations or written explanations provided in hard or soft copy format; e. “Real-life” environment with CCTV/ drone recording: visible boards containing the information, public signage, public information campaigns or newspaper/ media notices.
Given the very high level of internet access in the EU and the fact that data subjects can go online at any time, from multiple locations and different devices, as stated above, WP29’s position is that an “appropriate measure” for providing transparency information in the case of data controllers who maintain a digital/ online presence, is to do so through an electronic privacy statement/ notice. However, based on the circumstances of the data collection and processing, a data controller may need to additionally (or alternatively where the data controller does not have any digital/online presence) use other modalities and formats to provide the information. Other possible ways to convey the information to the data subject arising from the following different personal data environments may include the following modes applicable to the relevant environment which are listed below. As noted previously, a layered approach may be followed by controllers where they opt to use a combination of such methods while ensuring that the most important information (see paragraph 36 and 38) is always conveyed in the first modality used to communicate with the data subject. a. Hard copy/ paper environment, for example when entering into contracts by postal means: written explanations, leaflets, information in contractual documentation, cartoons, infographics or flowcharts; b. Telephonic environment: oral explanations by a real person to allow interaction and questions to be answered or automated or pre-recorded information with options to hear further more detailed information; c. Screenless smart technology/ IoT environment such as Wi-Fi tracking analytics: icons, QR codes, voice alerts, written details incorporated into paper set-up instructions, videos incorporated into digital set-up instructions, written information on the smart device, messages sent by SMS or email, visible boards containing the information, public signage or public information campaigns; d. Person to person environment, such as responding to opinion polls, registering in person for a service: oral explanations or written explanations provided in hard or soft copy format; e. “Real-life” environment with CCTV/ drone recording: visible boards containing the information, public signage, public information campaigns or newspaper/ media notices.