Balancing Privacy and Data Access through Pseudonymisation: A Corporate and Legal Perspective
Introduction
In today’s digital world, where everything is related to data, the more data you own, the more control and compliance you have over the market, which is why companies are looking for ways to use data to improve their business. But at the same time, they have to make sure they are protecting people’s privacy. It is very tricky to strike a balance between both of them. Imagine you are trying to bake a cake where you need to use all the ingredients to make it taste great, but you also have to make sure no one can tell what’s in it. That’s kind of what companies are dealing with when it comes to data. Here, ‘Pseudonymisation’ emerges as a critical technical and legal mechanism that offers a middle ground between data anonymisation and unrestricted data processing.
Legal Framework and Regulatory Landscape
Pseudonymisation, as defined by the General Data Protection Regulation (GDPR) in Article 4(5), refers to “the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person”. This technique represents a paradigm shift in data protection strategy, enabling organisations to preserve data utility while significantly reducing privacy risks. The growing importance of this balance is evident in the proliferation of data protection laws worldwide, from GDPR in Europe to India’s Digital Personal Data Protection Act (DPDP) of 2023.
Its legal treatment varies across jurisdictions, but a convergent approach is emerging that recognises its value as a data protection safeguard while maintaining that the pseudonymised data remains personal data. Article 25(1) of GDPR recognises it as “an appropriate technical and organisational measure” and emphasises its role in reducing risks to data subjects. It protects personal data by reducing the risk of identifying individuals during data processing. The European Data Protection Board’s (EDPB) 2025 Guidelines on Pseudonymisation provide detailed guidance emphasising the importance of defining the “pseudonymisation domain”. It defines who is prevented from attributing data to specific individuals and ensures that the technical and organised measures are in place to block unauthorised linkage of pseudonymised data to the original data subjects. In India, while the DPDP Act does not explicitly define pseudonymisation, legal scholars argue that such data would still fall under the definition of personal data, as it remains potentially identifiable. The Act defines personal data defined in section 2(t) broadly as “any data about an individual who is identifiable by or in relation to such data,” suggesting that the pseudonymised information, being reversible, would continue to require compliance with data protection obligations.
Further, the DPDP Act, 2023 also includes principles of data minimisation and purpose limitation. Section 8(4) says that a “Data Fiduciary shall implement appropriate technical and organisational measures to ensure effective observance of the provisions of this Act and the Rules made under it.” The concept of Pseudonymization fits here because it is a recognised technical safeguard, which means companies can use pseudonymization as one of the methods or part of their compliance toolkit under Section 8(4) of the DPDP Act. However, its use should be assessed on a case to case basis, since ‘encryption’ is also considered one of the strongest methods for protecting personal data. The suitability of pseudonymization depends on the nature of the processing activity, the type of data involved, and the level of risk that needs to be mitigated. In practice, organisations may use pseudonymization in combination with other safeguards to strengthen overall compliance and security.
The European Court of Justice’s recent jurisprudence has introduced nuanced considerations about when pseudonymised data might not constitute personal data for certain entities. In cases where only the original controller possesses the means to re-identify individuals, third parties processing such data may not be subject to the full scope of data protection obligations, provided they cannot reasonably identify the data subjects. The “means reasonably likely” assessment represents a significant development in understanding the boundaries of data protection law.
Corporate Implementation Strategies
Companies find that pseudonymisation is not just about following rules, but it also brings real benefits. By using this technique, businesses can keep their data more secure and reduce the damage in the event of a breach. Customers feel more confident knowing that their information is protected, which builds trust. Additionally, companies can utilise this data for their research or other important purposes without compromising user privacy.
Key Benefits of Pseudonymisation:
- Enhanced Privacy Protection: It hides personal details like names or IDs with fake ones (with artificial values or codes), making it harder for accidental privacy breaches.
- Preserved Data Utility: Unlike completely anonymous data, pseudonymised data keeps its usefulness by maintaining important patterns and relationships within datasets.
- Facilitate Data Sharing: It’s easier to share pseudonymised data with partners or researchers because it protects privacy while still being useful.
However, using pseudonymisation is not as easy as companies have to deal with tricky technical issues like choosing the right methods, such as encryption or tokenisation and managing security keys safely. They have to implement strong policies to stop anyone from figuring out who the data belongs to. This can get expensive and complicated, especially when dealing with a large amount of data, and it often requires expert help and regular upkeep.
Balancing Privacy Rights and Data Utility
The primary challenge in pseudonymisation is striking the right balance between protecting individuals' privacy and maintaining the utility of the data. To get this right, companies need to consider several factors, such as why they are using the data, the potential hacker's level of skill, and the type of data being used.
