Data protection UK is very in-depth and advanced compared to other nations’ laws when it comes to this topic. Why do we say so? Find out below.
Data Protection UK
In the UK, there are data protection principles (called “key data protection principles” in the UK legislation). These are:
1. Personal Data shall be processed fairly and lawfully and, in particular, shall not be processed unless-
2. The data subject has unambiguously given his consent to the processing of his data for one or more specific purposes;
3. Processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract;
4. Processing is necessary for compliance with a legal obligation to which the controller is subject;
5. Processing is necessary to protect the vital interests of the data subject or of another natural person:
6. Processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller: or
7. Processing is necessary for the legitimate interests pursued by the controller or by a third party. Except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection under Article 1(1).
These are very similar to what is known as ‘fair information practice principles’ (FIPPs). And if you look at them, you will see that they are very similar across countries. This was done so that there would be consistency across nations so that legal professionals would not have to go through many variations. And could instead study what was considered fair practices as it were.
Please note that these key principles were set out in 1998 before we had things like smartphones and other devices that can collect massive amounts of information about us. So, this means that some aspects of these principles might need updating.
Companies Ensuring Data Protection in the UK
If your company is situated in the UK, then you must have a Data Protection Officer (DPO). This person is responsible for ensuring that your company complies with the data protection principles and other relevant data protection laws. If you don’t have a DPO, then this could result in a fine of up to £500,000.
Then, the GDPR is designed to harmonize data privacy laws across Europe. And it replaces all member state privacy laws with one single law. It also aims to give EU citizens back control over their data.
So, all companies that fall under the GDPR umbrella must appoint a Data Protection Officer (DPO). This must be an actual person who reports directly to senior management. And can answer any questions about data protection issues for both internal employees and external customers/clients of your company.
Conclusion
This is all for this topic today. So, if you live in the UK and plan to open up a business, then it is crucial to follow their laws on data protection.