Much like the DPA, the GDPR applies to personal data but here the definition has been widened. The official definition of ‘personal data’ within the GDPR is thus….
- ‘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 or social identity of that natural person;
Notably, this definition includes things such as ‘online identifiers’… something not considered in 1995 when the DPA was created. This may have an impact on your business as, for example, collection of IP addresses would be considered collection of personal data under this definition. Another example would be collection of GPS data, something commonly done by mobile apps. Many organisations also use tracking facilities on their vehicles and you may have to consider how this information is kept, stored and whether it needs to be deleted when an employee leaves.
The definition is very wide, much wider than before, and a fully comprehensive list of ‘personal data’ would take up many pages to list in total. In fact, there is no conclusive list. The key consideration to make is ‘can any piece of data be related directly to an individual at any time?’. If it can, then it’s almost certainly included.
One of the more significant differences between the DPA and the new GDPR law is the requirement for data breaches to be reported. Under the old DPA legislation there was no mandate to force organisations to reveal information regarding data breaches. This is no longer the case. Under GDPR, data breaches of personal information must be reported to the supervisory authority with 72 hours of becoming aware of the breach. If the breach is likely to risk individuals rights and freedoms, they must also be informed without delay.
Under the old DPA rules, data collection didn’t necessarily require an ‘opt-in’. This has changed significantly under GDPR. For example, pre-ticked consent boxes on websites would not be legal. Under GDPR clear privacy notices must be provided to consumers, allowing them to make an informed decision on whether they consent to allow their data to be stored and used. This consent can then be withdrawn at any time. There is also a category of Sensitive Personal Data, for which consent is an absolute requirement.
GDPR will place a much greater focus on explicit accountability for data protection, placing a direct responsibility on companies to prove they comply with the principles of the regulation, rather than the hands-off approach of the Data Protection Act. Currently, non-compliance with the Data Protection Act can see companies fined up to £500,000, or one per cent of annual turnover. Under GDPR, these limits will rise significantly to €20 million, or four per cent of annual turnover, whichever is higher. It’s also worth remembering that GDPR will allow individuals to claim compensation for material and non-material damage resulting from data security lapses, whereas the current rules only cover material damage.