GDPR - General Data Protection Regulation

 

What is the GDPR?

What is GDPR?The General Data Protection Regulation is a law that covers the use of personal data. It becomes law across the whole of Europe (including the United Kingdom) on 25th May 2018. The GDPR has 11 Chapters, 99 Articles and 173 Recitals.An Article gives the specific requirement in law.A Recital gives the context and background to the related ArticlesThe Chapters group the law into common themes.


What and who does the GDPR cover?

  • Personal data relating to a “natural person” i.e. a living individual (Article 1)
  • Organisations that are based in the European Union (EU) who control or process personal data (Article 3)
  • Organisations processing the personal data of data subjects living in the EU (Article 3)

The GDPR applies to organisations outside of the EU who process EU citizen’s data, and organisations inside the EU who process non-EU citizen’s data.

 

Data Controller:‘Controller’ means the natural or legal persons, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State Law (Article 4, Clause 7)

This means that an organisation that decides the ‘How’ and ‘Why” personal data is processed is the Data Controller.

Data Processor: ‘Processor’ means the natural or legal person, public authority, agency or other body which processes the personal data on behalf of the Data Controller (Article 4, Clause 8)

The terms ‘processing’ relates to anything that is done to personal data, including analysing, collecting or storing the personal data.

Personal Data: “Personal Data” means any information relating to an identified or identifiable natural person: An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physiological, genetic, mental economic, cultural or social identity of that natural person. (Article 4, Clause 1)

The term “personal data’ now specifically includes health, biometric and genetic data.

Data Subject: “Data Subject” is a natural person whose personal data is processed by a controller or processor.

A data subject must be a living person.

Consent: means any freely given, specific, informed and unambiguous indication of the data subjects wishes by which he or she, by a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. (Article 4, Clause 11)

Consent under the GDPR only relates to the processing of personal data. It does not include consent relating to medical treatment or intervention. Consent is not always required in order to process data. However the rules around what you do with personal data become much stricter when you rely only on consent as the lawful basis for doing the processing.


This includes personal data relating to :

  • Racial or ethnic origin,
  • Political opinions,
  • Religious or philosophical beliefs, or
  • Trade union membership, and the processing of
  • Genetic data,
  • Biometric data for the purpose of uniquely identifying a natural person
  • Data concerning health
  • Data concerning a natural person’s sex life or sexual orientation

The controller and the processor shall designate a data protection officer in any case where :

  1. The processing is carried out by a public authority or body, except for courts acting in their judicial capacity;
  2. The core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or
  3. The core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 or personal data relating to criminal convictions and offences referred to in Article 10.

Every public authority (including NHS Hospitals, schools, Councils, Police and Fire Services) must appoint a DPO (Article 37). Health care data is included in the special category of data described in Article 9, so those organisations such as GP Practices, which process large volumes of special category data, must also appoint a DPO.

For further enquires please contact DPO Officer

 

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