Learning Material Sample

Data Protection law in the UK

2. Background

The background and scope of UK data protection legislation.

This Act was passed in order to implement  the General Data Protection Regulation (GDPR) into UK law. GDPR modernised Data Protection legislation,  aiming to protect the rights of all EU citizens, the Data Protection Act 2018 enshrines the same principles into UK law. GDPR affects not only organisations within the EU &UK, but also those that do business with citizens of the EU & UK.. Since much business is done online, this means that the GDPR had an impact across the globe and so it remains important.

A key aim of data protection legislation is to prevent people or organisations from holding and using inaccurate or excessive information on individuals whether relating to private lives or business. This should give the public confidence about how their personal information is stored and used and provides them with the legal right to check the information being held about them. It also requires firms to keep individuals’ personal data safe and secure and ensure that it is not misused, or allowed to fall into the hands of criminals.

The legislation...

Shortened demo course. See details at foot of page.

...ould need to be erased and any third- party processors holding such data would need to erase it too. Usually a business has control over what is processed by processors they use, so this might be less problematic than it first appears. It is important to check the contractual terms in place.

Compliance

An examination of processes and protections in place should regularly be reviewed with thought given to how these are monitored. Allocation of responsibility to an individual within an organisation is also recommended.

Good questions to ask are:

What data does your organisation collect, process and hold?

What is the lawful basis for each area of processing?

How secure is staff and client personal data?

What has your organisation put in place around breach prevention and breach management?

Where is the personal data stored?

Who are the processors that you use?

Where are the privacy policies, terms and conditions for processors and do these comply with the legal requirements?

What are the training needs of personnel involved with personal data?

When a Data Subject requests that their Personal Data is deleted or there is an objection to processing (on certain grounds), organisations are required to er...

Shortened demo course. See details at foot of page.

...er what is processed by processors they use, so this might be less problematic than it first appears. It is important to check the contractual terms in place.
An examination of processes and protections in place should regularly be reviewed with thought given to how these are monitored. Allocation of responsibility to an individual within an organisation is also recommended.

Good questions to ask are: <...

Shortened demo course. See details at foot of page.

...rocessors and do these comply with the legal requirements?

What are the training needs of personnel involved with personal data?

Which organisation is the UK’s data protection supervisory authority?

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