General Data Protection Regulation (GDPR)
Why
The GDPR has been introduced to:
better reflect the data protection challenges arising in the digital age
modernise data protection arrangements to make organisations more accountable
give individuals greater control over their own personal data
address globalisation and harmonise data protection practice across Europe
Changes
The GDPR is similar to the 1998 Act and introduces many changes to data protection practices. These require Amity to review and revise our approach to data handling. Key changes include:
tougher financial penalties - fines of up to €20 million
strong rules around record keeping and new financial penalties for not being able to evidence accountability for our processes – fines of up to €10 million
a more stringent data breach notification process only 72 hours from detection to notify a data breach to the ICO
a broader definition of personal data
a new approach to consent, freely given positive opt-in and easy to withdraw
new and expanded rights including a right to erasure and data portability
a reduced timeframe for handling Subject Access Requests - from 40 days down to 1 month, and the DPA £10 fee is no longer applicable
mandatory privacy impact assessments for new services/projects where risks are high
more restrictive rules around the use of child data
revised processes for international data transfers
a requirement for large organisations to appoint a Data Protection Officer.
Scope
Personal data
Any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular in reference to an identifier such as name, an identification number location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data
This used to be called “sensitive personal data” under DPA 1998, and now includes:
racial or ethnic origin
political opinions
religious or philosophical beliefs
trade union membership
health
the processing of genetic data, biometric data for the purpose of uniquely identifying a person
sex life or sexual orientation
Criminal convictions or alleged offenses
In a shift from the previous Data Protection Act, this is not classed as “sensitive personal data’, but is covered in the GDPR Article 10 and is treated by Amity as high-risk personal information.
All personal data is processed by Amity in accordance with our Data Protection Policy.
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