The Data Protection Act 2018 is a United Kingdom Act of Parliament which updates data protection laws in the UK. It is a national law which complements and brings into UK legislation the European Union's General Data Protection Regulation (GDRP) and replaces the Data Protection Act 1998.
GDPR together with the Data Protection Act 2018 defines the requirements applicable to the management of personal data.
Personal data is information that relates, either directly or indirectly, to an individual. That individual must be identified or identifiable either directly or indirectly from one or more identifiers or from factors specific to the individual.
The GDPR covers the processing of personal data in two ways: personal data processed wholly or partly by automated means (that is, information in electronic form); and personal data processed in a non-automated manner which forms part of, or is intended to form part of, a 'filing system' (that is, manual information in a filing system).
Some of the personal data you process can be more sensitive in nature and therefore requires a higher level of protection. The GDPR refers to these types of data as 'special categories of personal data'. This includes personal data about an individual's: race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data (where this is used for identification purposes), health data, sex life, criminal convictions and offences or sexual orientation.
Your obligations under the GDPR will vary depending on whether you are a controller, joint controller or processor, Controllers are the main decision-makers – they exercise overall control over the purposes and means of the processing of personal data.
If two or more controllers jointly determine the purposes and means of the processing of the same personal data, they are joint controllers. However, they are not joint controllers if they are processing the same data for different purposes. Processors act on behalf of, and only on the instructions of, the relevant controller. The controller must: identify valid legal grounds under the GDPR (known as a 'lawful basis') for collecting and processing personal data. ensure that you do not do anything with the data in breach of any other laws. use personal data in a way that is fair.
This means you must not process the data in a way that is unduly detrimental, unexpected or misleading to the individuals concerned.be clear, open and honest with people from the start about how you will use their personal data, provide individuals with information including: your purposes for processing their personal data, your retention periods for that personal data, information on security measures implemented, information relating to subject access procedures as well as information on who data will be shared with. This is generally called 'privacy information'.
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