Openness Principle

Definition

The Openness Principle is a fundamental data protection concept requiring organizations to be transparent about their data handling practices. Under this principle, there should be no secret data collection or processing—individuals must be able to readily determine what personal data is being collected, how it's being used, who has access to it, and for what purposes. The principle originated in the OECD Privacy Guidelines and has been incorporated into privacy laws worldwide. In practice, openness means maintaining accessible privacy policies, providing clear notices at collection, and making information available about data practices without requiring individuals to jump through hoops. The GDPR implements this through transparency obligations in Articles 13 and 14, requiring information be provided in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The principle goes beyond merely posting a privacy policy—it requires proactive communication and genuine accessibility. Organizations must ensure their notices are not hidden in fine print, buried in lengthy documents, or written in complex legal jargon. The goal is to enable individuals to make informed decisions about their data and exercise their rights meaningfully.

Applicable Laws & Regulations

  1. 1GDPR Articles 12, 13, 14
  2. 2OECD Privacy Guidelines - Openness Principle
  3. 3PIPEDA Principle 8
  4. 4CCPA § 1798.100(a)

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