In the digital age, individuals are more concerned about data privacy than ever before. From business owners to legal professionals, they are looking for a great understanding of UK data privacy laws.
There are growing concerns over data as technology has vastly expanded and become part of our daily lives.
With personal details being collected by a variety of online sources including social media, people are concerned about how this is then used and what protection they have.
Data breaches are a fear for a lot of individuals. With risks of identity fraud, surveillance and privacy, this article looks at the General Data Protection Regulations commonly known as GDPR and other privacy rights in the UK.
This will help readers to understand how to protect their personal information. Here is exactly what the article will cover to understand UK data privacy laws:
What rights will the individual have regarding their data?
How organisations are responsible to protect data
What can individuals do if their privacy rights are violated?
What exactly is GDPR and other relevant laws
Offer a greater understanding data protection rights
What is GDPR?
General Data Protection Regulation (GDPR) is a data protection law that was implemented in the EU. Since Brexit, the UK has their own version of UK GDPR. Offering data protection rights in the UK, this law protects the personal data of individuals. It makes sure they have transparency and control over their data in the digital world.
This helps to protect personal data for individuals and businesses and offers a great level of rights. It holds companies to account for how they use and collect the data.
Who does GDPR apply to?
The UK GDPR is there to protect individuals in the UK who are using data online. It applies to those businesses and public authorities handling personal data.
If you are the individual responsible for personal data, the GDPR has specific legal obligations such as maintaining records of personal data and how you process this data. If you breach this set of regulations, you could be liable as well as the person you are working for.
The ruling applies to all companies in the UK and they must follow these regulations set out on data.
Public authorities such as councils and government departments who handle public records, need to follow the rights set out by the GDPR.
Key Privacy Rights Under GDPR
Here are the key GDPR privacy rights:
Right to Access
The GDPR states that individuals have the right to access and obtain information from the specific organisation on whether their personal information has been processed.
If a request has been made, the organisation must then provide the personal data about the individual. This needs to include the purpose of processing the information and where they will share this data.
They also need to share how long they will keep the data and the source of the data.
Right to Rectification
Individuals have the right to ask any organisation in the UK to update any data. Whether it’s inaccurate or incomplete, they have a right to rectification.
The organisation will then need to confirm that the data is not correct and then they will have a month to let them know they will rectify it.
Right to Erasure (Right to be Forgotten GDPR):
An individual is within their rights to request the deletion of their data. This needs to be on the condition that they have either withdrawn their consent or the data is no longer necessary.
The data could have been unlawfully processed or is necessary to be deleted for legal purposes.
Right to Restrict Processing
Individuals are also within their rights to limit where the data is processed, depending on circumstances.
Companies can not process data if:
It is inaccurate
If the process is unlawful
The organisation has no necessity to keep the data
They are verifying the request for the data erasure
Right to Data Portability:
Individuals have the right to obtain the data they have previously sent to a specific organisation. They can request this information be sent straight to another organisation in a structured format.
Right to Object:
An individual has rights under the GDPR to object to ways of processing their data. It will depend on what they are processing it for and the lawful reasons for this.
Rights of Automated Decision-Making:
The GDPR makes it clear to companies what they can do exactly. They offer individuals protection against profiling which could include the personal preferences of an individual, their health and location.
If an individual has given consent, they lose their rights to this.
Post-Brexit Changes to Data Protection
UK GDPR
The UK introduced their version of the EU GDPR but it focuses on the UK’s legal context. The UK GDPR has the same rights and guidelines that are followed by the EU GDPR.
The UK GDPR is enforced by the Information Commissioner’s Office and they deal with any penalties and complaints by individuals.
International Data Transfers:
Post-Brexit, data is transferred between the UK and EU freely. The European Commission found that the UK’s data protection framework offered a level of protection that was adequate.
This means that personal data can freely be shared between the UK and EU.
Compliance for Businesses
Businesses that operate both in the UK and the EU now need to make sure their data sharing complies with both the GDPR and the UK GDPR.
It can depend on where the data processing takes place. They must update their data process rules according to any updated regulations.
Other Relevant Privacy Laws
UK Data Protection Act 2018
In the UK, the UK Data Protection Act 2018 also helps to define how personal information is used by organisations or the government.
