What is UK GDPR and Why Should You Care?
The UK General DataProtection Regulation (UK GDPR) is the United Kingdom's data protection framework that came into effect on January 1, 2021, following Brexit. It is based on the EU GDPR but tailored specifically for the UK, working alongside the Data Protection Act 2018 (DPA 2018). It ensures that organisations handle your data responsibly, transparently, and securely. The UK GDPR maintains high standards for data protection while accommodating UK-specific requirements.
Note: A set of proposed changes to the UK GDPR (DPA2018) legislation, are being considered though the Data Protection and Digital Information Bill (DPDI Bill). This bill represents the government's effort to create a more flexible, innovation-friendly data protection framework while maintaining high standards of data protection. More details on this, and the changes proposed are highlighted at the end of this page.
Your Rights Under UK GDPR
Core Rights
1. Right to Be Informed:
- Know who has your data.
- Understand how it's used.
- Know who it's shared with.
2. Right to Access:
- Get copies of your data.
- Know how it's being used.
- Receive this for free.
3. Right to Rectification:
- Correct wrong information.
- Update incomplete data.
- Ensure accuracy.
4. Right to Erasure:
- Request data deletion.
- "Right to be forgotten."
- Remove online data.
5. Right to Restrict Processing:
- Limit how data is used.
- Temporarily stop processing.
- Keep but not use data.
6. Right to Data Portability:
- Get your data in a usable format.
- Transfer to another service.
- Reuse your data elsewhere.
7. Right to Object:
- Stop direct marketing.
- Object to certain uses.
- Challenge automated decisions.
8. Rights in Relation to Automated Decision Making and Profiling
- Challenge decisions made solely by automated processes.
- Request human intervention in profiling.
9. Right to Withdraw Consent
- Revoke consent at any time.
Who does UK GDPR apply to?
UK GDPR applies to:
- Organisations established in the UK.
- Organisations outside the UK offering goods or services to UK residents.
- Organisations monitoring the behaviour of UK residents.
- Both data controllers and data processors handling UK resident data.
Is UK GDPR only for UK citizen data?
No, UK GDPR applies to thepersonal data of anyone in the UK, regardless of their citizenship. It protects the data of all UK residents and visitors when their data is processed byorganisations falling under UK GDPR's scope.
What are the consequences for non-compliance with UK GDPR?
Organisation can face:
- Fines Up to £17.5 Million or 4% of Global Revenue: Significant financial penalties for non-compliance.
- Orders to Stop Processing Data: Injunctions to halt data processing activities.
- Public Warnings: Public announcements of non-compliance.
- Loss of Certification: Revocation of data protection certifications.
- Compensation Claims from Individuals: Potential lawsuits from affected individuals.
How can organisations comply with UK GDPR?
Organisations in most cases must appoint a Data Protection Officer, implement appropriate technical and organisational measures to protect personal data, and conduct regular data protection impact assessments. They must also register with the InformationCommissioner's Office (ICO) and pay a data protection fee.
What is the role of a Data Protection Officer (DPO)?
A DPO is responsible for monitoring compliance with UK GDPR within an organisation and providing advice and guidance on data protection issues. They serve as a contact point for supervisory authorities and data subjects.
What information does UK GDPR protect?
UK GDPR applies to personal data, which is any information relating to an identified or identifiable individual referred to as PII (Personally IdentifiableInformation).
Personal Information:
- Basic Details: Name, address, email, and other contact information.
- ID Numbers: Passport numbers, National Insurance numbers, and other unique identifiers.
- Location Data: Information about your physical location, such as GPS data.
- Online Identifiers: IP addresses, cookie data, and other digital footprints.
- Photos and Videos: Visual content that could identify you.
- Email and Social Media Content: Communications and posts on social media platform
Sensitive Information (Extra Protected)
Some types of information receive special protection due to their sensitive nature:
- Health and Medical Information: Data related to your health status, medical history, or genetic predispositions.
- Genetic Data: Information derived from genetic testing or analysis.