Conclusion
Pseudonymisation offers a practical middle ground between full anonymisation and restricted data use, enabling organisations to harness the value of data while protecting individual privacy. Legally, it is recognised as a safeguard but still treated as personal data, requiring compliance under frameworks like GDPR and India’s DPDP Act. For companies, it is not only regulatory adherence but also ensuring that it builds trust and enhances data security. However, its effectiveness depends on robust technical methods, governance, and vigilance. Striking the right balance between privacy and data utility is crucial for sustainable, ethical, and innovation-driven data practices.
References:
- https://gdpr-info.eu/art-4-gdpr/
- https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf
- https://gdpr-info.eu/art-25-gdpr/
- https://www.edpb.europa.eu/system/files/2025-01/edpb_guidelines_202501_pseudonymisation_en.pdf
- https://curia.europa.eu/juris/document/document.jsf?text=&docid=303863&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=16466915
- https://curia.europa.eu/juris/document/document.jsf?text=&docid=303863&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=16466915
Related Blogs
Introduction
The Kerala High Court banned the use of mobile phones during office hours on the 2nd of December 2024, and issued an Official Memorandum titled, ‘Indulgence In Online Gaming And Watching Social Media Content During Office Hours’. This memorandum, issued by the Registrar General, prohibits mobile phone usage for personal activities such as gaming and social media during working hours. This memorandum aims to curb the productivity woes and reinforce professional discipline and further ensure the smooth functioning of the office operations.
The memorandum reiterated its earlier notices from 2009 and 2013, where the High Court had emphasised that violations would be taken seriously. This reflects the High Court’s commitment to maintaining efficiency and professionalism in the workplace. According to the memorandum, controlling officers will monitor the staff for violations and strict actions will be taken if the rules are flouted.
Background
The circumstances that led to the Kerala HC’s decision are as follows: staff engaged in playing online games, browsing social media, watching videos or movies and even engaging in online shopping or trading during work hours, excluding the allocated lunch recess (as per the memorandum).
As mentioned earlier, this memorandum is not the first of its kind. There were similar directives that were issued in 2009 and 2013 to target the poor productivity standards, rooted in the staff members' behaviours. The present memorandum is unlike the previously mentioned ones as, it specifically addresses the rise in mobile-based distractions, like online gaming and trading. The present directive does not outline any exceptions to senior officials with designated responsibilities, and emphasises universal adherence for all levels of the workforce.
According to Cell Phones at Workplace Statistics, around 97% of workers use their smartphones during work hours, mixing personal and job-related activities. And more than 55% of managers say that cell phones are a major reason for lower productivity among employees.
Therefore, it can be safely concluded that even though smartphones have become indispensable tools for communication, their misuse has wider implications for overall organisational productivity.
CyberPeace Outlook
The Kerala High Court's decision to restrict personal mobile phone usage during work hours underscores the importance of fostering a disciplined and focused workplace environment. While smartphones are vital for communication, their misuse poses significant productivity challenges. Some proactive steps that employers can take are implementing clear policies, conducting regular training sessions and promoting a culture of accountability. Balancing digital freedom and professional responsibility is the key to ensuring that technological tools serve as enablers of efficiency rather than distractions in the workplace.
References
- https://www.thehindu.com/sci-tech/technology/kerala-high-court-issues-memo-banning-staff-from-gaming-and-social-media-during-work-hours/article68963949.ece
- https://timesofindia.indiatimes.com/technology/tech-news/kerala-high-court-bans-mobile-gaming-and-social-media-for-staff-during-work-hours/articleshow/116101149.cms
- https://images.assettype.com/barandbench/2024-12-05/1hiq8ffv/Kerala_High_Court_OM.pdf
- https://www.coolest-gadgets.com/cell-phones-at-workplace-statistics/
Introduction
Human Trafficking has been a significant concern and threat to society for a very long time. The aspects of our physical safety also have been influenced by human traffickers and the modus operandi they have adopted and deployed over the years. We are always cautious of younger children in regard to trafficking whenever we go out to crowded or unknown places. This concern and threat have also migrated to cyberspace and now pose new and different tangents of threats. These crimes are committed using technology and are further substantiated by different cybercrimes.
What is Cyber-Enabled Human Trafficking?
Cyber-enabled human trafficking is the new evolution of human trafficking in the digital age. Bad actors lure the victims via the internet and use social engineering to exploit their vulnerabilities to get them into their traps. In today's time, crime is often substantiated in lieu of fake job offers and a better lifestyle in new and major metropolitan cities. Now this crime has gone beyond the geographical boundaries of our nation, and often the victims end up in remote locations in the Middle East or South East Asia.
