The Data protection laws for UK is mixture of GDPR, Applied GDPR and DPA, 2018 which aims to protect the processing of personal data of an individual, particularly, by requiring personal data to be processed lawfully and fairly on the basis of the consent of an individual, by conferring rights on the data subject to obtain information about the processing of personal data and to require inaccurate personal data to be rectified and conferring functions on the Commissioner, giving the holder of that office responsibility for monitoring and enforcing their provisions.
There are several terms used in DPA, 2018 which we will discuss in our today’s article and among them the most important ones we shall discuss in our today’s article and they are-
a) Personal Data means any information relating to an identified or identifiable living individual. Identifiable living individual refers to an individual who can be identified, particularly in reference to an identifier such as name, an identification number, location data or an online identifier or one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of the Individual, subject to subsection 149(c) of DPA 2018.
b) Data Subject refers to the identified or identified living individual about whom the data is related.
c) Processing is another most important term which is often used in relation to information, related with an operation or set of an operations which is performed on information, or sets of information like- collection, recording, organisation, structuring or storage, adaption or alteration, retrieval, consultation or use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, or restriction,, erasure or destruction
d) The Data Processing Legislation refers to the GDPR (Regulation (EU) 2016/679), the applied GDPR (as per chapter 3 of Part 2), Data Protection Act 2018, Regulations made under Data Protection Act 2018, and regulation made u/s 2(2) of the European Communities Act 1972 related to GDPR or the law enforcement directives.
Please note that this term “The Data Processing Legislation” indicates that the DPA 2018 is not to be read in isolation but with reference to the other acts and regulations as well.
e) The authority under DPA is the Information Commissioner as more precisely described and mentioned under section 114 of the Act.
f) The Law enforcement Directive under DPA shall always mean and refer to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent by authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
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