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What are the General Data Protection Regulations (GDPR)?

Clifford McDowell

The introduction of the General Data Protection Regulations or GDPR led to an overhaul of the 1998 Data Protection Act, with the new 2018 Data Protection Act, this incorporates the new GDPR requirements. The 2018 Act significantly strengthens the rights of individuals giving them more power to demand companies reveal or delete the personal data they hold. Regulators such as the Information Commissioners Office will be able to work in conjunction with other EU countries for the first time. The GDPR has increased the maximum fine for a company to €20m (£17.5m) or 4% of the company’s global turnover based on the Company Size.

Who does the GDPR apply to?

  • The GDPR applies to ‘controllers’ and ‘processors’.
  • A controller determines the purposes and means of processing personal data.
  • A processor is responsible for processing personal data on behalf of a controller.
  • 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 legal liability if you are responsible for a breach.
  • However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors
    comply with the GDPR.
  • 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.
  • The GDPR 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.

What information does the GDPR apply to?

Personal data

The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.

The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data.

Personal data that has been pseudonymised – eg key-coded – can fall within the scope of the GDPR depending on how difficult it is to attribute the pseudonym to a particular individual.

Sensitive personal data

The GDPR refers to sensitive personal data as “special categories of personal data” The special categories specifically include genetic data, and biometric data where processed to
uniquely identify an individual.

Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing.

 

For further information on GDPR read the Governments official ‘Living’ Guide to the General Data Protection Regulations

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