- Biometric Data: Fingerprints, facial recognition data, and other unique biological identifiers.
- Racial or Ethnic Origin: Information about your racial or ethnic background.
- Political Opinions: Your political beliefs or affiliations.
- Religious or Philosophical Beliefs: Information about your religious or philosophical convictions.
- Sexual Orientation: Your sexual orientation or gender identity.
- Trade Union Membership: Information about your membership in trade unions or similar organisation.
- Criminal Offence Data: Information about criminal convictions (handled under specific provisions of the DPA 2018).
Understanding Data Breaches
What is a Data Breach?
A data breach occurs when your personal information is:
- Accidentally Lost: Misplaced or deleted without proper backup.
- Stolen: Unauthorised access or theft of data.
- Accessed by Unauthorised People: Breach of security allowing unauthorised individuals toview or manipulate data.
- Altered Without Permission: Unauthorised changes to your data.
- Disclosed Accidentally: Inadvertent release of data to unauthorised parties.
- Made Public Without Authorization: Unauthorised publication or exposure of data.
What Organisations Must Do
When a breach happens, organisations must:
- Report Serious Breaches Within 72 Hours: Notify the ICO promptly if the breach risks individuals' rights and freedoms.
- Tell Affected People Without Undue Delay: Inform individuals whose data has been compromised if there is a high risk to their rights and freedoms.
- Document All Breaches: Keep records of all breaches, even minor ones, for future reference and compliance.
- Take Steps to Minimise Harm: Implement measures to reduce the impact of the breach.
- Fix the Security Problem: Address the vulnerability that led to the breach to prevent future occurrences.
What You Should Expect
If your data is breached:
- Clear Communication: Receive clear information about what happened and what data was affected.
- Understanding of Possible Risks: Be informed about potential risks and consequences.
- Steps to Protect Yourself: Receive guidance on actions you can take to protect yourself.
- Details About What the Organization is Doing to Help: Understand the measures the organisation is taking to assist affected individuals.
International Data Transfers
Sending Data Outside the UK
- UK Adequacy Regulations: Data can flow freely to countries deemed "adequate" by the UK government.
- International Transfer Mechanisms: Transfers to countries not deemed adequate require special safeguards, such as the UK International Data Transfer Agreement (IDTA), the UK Addendum to the European Union Standard Contract Clauses, or binding corporate rules approved by the ICO.
- Risk Assessments: Organisations must conduct transfer risk assessments before sending data internationally.
Common Examples:
- Using cloud services
- Online shopping from international stores
- Social media platforms
- International business operations
When UK GDPR Does not apply
Exceptions to Know About
UK GDPR does not cover:
- Personal or Household Activities: Data processing for personal or household purposes.
- Law Enforcement Activities: Handled under Part 3 of the DPA 2018.
- Intelligence Services Processing: Handled under Part 4 of the DPA 2018.
- Immigration Processing: Certain immigration functions have limited exemptions.
- Anonymous Data: Data that cannot identify an individual.
Special Circumstances
Organisations can process data without consent in certain situations:
- Required by UK Law: When processing is mandated by UK law.
- Necessary to Protect Someone's Life: In emergencies where processing is necessary to protect someone's life.
- Needed for Public Health Emergencies: During public health crises where processing is required.
- Required for Legal Claims: When processing is necessary for legal claims.
- In the Public Interest: When processing is in the public interest.
Understanding Consent
What Makes Consent Valid?
Consent must be:
- Freely Given: Without coercion or pressure.
- Specific: Clearly stating the purpose of data processing.
- Informed: Ensuring the individual understands what they are consenting to.
- Unambiguous: Clear action required to indicate consent.
- Easy to Withdraw: Consent can be withdrawn at any time without penalty.
Types of Consent
Organisations can process data without consent in certain situations:
1. Express Consent:
- Ticking a box.
- Signing a form.
- Clicking 'agree' (when properly designed).
- Written confirmation.
2. Special Categories:
- Explicit consent needed for sensitive data.
- Clear statement of agreement.
- Specific purpose stated.