As discussed by GOV UK, the Data Protection Act means those responsible for using personal data should follow data protection principles;
Use the personal data lawfully and fairly
Use the data for specified purposes
Use in a relevant way and limited to the purpose
Make sure it’s accurate and up-to-date
Is not kept longer than necessary
Only used with appropriate security and protection
ePrivacy Directive:
The ePrivacy Directive offers a set of rules that must be followed by companies in the UK. Its full name is the Privacy and Electronic Communications Directive and was enforced in 2022.
It provides guidance on cookie usage, email marketing and data privacy in the UK.
PECR (Privacy and Electronic Communications Regulations)
The PECR works alongside other laws to help protect individual data.
It helps people’s rights when it comes to marketing calls, emails and cookies. It also covers electronic communications service and customer privacy regarding traffic and location data.
Responsibilities of Organisations
Data Controller vs. Data Processor:
In an organisation, there will be a data controller and a data processor. Here is a look at their role and responsibilities
Data Controller | Data Processor |
They are responsible for making sure the company is compliant with the UK GDPR | They implement the data following the controller’s information and rules |
They decide what and how the data is processed | They process the data following the instructions |
They must pass on vital laws and regulations to the processor | They follow the data controller’s instructions and pass this on to any other workers |
Legal Bases for Processing Data:
Organisations need to do the following to process personal data lawfully:
Consent must have been given to process the data, which must have been done freely.
This is lawfully right if a contract needs to be completed by processing data.
The process can take place if it is legally obligated such as employment or tax law.
Processing data can be undertaken if it’s of vital interest such as to protect someone.
Data Protection Impact Assessments (DPIAs):
A data protection impact assessment needs to be carried out by companies before sharing data. This will stop any potential damage to someone’s privacy when data is processed as it will outline any risks.
The DPIA must cover the nature, context and purpose of the processing. It should assess any measures to make sure they are compliant and necessary to use the date.
Reporting Data Breaches
If a data breach has occurred, an organisation must report this to the Information Commissioner's Office (ICO).
A data breach needs to be legally reported within 72 hours of being made aware of it. All information must be provided at this time. If you can’t act within this period, you will have to explain why.
You must provide a description of the data breach including which individuals and how many this breach concerns. It also should include the amount of data reports breached.
The name and contact details of the data protection officer and the potential consequences of the breach. You should also include what you plan to do with what measures you should take.
What to Do If Your Privacy Rights Are Violated
If your privacy rights are violated, you should do the following:
You should first file a complaint with the ICO or a relevant authority. If you feel your rights are violated under the UK GDPR. You need to provide details of the violation and any evidence you have. They will investigate this and may force the company to take action.
If this doesn’t get resolved, you can sue the organisation. You can also get an injunction to stop them from using their information.
You can then seek compensation for damages caused by data breaches. If it’s material damage, you could claim money if you can prove loss of money through the breach. Also, non-material damage could be emotional distress or anxiety caused by the breach. You can take litigation action.
FAQs
How can I access my personal data under GDPR?
You can request your data from the organisation at any time. You can send an email requesting information and they have a month to respond. You can ask what they are doing with the data, the purposes and to whom it will be sent.
What should I do if an organisation refuses to delete my data?
You can send a request to the organisation to delete the data with your right to erasure. They have to explain why they can’t delete it if they refuse. You should then make a complaint to the ICO if you do not agree.
How do I know if my data has been breached?
If a breach has occurred, an organisation is legally responsible for informing within 3 weeks. If you find a breach that has not been reported, you need to contact the company. You can file a complaint if they do not do anything regarding the breach.
Can I object to my data being used for marketing purposes?
You have a right to object to your data being used for marketing purposes. They must immediately stop using your data or you can make a complaint.
What are the penalties for organisations that violate GDPR?
The organisation will receive a fine if they do break the set guidelines by the GDPR. They will also be required to change their date processing and have a bad reputation.
Conclusion
You have a right to privacy when it comes to your data being used online. We have looked at the privacy rights from the UK GDPR and what rights companies must hold when processing data.
As we have discussed, Brexit has meant that the UK has its version of privacy rights which is very similar to the EU GDPR.
We have also looked at data breaches and how they must be handled by professionals who are controlling and processing data. An individual has many options if they do want to stop their data from being processed.
You should keep informed about your rights when it comes to privacy rights. You can take action if you believe your data has been mishandled.