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Employment A-Z

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General Data Protection Regulations

The General Data Protection Regulations (GDPR) come into force on 25 May 2018. The Government has confirmed that Brexit will have no impact on the implementation of GDPR. They bring the UK's existing Data Protection Regulations in line with all other EU member states, who also have to implement their own legislation by this date.

  • GDPR applies to ‘controllers’ and ‘processors’.

  • A controller determines the purposes and means of processing personal data.

  • A processor is responsible for processing personal data on behalf of a controller.

  • If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data, sensitive personal data and processing activities. You will have legal liability if you are responsible for a breach.

  • However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR.

  • The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU.

  • The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities.

What is personal data?

Personal data

The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.

The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data.

Personal data that has been pseudonymised – eg key-coded – can fall within the scope of the GDPR depending on how difficult it is to attribute the pseudonym to a particular individual.

Sensitive personal data

The GDPR refers to sensitive personal data as “special categories of personal data” (see Article 9).

The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual.

Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing (see Article 10).

Where do I find out more?

As the source of these regulations is a European Directive which all member states are required to implement, if you look at other country's data protection websites you will find similar information on all of them. The Irish and French sites are of particular note.

The Information Commissioner's Office (ICO) has developed lots of helpful guidance and tools, including a 12 steps to take now.