- Extra documentation required.
Managing Consent
You can:
- Withdraw Consent at Any Time: Revoke consent without penalty
- Get Confirmation of What You've Consented To: Receive confirmation of your consent.
- Choose Which Things to Consent To: Select specific purposes for data use.
- Change Your Mind Without Penalty: Modify or withdraw consent as needed.
Legitimate Interests
When Consent Isn't Needed
Organisations can use data without consent if:
- They Have a Legitimate Reason: The organisation has a valid interest in processing the data.
- They've Assessed the Impact on You: The organisation has evaluated the potential impact on the individual.
- Your Rights Don't Override Their Interests: The organisation's interests are not overridden by the individual's rights.
Common Examples:
- Fraud prevention.
- Network security.
- Employee data management.
- Direct marketing (with opt-out).
- Client relationship management.
Industry-Specific Applications
Healthcare and the NHS
Special considerations for healthcare include:
- Medical Records: Protecting sensitive health information.
- Health Research: Ensuring data used in research is anonymised or consented.
- Insurance Data: Handling health insurance claims securely.
- Genetic Information: Protecting genetic data with extra care.
- NHS Data Processing: Specific guidelines for NHS data handling.
Financial Services
Banks and financial institutions must:
- Protect Transaction Data: Secure financial transactions and records.
- Secure Financial Records: Safeguard account information and financial history.
- Handle Credit Information Carefully: Protect credit scores and reports.
- Manage Investment Details: Secure investment data and portfolios.
- Protect Payment Information: Safeguard payment card details and online transactions.
Education
Educational institutions need to:
- Protect Student Records: Secure academic records and personal data of students.
- Handle Academic Data: Manage grades, attendance, and other educational information securely.
- Manage Parent/Guardian Information: Protect contact and personal data of parents or guardians.
- Secure Special Needs Data: Handle sensitive information about students with special needs.
- Control Access to Educational History: Limit access to educational records.
Online Services
Digital businesses must:
- Handle User Profiles Properly: Secure user account information and settings.
- Protect Browsing Data: Safeguard browsing history and online activities.
- Manage Cookie Consent: Obtain consent for cookies and track user preferences.
- Secure Payment Details: Protect payment information and transaction data.
- Protect Communication Data: Secure emails, chats, and other forms of communication.
What are the rights of individuals under GDPR?
Individuals have the right to access their personal data, the right to have their personal data erased, the right to object to the processing of their personal data, and the right to have their personal data corrected.
Data Processors and Controllers
What are Data Controllers and Data Processors?
Under UK GDPR, the data controller determines the purposes for which and the means by which personal data is processed.
So, if your company/organisation decides 'why' and 'how' the personal data should be processed, it is the data controller. Employees processing personal data within your organisation do so to fulfil your tasks as data controller.
If your organisation does not determine the 'why' or 'how' of the data processing, it is not a data controller but a data processor.
UK GDPR defines a data processor as an organisation that processes personal data on behalf of another organisation. A typical activity of processors is for example to offer IT solutions, including cloud storage.
A processor cannot pass the data on to another organisation without authorisation from the controller. It must retain and control it in respect of the UK GDPR data controller, i.e. the organisation that controls and specifies the use, access, retention and processing of said data.
Also, an organisation can be a data processor, a data controller or both.
Understanding the Roles
Data Controllers:
- Decide why and how to use your data.
- Set the purposes for data use.
- Choose the methods of processing.
- Bear primary responsibility for compliance.
- Must register with the ICO and pay a data protection fee.
Data Processors:
- Handle data for controllers.
- Follow strict instructions.
- Must keep data secure.
- Cannot make independent decisions about data processing.
- Must assist controllers in meeting their obligations.
Examples in Daily Life:
- Your employer (controller) using a payroll service (processor).
- An online shop (controller) using a delivery company (processor).
- A doctor's office (controller) using cloud storage (processor).
Are public agencies covered under the UK GDPR?
