The Personal Data Protection Act（hereinafter, the “PDPA”）is enacted to regulate the collection, processing and use of personal data so as to prevent harm on personality rights, and to facilitate the proper use of personal data.
What is the Data Protection Act and what does it do?
It was developed to control how personal or customer information is used by organisations or government bodies. It protects people and lays down rules about how data about people can be used. The DPA also applies to information or data stored on a computer or an organised paper filing system about living people.
What are the main points of the Data Protection Act?
The Seven Principles
- Lawfulness, fairness and transparency.
- Purpose limitation.
- Data minimisation.
- Accuracy.
- Storage limitation.
- Integrity and confidentiality (security)
- Accountability.
What is protection of personal data?
The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The term is defined in Art.
What is Data Protection Act in UK?
The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).
Who does Data Protection Act apply?
As a piece of legislation, the DPA 2018 relates to any organisation that makes use of personal data. Under the GDPR, personal data is defined as being any information relating to an identified or identifiable person, that could be used, or potentially used to identify an individual.
What are the examples of personal data?
Examples of personal data
- a name and surname;
- a home address;
- an email address such as name.surname@company.com;
- an identification card number;
- location data (for example the location data function on a mobile phone)*;
- an Internet Protocol (IP) address;
- a cookie ID*;
- the advertising identifier of your phone;
Why do we need to protect personal data?
And you have to protect it. This is because if personal data falls into the wrong hands, people could be harmed. Depending on the situation, they could become victims of identity theft, discrimination or even physical harm.
What is not covered by data protection law?
Any personal data that is held for a national security reason is not covered. So MI5 and MI6 don’t have to follow the rules if the data requested could harm national security. If challenged, the security services are able to apply for a certificate from the Home Secretary as proof that the exemption is required.
What are 8 principles of the Data Protection Act?
What are the Eight Principles of the Data Protection Act?
| 1998 Act | GDPR |
|---|---|
| Principle 1 – fair and lawful | Principle (a) – lawfulness, fairness and transparency |
| Principle 2 – purposes | Principle (b) – purpose limitation |
| Principle 3 – adequacy | Principle (c) – data minimisation |
| Principle 4 – accuracy | Principle (d) – accuracy |
Is 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.
Does the Data Protection Act apply to individuals?
The DPA contains an exemption for personal data that is processed by an individual for the purposes of their personal, family or household affairs. This exemption is often referred to as the ‘domestic purposes’ exemption. It will apply whenever an individual uses an online forum purely for domestic purposes.
Is an email address personal data?
Yes, email addresses are personal data. According to data protection laws such as the GDPR and CCPA, email addresses are personally identifiable information (PII). PII is any information that can be used by itself or with other data to identify a physical person.
Which of the following is not a personal information?
Non-PII data, is simply data that is anonymous. This data can not be used to distinguish or trace an individual’s identity such as their name, social security number, date and place of birth, bio-metric records etc.
What is not sensitive personal data?
Examples of non-sensitive data would include gender, date of birth, place of birth and postcode. Although this type of data isn’t sensitive, it can be combined with other forms of data to identify an individual.
What is considered private information?
According to the bill, “private information” includes name, social security number, a driver’s license number, credit or debit card number, financial account number (with or without security code, as long as an authorized person could gain access to the account), biometric information, and username or email address …
What is not protected under the GDPR?
The GDPR does not apply if: the data subject is dead. the data subject is a legal person. the processing is done by a person acting for purposes which are outside his trade, business, or profession.
What data breaches need to be reported?
Report a breach
- a personal data breach under the GDPR or the Data Protection Act 2018;
- a Privacy and Electronic Communications Regulations (PECR) security breach by a telecoms or internet service provider;
- a potential breach of the NIS Directive; or.
- a potential breach of the eIDAS Regulation.
What personal information is considered sensitive?
Race or ethnic origin, religion, political affiliations, sexual orientation, criminal history, and trade union or association memberships are all considered sensitive information. Any information about biometrics, genetics or medical history is also treated as sensitive information.
Are photographs personal data?
Are photographs personal data? Photographs of living people are personal data and therefore fall under the Data Protection Act and must be treated accordingly.
Is a phone number personal information?
Personally Identifiable Information (PII), or personal data, is data that corresponds to a single person. PII might be a phone number, national ID number, email address, or any data that can be used, either on its own or with any other information, to contact, identify, or locate a person.
Who is the owner of an individual’s personal data?
Owner of personal data means a person whose personal data is subject to that person’s identity either directly or indirectly, not only employees, customers, suppliers, business competitors but also stakeholders related to the Company.
Is it illegal to use someone else’s email without permission UK?
The government passed a new law in 1990 called The Computer Misuse Act which categorises the unauthorised access or distribution of content as a criminal act, punishable by a large fine and/or up to 10 years in prison.
What type of personal information is protected by privacy laws?
The Privacy Act of 1974, as amended to present, including Statutory Notes (5 U.S.C. 552a), Protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol.
What personal data can be collected?
This category includes personally identifiable information such as Social Security numbers and gender, as well as nonpersonally identifiable information, including your IP address, web browser cookies and device IDs (which both your laptop and mobile device have).
Can I sue someone for recording me without my permission UK?
Yes, you can sue someone for recording you without permission depending on the circumstances and place the recording took place.
What are the 7 golden rules of information sharing?
Necessary, Proportionate, Relevant, Adequate, Accurate, Timely and Secure. Ensure the information you share is necessary for the purpose for which you share it. You should share it only with those people who need to have it, your information is accurate, up-to-date, shared in a timely fashion and also shared securely.
What is the difference between personal data and sensitive personal data?
Personal data can be referred to as any information related to an identified or identifiable living human being. Sensitive Personal Data can be referred to as any distinct personal data that is more sensitive in nature compared to personal data.
Is handwriting personal data?
The Court held that a candidate’s handwritten script, and the examiner’s corrections, did constitute personal data. The test for whether personal data relates to a person is whether “the information, by reason of its content, purpose, or effect, is linked to a particular person”.
Can an individual breach GDPR?
Individuals can also be fined under the GDPR if they’re guilty of infringements under national law, such as: Obstructing the Commissioner in investigating alleged non compliance. Knowingly providing a false statement when asked for information by the ICO or DPA. Destroying or falsifying information and documents.
Who does the GDPR apply to?
Who does GDPR apply to? GDPR applies to any organisation operating within the EU, as well as any organisations outside of the EU which offer goods or services to customers or businesses in the EU. That ultimately means that almost every major corporation in the world needs a GDPR compliance strategy.
How long can a company keep your data?
The answer depends on the type of data. For applicant data, we recommend six months. For payroll information, three years. For employee records, six years.
What does GDPR mean in simple terms?
What is GDPR in Simple Terms? GDPR stands for General Data Protection Regulation. It’s a law created in the European Union (EU) to protect the personal data of its citizens. Although it was passed in Europe, it affects businesses worldwide.
What are the basic rules of GDPR?
The principles are largely the same as those that existed under previous data protection laws. GDPR’s seven principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality (security); and accountability.
Who does the Data Protection Act cover?
Answer. The GDPR applies to: a company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed; or.
What are the benefits of the Data Protection Act?
6 business benefits of data protection and GDPR compliance
- Easier business process automation.
- Increased trust and credibility.
- A better understanding of the data being collected.
- Improved data management.
- Protected and enhanced enterprise and brand reputation.
- An even privacy playing field.
- Takeaway.