Data privacy is a fundamental concern in our increasingly digital world. With the sheer amount and different types of personal information being collected, processed and shared online, understanding your rights is more crucial than ever before. However, figures show that more than half of internet users worldwide aren’t aware of their local data privacy laws. If you live in the UK, this guide will help to bring you up to speed with the basics.
What is data and privacy?
In this context, data refers to any information that is collected or processed by a third party. It’s usually something that can be used to identify you or another individual, either on its own or when combined with other information.
This can include names, addresses, phone numbers, email addresses, financial information, IP addresses and even your browsing history.
Data privacy refers to the right of individuals to control how theirs is collected, used, stored and shared. Central to this is data privacy law which safeguards this right for every individual.
What is data privacy law?
It’s a combination of the legal frameworks and regulations that govern how personal data is handled by organisations and individuals. In the UK, the primary legislation is the Data Protection Act 2018 (DPA 2018), which incorporates the General Data Protection Regulation (GDPR), also known as the UK GDPR.
The DPA 2018 ensures that data is processed lawfully, fairly and transparently, and it requires that it’s collected for specified, explicit and legitimate purposes. It also mandates that it should be accurate, kept up-to-date and stored only for as long as necessary.
Key concepts of data privacy law
Several key concepts underpin these laws in the UK, including:
- Lawful basis for processing: Organisations must have a legal basis for processing personal data. This includes certain tick boxes such as consent, contractual necessity, legal obligation, vital interests, public task or legitimate interests.
- Data subject rights: Individuals have rights over their personal data, including the right to access, rectify, erase, restrict processing and object to processing, as well as the right to data portability.
- Accountability: Organisations must demonstrate compliance, often through documentation, data protection impact assessments (DPIAs) and appointing a Data Protection Officer (DPO) where necessary.
Why data privacy matters
Data privacy is crucial because it protects the rights of individuals and helps to avoid harm that can arise from misuse. Issues can include identity theft, discrimination and financial loss.
For organisations, adhering to data protection regulations and guidelines not only helps to avoid legal penalties but also builds trust with customers, enhances reputation and ensures smooth business operations.
Data has been described as the “new oil” by some, highlighting its importance to the modern world. But everyone still has the right to control theirs.