Yes, public authorities and bodies in the UK are required to comply with UK GDPR and the DPA 2018. However, there are specific exemptions for certain activities related to:
- National security
- Public security
- Defense
- Law enforcement.
- Other important public interests
Public authorities are also required to appoint a Data Protection Officer.
How does GDPR relate to other data protection laws?
The UK GDPR works alongside the Data Protection Act 2018. Together they replaced the Data Protection Act 1995 in the UK. The UKGDPR is the UK's implementation of the EU GDPR principles, adapted for the UK context following Brexit. The DPA 2018 provides additional details on how the UK GDPR applies in specific contexts and includes provisions for law enforcement and intelligence services data processing.
Proposed Changes to UK Data Protection Framework
The UK government has been considering significant reforms to its data protection regime through the Data Protection and Digital Information Bill (DPDI Bill). This bill represents the government's effort to create a more flexible, innovation-friendly data protection framework while maintaining high standards of data protection.
Key Proposed Changes
Records of Processing Activities:
- Current Requirement: Organisations must maintain detailed records of all processing activities.
- Proposed Change: Moving toward a more risk-based approach where organisations would only need to maintain records necessary for compliance rather than documentation for all processing activities
Data Protection Impact Assessments (DPIAs):
- Current Requirement: Mandatory DPIAs for high-risk processing activities.
- Proposed Change: Replacing DPIAs with a more flexible "assessment of high-risk processing" approach that focuses on outcomes rather than process.
Data Subject Access Requests (DSARs):
- Current Requirement: Organisations must respond to all legitimate requests regardless of motive.
- Proposed Change: Introduction of a "vexatious or excessive"threshold that would allow organisations to charge a reasonable fee or refuse to respond to certain requests.
Legitimate Interests:
- Current Requirement: Organisations must conduct balancing tests for legitimate interests processing.
- Proposed Change: Creating a list of "recognised legitimate interests" where balancing tests would not be required, simplifying compliance for common processing scenarios.
Consent for Cookies:
- Current Requirement: Explicit consent required for most cookies.
- Proposed Change: Exploring more user-friendly approaches to cookie consent, potentially allowing certain analytics cookies without explicit consent.
International Data Transfers:
- Current Requirement: UK currently maintains similar adequacy mechanisms to the EU.
- Proposed Change: Developing a more risk-based approach to international data transfers with potentially broader adequacy arrangements and new data transfer mechanisms.
Automated Decision Making:
- Current Requirement: Strict rules around solely automated decisions with legal or similarly significant effects.
- Proposed Change: Clarifying and potentially narrowing when theseprotections apply, with clearer guidance on human oversight requirements.
New Governance Structure
The proposals include restructuring the UK's data protection authority:
- Current Model: Information Commissioner's Office (ICO) led by a single Information Commissioner.
- Proposed Model: Creating a more corporate structure with a board and chief executive, potentially renamed as the "Information Commission.".
Potential Timeline
The proposals include restructuring the UK's data protection authority:
- The DPDI Bill has been under parliamentary consideration.
- Implementation would likely occur in phases if passed.
- Organisations would be given transition periods to adapt to any new requirements
Industry Response
Responses to the proposed changes have been mixed:
- Business Community: Generally supportive of reducing compliance burdens.
- Privacy Advocates: Concerned about potential weakening of individual rights.
- International Community: Watching closely due to implications for UK adequacy decisions.
Strategic Context
These proposed changes are part of a broader UK strategy to:
- Create a distinctive post-Brexit data protection approach.
- Reduce perceived compliance burdens on businesses.
- Promote data-driven innovation
- Maintain data protection standards high enough to preserve EU adequacy status.
Preparing for Potential Changes
Organisations should:
- Stay informed about legislative developments.
- Continue to comply with current UK GDPR requirements.
- Engage with industry associations and consultations where possible.
- Begin considering how proposed changes might affect their data protection programs.
Note: This section addresses proposed changes that have been under consideration. The actual implementation, timing, and final form of any changes will depend on the legislative process and could differ from what has been proposed.
Check back for more updates on this evolving situation.
