Tag: gdpr

General Data Protection Regulation

The 1998 Data Protection Act was passed by Parliament to control the way information is handled and to give legal rights to people who have information stored about them.

Other European Union countries have passed similar laws and there is the complication that often data is held in more than one country.

The General Data Protection Regulation (GDPR)  comes into force in May 2018. It is an EU regulation and takes effect in the UK regardless of the BREXIT situation.

With so many businesses and services operating across borders, international consistency around data protection laws and rights is crucial both to businesses and organisations, and to individuals.

Who does the GDPR apply to?

The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU.

It  does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities.

It applies to ‘controllers’ and ‘processors’. The definitions are broadly the same as under the Data Protection Act (DPA) – i.e. the controller says how and why personal data is processed and the processor acts on the controller’s behalf. If you are currently subject to the DPA, it is likely that you will also be subject to the GDPR.

If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have significantly more legal liability if you are responsible for a breach.

However, if you are a ‘controller’, there are still obligations where a ‘processor’ is involved – it places further obligations on you to ensure your contracts with processors comply with the GDPR.

Does the GDPR apply to Personal Data?

Like the DPA, the GDPR applies to ‘personal data’. However, the GDPR’s definition is more detailed and makes it clear that information such as an online identifier – e.g. an IP address – can be personal data. The more expansive definition provides for a wide range of personal identifiers to constitute personal data, reflecting changes in technology and the way organisations collect information about people.

For most organisations, keeping HR records, customer lists, or contact details etc., the change to the definition should make little practical difference. You can assume that if you hold information that falls within the scope of the DPA, it will also fall within the scope of the GDPR.

The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria.

 

Basically, if you are subject to the DPA then you need to plan to ensure compliance with the GDPR .

More information available at http://www.eugdpr.org/