General Data Protection Regulation (GDPR) is a wide-ranging regulation that the European Union introduced on May 25th, 2018. The GDPR sets out guidelines on how the personal data of individuals within the UK should be processed and protected.
One of the key concepts of the GDPR is personal data. In this article, we will explore data protection act facts and the implications of the GDPR on it.
What Is GDPR?
Any data used to directly or indirectly classify a real person is considered personal data under the GDPR. The obvious information like name, location, and date of birth are included, but so are less evident items like IP addresses, posts from social media, and even biometric information like fingerprints or facial recognition.
In today’s world, we generate an enormous amount of personal data daily, often without even realising it. We leave a trail of personal information whenever we use a credit card, make phone contact, or use the internet. This data can be used by companies to target advertising, by governments to monitor citizens, and by criminals to commit fraud or identity theft.
Protection of Data Sensitivity
The GDPR recognises the sensitivity of personal data and seeks to protect it by setting out strict rules on how it can be processed. Under the GDPR, businesses can only collect personal data for specific, explicit, and legitimate purposes. It must be kept accurate and up-to-date, and it must be processed in a way that ensures its security. Individuals also have the right to access their personal data and to have it erased.
Regardless of whether an organisation is located in the UK or not, if it processes the personal data of individuals, it must comply with the GDPR. It follows that if a company processes the personal data of UK residents, it too must abide by the GDPR. The maximum fine for violating the GDPR is up to €20 million, equal to 4% of the violator’s worldwide annual turnover, whichever is higher.
Implications of the GDPR
People now have more control over how their personal data is used, which is one of the major effects of the GDPR on personal data. According to the GDPR, people have the right to know what confidential information about them is being processed, why, and with whom. Additionally, they can have their confidential data updated, changed, or transferred to another company.
This increased control over personal data has led to a shift in how companies approach data protection. Many organisations have implemented new policies and procedures to ensure compliance with the GDPR and have appointed data protection officers to oversee data protection requirements.
Organisations that process large amounts of personal data, such as social media companies and online retailers, have faced particular scrutiny under the GDPR, with many facing fines for non-compliance.
Another key implication of the GDPR on personal data is the need for increased transparency. Under the GDPR, organisations must provide individuals with clear and concise information about how their personal data is processed. This includes providing individuals with a privacy notice that outlines what data is being collected, how it is being used, and who it is being shared with. Organisations must also obtain explicit consent from individuals before processing their personal data.
The terms “data controller” and “data processor” have also been added by the GDPR. Data controller refers to the organisation that determines the purposes and procedures for handling personal data, whereas data processor refers to the organisation that handles the data on the data controller’s behalf. Under the GDPR, the data controller and processor ensure that personal data is processed and compliant with the law’s data security requirements.
The GDPR lays out stringent guidelines for processing personal data and gives users more control over how their information is used. Regardless of whether they are in the UK, businesses that process personal data must adhere to the GDPR.
The GDPR has increased transparency and accountability and forced organisations to implement new policies and procedures to ensure data protection compliance. As individuals become more aware of their rights under the GDPR, we will likely see further changes in how personal data is processed and protected.
Our group of barristers at Briefed supports companies in effectively managing legal compliance. Get in touch with us to learn more data protection act facts!