The UK’s Data Protection Act and the General Data Protection Regulations (GDPR) that underpin this legislation is due to become law in May 2018. However, the new legislation is complex so this article is intended to make you aware of some of the Data Protection Act and the General Data Protection Regulations (GDPR) more important implications. This means that the implications of the legislation will be felt far beyond a company's legal or IT departments. It will have implications across the organisation including marketing, finance and human resources, as well. In order for companies to be ready for the introduction of the new legislation they have to prepare. The UK’s Information Commissioner’s Office has produced a 12 step guide for …show more content…
So, for example, new business startups will need to ensure that they are collecting personal data in a manner that is compliant with this legislation. 3. Key changes Some of the most important changes are: i) Handling of personal information - Organisations must be able to demonstrate that people have freely given their consent to the processing of their personal data and The ICO recommends that this means giving people genuine ongoing choice and control over how their data is used. Where an organisation processes data belonging to children under 16 years in the UK (although the age may be as low as 13 in some EU states), then organisations must obtain parental consent. The legislation introduces the following rights: Right to be informed Right of access Right to rectification Right to erasure Right to restrict processing Right to data portability Right to object Rights related to automated decision making including profiling Importantly, there has to be express consent from the data subject before that information can be processed and data subjects will have the right to withdraw their consent at any time ii) Accessing information held - Organisations are obligated to allow people access to the personal data held about them. This is to allow them to: a.) be aware of the information held b.) verify the lawfulness of the processing. Companies are not allowed to charge for providing this information and
Data Protection Act 1998 – gives individuals the right to know what information is held about them, and those that processes personal information must comply with eight principles, which makes sure that personal information is fairly and lawfully processed; processed for limited purposes; adequate, relevant and not excessive; accurate and up to date; not kept for longer than is necessary; processed in line with your rights; secure; not transferred to other countries without adequate protection;
For the home country England there are many policies and procedures within the legislation that relate to safeguarding human rights, data protection and confidentiality. These have been refined into every school policy and procedures such as the human rights act 1998/2004, children act 1989/2004 and the data protection act 1998.
The Data Protection Act 1998 is a piece of legislation which defines the law on processing data of people living within the United Kingdom.
Data protection is a very important piece of legislation that was brought into power in 1998, because it has been designed to prevent confidential and personal information being passed on to other people and any relevant companies without a person’s consent. This also means that any information that is stored of children should be kept in either a password protected or lockable location.
covers correct storage and sharing of both manual and electronic information. There are eight principles put in place by the Data Protection Act 1998 to make sure that information is handled properly:
Personal Information comes under the Data Protection Act 1998. We have to make sure personal Information is confidential. We have to know how to handle the personal Information, agreed ways of working, policies and procedures are all legislation frameworks. The Information should be processed fairly and lawfully. The Personal Data should be processed for limited purposes. The information should be adequate, relevant and the information should be for the purpose of whom the information is processed for. The information should be kept up to date and accurate. The information should not be kept longer than intended for. The Persona Data will be processed in accordance with the rights of data subject under the Act. Measures are in place to avoid the information being lost or unauthorised and unlawfully processed or damaged to. The Personal Information shall not be transferred to another country outside the European Economic Area unless that country ensures an adequate level of protection for the rights and freedoms of data. Personal Information may be shared with others, consent is needed to do this at all times from the Individual or in the case of an emergency, abuse, or if neglect is suspected. If the Individual is mentally
Information Commissioner’s Office (2012) Introduction to The Data Protection Act 1998. [Online] Available from: http://www.ico.org.uk/~/media/documents/library/Corporate/Research_and_reports/ico_presentation_EVOC_20120528.ashx [Accessed: 11th October 2013]
* Processed in line with the rights of individuals - this includes the right to be informed of all the information held about them, to prevent processing of their personal information for marketing purposes, and to compensation if they can prove they have been damaged by a data controller's non-compliance with the Act.
This act applies to all organisations that process data relating to their staff and customers. It is the main legal framework in UK that protects personal data. The act contains 8 data protection principles which are:
The Data Protection Act 1998 is a piece of legislation that controls how an individual’s personal information is used by organisations, businesses and the government. This Act ensures that HR departments only collect data from individuals is covered by what we are allowed to collect under the Act, relevant and not excessive, we must also be sure that data is not stored for longer than necessary. We must ensure that data is stored securely and confidentially; and that we are open about the reasons why we are collecting and storing the data.
NHS Act 2006 (England and Wales): Secretary of State for Health has the power to make regulations permitting disclosure of identifiable information
You must not do anything with the personal information you collect over and above that for which you have
General Data Protection Regulation (GDPR) is a new initiative that will require consent for all data collection activities. If a company intends to collect and store personal data, they will need to get consent from their customers. This consent must be clear and specific. Vague consent forms and underhanded tactics will no longer work once the GDPR comes into effect. Businesses who want to continue to be successful need to be
The main body of law governing the European data protection system is the Directive 95/46/EC which provides the standard framework for EU Member States. Nevertheless, its basic provisions raises very serious impacts on the right of free expression,
The GDPR is a regulation by which the European Parliament, the Council of the European Union and the European Commission purposed to strengthen and combine the data protection for all the individuals within the European Union (EU). The GDPR mainly aims at ensuring that your personal data is yours and limit the companies, organizations and EU member states from handling and accessing the personal data. It will be replacing the data protection directive of 1995 which was initially designed by the Union to protect the personal data. After four years of preparation GDPR was approved by the European Parliament on April 4th ,2016. The GDPR starts to apply in May 25th