Cybercrime Hubs in Myanmar
The reports have indicated that a lot of trafficked victims are taken down to various cybercrime hubs in Myanmar. The victims are often lured on the pretext of job offers overseas, which pay handsomely. The victims make their way into the foreign nation but are then cornered by the bad actors and are segregated and taken into different hubs. The victims are often school graduates and seek basic jobs for their earnings. The victims are taken into Cybercrime hubs which Chinese syndicate criminals allegedly run.The victims are kept in tough conditions, beaten up, and held captive in remote jungles. Once the victim has lost hope, the criminals train them to commit cyber frauds like phishing. The victims are given scripts and mobile numbers to commit cybercrimes. The victims are given targets to ensure their survival, and due to the dark and threatening conditions, the victims just give up on the demands just to remain alive. Some of the victims make their way back home as well, but that is after 6-7 years of such constant torture and abuse to commit cybercrimes. The majority of such survivors face trouble seeking legal assistance as the criminals are almost impossible to track, thus making redressal for crimes and rehabilitation for survivors tough.
How to stay safe?
The criminals in such acts often target the vulnerable sector of the population, these people generally hail from tier 3 towns and rural areas. These victims aspire for a better life and earning opportunities, and due to less education and minimal awareness, they fail to see the traps set by the victims. The population at large can deploy the following measures and safe practices to avoid such horrific threats-
- Avoid Stranger interaction: Avoid interacting with strangers on any online platform or portal. Social media sites are the most used platforms by bad actors to make contact with potential victims.
- Do not Share: Avoid sharing any personal information with anyone online, and avoid filling out third-party surveys/forms seeking personal information.
- Check, Check and Recheck: Always be on alert for threats and always check and cross-check any link or platform you use or access.
- Too good to be true: If something feels like Too good to be true, it probably is and hence avoid falling for attractive job offers and work-from-home opportunities on social media platforms.
- Know your helplines: One should know the helpline numbers to make sure to exercise the reporting duty and also encourage your family members to report in case of any threat or issue.
- Raise Awareness: It is the duty of all netizens to raise awareness in society to arm more people against cybercrimes and fraud.
Conclusion
The name of cybercriminals is spreading all across the ecosystems, and now the technology is being deployed by such bad actors to even substantiate physical crimes. We need to be on alert and remain aware of such crimes and the modus Operandi of cyber criminals. Awareness and education are our best weapons to combat the threats and issues of cyber-enabled human trafficking, as the criminals feed on our vulnerabilities, lets eradicate them for once and for all and work towards creating a wholesome safe cyber ecosystem for all.https://www.scmp.com/week-asia/politics/article/3228543/inside-chinese-run-crime-hubs-myanmar-are-conning-world-we-can-kill-you-here
Executive Summary:
A photo that has gone viral on social media alleges that the Indian company Patanjali founded by Yoga Guru Baba Ramdev is selling a product called “Recipe Mix for Beef Biryani”. The image incorporates Ramdev’s name in its promotional package. However, upon looking into the matter, CyberPeace Research Team revealed that the viral image is not genuine. The original image was altered and it has been wrongly claimed which does not even exist. Patanjali is an Indian brand designed for vegetarians and an intervention of Ayurveda. For that reason, the image in context is fake and misleading.
Claims:
An image circulating on social media shows Patanjali selling "Recipe Mix for Beef Biryani”.
Fact Check:
Upon receiving the viral image, the CyberPeace Research Team immediately conducted an in-depth investigation. A reverse image search revealed that the viral image was taken from an unrelated context and digitally altered to be associated with the fabricated packaging of "National Recipe Mix for Biryani".
The analysis of the image confirmed signs of manipulation. Patanjali, a well-established Indian brand known for its vegetarian products, has no record of producing or promoting a product called “Recipe mix for Beef Biryani”. We also found a similar image with the product specified as “National Biryani” in another online store.
Comparing both photos, we found that there are several differences.
Further examination of Patanjali's product catalog and public information verified that this viral image is part of a deliberate attempt to spread misinformation, likely to damage the reputation of the brand and its founder. The entire claim is based on a falsified image aimed at provoking controversy, and therefore, is categorically false.
Conclusions:
The viral image associating Patanjali and Baba Ramdev with "Recipe mix for Beef Biryani" is entirely fake. This image was deliberately manipulated to spread false information and damage the brand’s reputation. Social media users are encouraged to fact-check before sharing any such claims, as the spread of misinformation can have significant consequences. The CyberPeace Research Team emphasizes the importance of verifying information before circulating it to avoid spreading false narratives.
- Claim: Patanjali and Baba Ramdev endorse "Recipe mix for Beef Biryani"
- Claimed on: X
- Fact Check: Fake & Misleading
