GDPR (General Data Protection Regulation) and DPA (Data Protection Act) are both legal frameworks aimed at regulating data privacy and protection. While they share common goals, they are implemented in different jurisdictions and have specific differences.
GDPR (General Data Protection Regulation)
The GDPR is a comprehensive data protection law enacted by the European Union (EU) that came into effect on May 25, 2018. It regulates how organizations handle the personal data of individuals within the EU, regardless of where the organization is located. The GDPR focuses on giving individuals greater control over their personal data and enforcing stricter regulations on businesses that collect, store, and use personal information.
Key Principles of GDPR:
- Lawfulness, Fairness, and Transparency: Personal data must be processed lawfully, fairly, and transparently.
- Purpose Limitation: Data must be collected for specified, legitimate purposes and not used for anything incompatible with those purposes.
- Data Minimization: Only data that is necessary for the specific purpose should be collected and processed.
- Accuracy: Personal data must be accurate and kept up to date.
- Storage Limitation: Data should not be kept for longer than necessary.
- Integrity and Confidentiality: Personal data must be processed in a manner that ensures security, including protection against unauthorized or unlawful processing and accidental loss or destruction.
- Accountability: Organizations are responsible for ensuring they comply with GDPR and must be able to demonstrate compliance.
Key Rights Under GDPR:
– Right to Access: Individuals can request access to their personal data.
– Right to Rectification: Individuals can request corrections to inaccurate data.
– Right to Erasure (“Right to be Forgotten”): Individuals can request the deletion of their data under certain circumstances.
– Right to Data Portability: Individuals can request their data to be transferred to another organization.
– Right to Object: Individuals can object to the processing of their personal data.
– Right to Restrict Processing: Individuals can request the restriction of data processing in certain situations.
GDPR applies to any organization that processes personal data of EU residents, even if the organization is not located within the EU. Non-compliance can result in hefty fines, up to €20 million or 4% of the company’s global annual turnover, whichever is higher.
DPA (Data Protection Act)
The Data Protection Act (DPA) is the UK’s national data protection law. It was originally enacted in 1998 but was updated in 2018 to align with the GDPR following its implementation. The DPA 2018 incorporates all the GDPR’s principles and applies them within the UK, providing specific provisions that apply domestically.
Key Features of DPA:
– Alignment with GDPR: DPA mirrors the principles of the GDPR but includes certain exemptions and adaptations relevant to UK law. It governs how organizations, businesses, and the government collect, handle, and store personal data.
– National Security and Intelligence Agencies: The DPA has specific provisions for handling personal data by intelligence services, which are exempt from some GDPR requirements.
– Parental Consent: DPA sets the age for parental consent to data processing for children at 13, while GDPR sets it at 16.
Post-Brexit Context:
Post-Brexit, the UK implemented its own version of GDPR, referred to as UK GDPR, which works alongside the DPA 2018. While it is similar to the EU GDPR, it is now a separate legal framework that governs data protection within the UK.
Summary:
– GDPR is an EU regulation focused on protecting personal data and privacy across Europe.
– DPA is a UK law that incorporates GDPR principles but includes additional provisions for specific UK-related contexts.
Both laws prioritize individuals’ control over their personal data and place stringent requirements on organizations to protect that data and respect individuals’ rights.