GDPR 25th May 2018
General Data Protection Regulation (GDPR)
Included are your GDPR compliant fundamental rights, on how information is collected, stored and used. You have:
The right to be informed – how personal data (name and email address and if a customer, your member details).
The right of access – any information held and how it is processed.
The right of rectification – individuals will be entitled to have personal data rectified if it is inaccurate or incomplete.
The right to erasure – the right to having personal data deleted or removed.
The right to restrict processing – the right to block or suppress processing of personal data.
The right to data portability – retain and reuse their personal data for their own purpose.
The right to object – in circumstances, you are entitled to object to personal data being used.
The right to safeguard automated decision making based on automated processing – you are protected against the risk that a potentially damaging decision is made without human intervention.
Who does the GDPR apply to?
Source ICO UK
- The GDPR applies to ‘controllers’ and ‘processors’.
- A controller determines the purposes and means of processing personal data.
- A processor is responsible for processing personal data on behalf of a controller.
- If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have legal liability if you are responsible for a breach.
- However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR.
- The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU.
- The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities.
What information does the GDPR apply to?
- Personal dataThe GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.
The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data.
Personal data that has been pseudonymised – eg key-coded – can fall within the scope of the GDPR depending on how difficult it is to attribute the pseudonym to a particular individual.
- Sensitive personal dataThe GDPR refers to sensitive personal data as “special categories of personal data” (see Article 9).The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual.
Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing (see Article 10).