Module Learning Objective

apply data minimisation when receiving and handling reports

1. Regulatory Concept & Core Standards

Today we will learn to apply data minimisation when receiving and handling reports. Throughout the video, consider the difference between knowing a rule and applying it to a decision. We will work through an example, identify a possible failure and develop a response that can be used at work. A reporting case may contain data about the reporting person, people concerned and third parties. Data protection must accompany the whole lifecycle, from the form to archiving. This course addresses operational decisions. Legal bases and restrictions on rights require assessment of the specific processing.

Data minimisation requires adequate, relevant information limited to what is necessary. Law No 93/2021 requires clearly irrelevant data not to be retained and to be erased immediately, subject to the statutory exception concerning certain oral records. This rule does not authorise deletion of relevant evidence or silent alteration of documents used in the assessment.

National rule: Internal channels allow written and/or oral reports, anonymously or with identification. Identity and information from which it can be deduced are confidential. Disclosure of identity is allowed only under statutory conditions. An initially anonymous reporting person may receive protection if later identified and the legal conditions are met.

2. Practical Implementation & Procedure

Review form fields and the need for attachments. At intake, identify clearly unrelated information, decide what to do and record the decision without reproducing deleted data. Obtain competent assessment if relevance or retention is uncertain. Do not use reporting to create parallel worker information databases without a legitimate purpose. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

An attachment accidentally includes an unrelated customer list. The team confirms irrelevance, deletes unnecessary data through the appropriate procedure and makes a limited record of the event. It does not retain a complete copy merely because it accompanied a report. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Is keeping everything ‘just in case’ compatible with data minimisation? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

Not as a general rule. Retention needs a purpose and a basis. Clearly irrelevant data follow specific deletion rules, while material necessary for the case must be preserved under applicable requirements.

One mistake to avoid is: confusing case integrity with indiscriminate retention of everything received.

The form always requires a name and identity document, but the page advertises anonymity. How should this be corrected?

First apply the national regime and define what the channel actually offers. Where identity is unnecessary, do not require it for technical convenience. Where it is a condition for a particular status, explain that before submission. Correct the fields and public information together while preserving material already received.

National Legal Framework: Lei n.º 93/2021 & RGPC (DL 109-E/2021), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.