Fair Processing

A fundamental privacy principle requiring that personal data be processed fairly and in ways that individuals reasonably expect, without deception or unfair practices. Fair processing means transparency about data practices, giving individuals meaningful information and control, avoiding processing that causes unjustified adverse effects, respecting individuals' rights and interests, and processing data consistently with how it was presented to individuals. Unfair processing includes collecting data through deception, using data in unexpected ways without notice, processing that disadvantages vulnerable groups, exercising unfair power imbalances, or applying data practices that reasonable people would find objectionable. Fair processing is often paired with lawful processing—you need both lawful basis and fair processing. Courts and regulators assess fairness contextually, considering power dynamics, vulnerability of individuals, transparency provided, and whether processing aligns with reasonable expectations. Fair processing is foundational to trust-based data relationships.