Table of Contents
What is the data protection law called?
General Data Protection Regulation (GDPR)
The mutually agreed General Data Protection Regulation (GDPR) has now been in place for around two years and has modernised the laws that protect the personal information of individuals.
Is the Data Protection Act a law?
It is a UK law which came into effect on 01 January 2021. It sets out the key principles, rights and obligations for most processing of personal data in the UK, except for law enforcement and intelligence agencies.
What is Data Protection Act 1998?
The Data Protection Act 1998 was an act of Parliament designed to protect personal data stored on computers or in organised paper filing systems. It enacted the EU Data Protection Directive, 1995’s provisions on the protection, processing and movement of personal data.
Is GDPR law in the UK?
Yes. The GDPR is retained in domestic law as the UK GDPR, but the UK has the independence to keep the framework under review. The UK GDPR also applies to controllers and processors based outside the UK if their processing activities relate to: offering goods or services to individuals in the UK; or.
What does the Data Protection Act cover?
The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government. Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is: used fairly, lawfully and transparently.
What are the legal requirements for data protection?
The legal requirements include the need for personal data to be processed fairly and lawfully, to be accurate and up-to-date, to have measures in place against accidental loss or destruction and for personal data only to be transferred to countries with adequate levels of data protection in place.
What happens if you break the Data Protection Act?
Fines. The Information Commissioner has the power to issue fines for infringing on data protection law, including the failure to report a breach. The specific failure to notify can result in a fine of up to 10 million Euros or 2% of an organisation’s global turnover, referred to as the ‘standard maximum’.
What are the main points of Data Protection Act 1998?
The fundamental principles of DPA 1998 specify that personal data must:
- be processed fairly and lawfully.
- be obtained only for lawful purposes and not processed in any manner incompatible with those purposes.
- be adequate, relevant and not excessive.
- be accurate and current.
- not be retained for longer than necessary.
What are the aims of the Data Protection Act?
The main purpose of the Data Protection Act is to protect individuals from having their personal details misused or mishandled.
Who does UK GDPR apply to?
The UK 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.
Is GDPR valid after Brexit?
No, the EU GDPR does not apply in the UK after the end of the Brexit transition period on 31 December 2020. Any UK organisation that offers goods or services to, or monitors the behaviour of, EU residents will also have to comply with the EU GDPR, and will reflect this in its process documentation.
What types of data are covered by the Data Protection Act?
The Data Protection Act covers data held electronically and in hard copy, regardless of where data is held. It covers data held on and off campus, and on employees’ or students’ mobile devices, so long as it is held for University purposes, regardless of the ownership of the device on which it is stored.