A leaflet claims processing is ‘transparent,’ yet the privacy notice is dense, unreadable legalese that individuals cannot reasonably understand. How should transparency be assessed?
Select an answer to reveal the explanation.
Short Explanation
Calling something transparent does not make a wall of legalese suddenly clear. Transparency means people can actually understand what is happening to their data—plain language, not a puzzle for lawyers only. If the leaflet fails the ‘can a normal person get it?’ test, the principle is failing too.
Full Explanation
Lawfulness, fairness, and transparency under Article 5(1)(a), together with Article 12’s communication rules, require information to be provided in a concise, transparent, intelligible, and easily accessible form, using clear and plain language. Labelling a notice ‘transparent’ while delivering unreadable legalese does not meet that standard. Intelligibility for the intended audience is part of the principle, not optional packaging.