Chapter 3: Drafting Documentation
3 Drafting documentation Before you set out to create documentation relating to privacy law compliance and you put pen to paper, consider two threshold questions: Why are you creating the document? Who is your audience? After answering these two threshold questions, you can proceed to preparing an outline and then consider the next two questions: What requirements and considerations apply regarding content, form and organization? What traps and pitfalls should you avoid? In this chapter, you will find suggestions on how to answer these threshold questions, suggestions regarding documentation that companies tend to need and not need, as well as guidance and considerations regarding the drafting of documents. 3.1 3.01 Why are you creating the document? As a general matter, businesses prefer to create less rather than more documentation for a number of reasons: it takes resources to prepare, review, follow and maintain documentation. Published documentation can limit what a company may do with personal data. Plaintiffs and regulators may exploit any failures to comply with promises and representations in written documentation. Companies create data privacy-related documentation primarily for three reasons: laws, market demands and organizational necessities. More specifically: To satisfy legal requirements or enjoy benefits that are legally conditioned on having certain documentation 3.02 DETERMANN PRINT.indd 48 06/07/2012 13:43 Drafting documentation · 49 To respond to market demands (for example, from customers, suppliers, or employees) To communicate and memorialize rules, instructions and restrictions internally within the organization. Sometimes, it can be possible and efficient to pursue more than one...
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