Data protection
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The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 apply in the UK and work together to govern the processing of personal data.
They place duties on organisations on how they collect, process, store and disclose information about people.
It also gives individuals (data subjects) the right of access to information held about themselves.
Principles
The legislation has core principles adopted when handling personal data.
Personal data must be:
- processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’);
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’);
- processed in a manner that ensures appropriate security of the personal data. Including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)
Terms and definitions
The DPA contains a few terms. The key ones are below.
Personal data
‘Personal data’ means 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 by reference to an identifier such as:
- a name
- an identification number
- location data
- an online identifier
or to one or more factors specific to the:
- physical
- physiological
- genetic
- mental
- economic
- cultural
- social identity of that natural person
Special category data
Special category data is personal data relating to:
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- genetic data; biometric data for identifying a natural person
- data about health
- data about a natural person’s sex life or sexual orientation
We take extra care with special category data as required.
Criminal data
Criminal data is not considered special category data under the legislation. It still gets the same care as special category data and only processed where we have a legal right to do so.
Data subject
An individual who is the subject of the personal data.
Data controller
The person or organisation that determines personal data usage and processing. The council is a data controller.
Data processor
A person or organisation which processes personal data for the data controller. Does not decide on data usage.
Processing
Processing includes all actions in relation to personal data such as:
- collecting
- recording
- holding
- organising
- adapting
- altering
- retrieving
- consulting
- using
- disclosing
- storing
- erasing
- destroying
- blocking
- disseminating