Data Protection Flashcards
What is GDPR?
General data protection regulation - came into force in 2018 across all EU member states
Who does GDPR apply to?
Applies to CONTROLLERS and PROCESSORS (controller says how/why personal data is processed and the processor acts on the controllers behalf)
Data protection act 2018 applies the provisions of GDPR to UK law - true or false?
True- the act has royal assent and modernises data protection laws to ensure they are effective
What information does GDPR apply to?
Personal data, both automated and manual.
An IP address would also count as personal data
GDPR refers to sensitive personal data as “special categories of personal data”, what would be some examples?
Race, ethnicity, politics, religion, trade union membership, genetics, health, security orientation
There are 6 data protection principles;
1) data processed lawfully, fairly fairly transparently
2) collected with purpose
3) only adequate information that’s needed is collected
4) accurate and up to date
5) kept no longer than necessary
6) kept securely
What rights for individuals did GDPR create which strengthened those that existed under DPA?
Right to be informed
Right to access
Right to rectification
Right to erasure
Right to restrict processing
Right to data portability
Right to object
Rights in relation to automated decisions
What are the main elements if the data protection act 2018?
1) General data processing;
- ensure GDPR is implemented in the UK
- provide clarity on GDPR definitions
- ensure sensitive data is safeguarded
- provide restrictions to protect data
- set the age for when parental consent is not needed to process data online to 13
2) Regulation and enforcement;
- give additional powers to Information Commissioner to regulate/enforcement dp laws
- allow Commissioner to fine data controllers/processors for breaches
- empower commissioner to bring criminal action against controllers/processors
What is the max fine for a breach of some GDPR provisions?
20 million
Other breaches could face up to 10 million
