Article 5 GDPR: Cardinal Processing Principles & Accountability
Article 5(1) GDPR lays down six mandatory principles: processing must be lawful, pursue explicit purposes, limit data to what is necessary, ensure accuracy, restrict storage periods, and guarantee security. Article 5(2) establishes the core principle of Accountability.
The 6 Cardinal Processing Principles (Art. 5.1)
Article 5(1) of the GDPR constitutes the cornerstone of European data protection regulation. Any personal data processing must continuously comply with these substantive requirements:
- Lawfulness, fairness and transparency (Art. 5.1.a): Processed lawfully, fairly and in a transparent manner in relation to the data subject.
- Purpose limitation (Art. 5.1.b): Collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes.
- Data minimisation (Art. 5.1.c): Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Accuracy (Art. 5.1.d): Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate data are erased or rectified without delay.
- Storage limitation (Art. 5.1.e): Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
- Integrity and confidentiality (Art. 5.1.f): Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
The Accountability Principle & Evidentiary Burden (Art. 5.2 & 24)
Article 5(2) enshrines the foundational principle of Accountability: the controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1.
Accountability is an ongoing proactive obligation: documented policies, data protection impact assessments (DPIAs), records of processing activities, and technical and organisational security safeguards.