General Data Protection Regulations – Overview
The General Data Protection Regulation (GDPR) which will be effective from 25th May 2018, will replace current data protection laws in the European Union.
The GDPR is based on the core principles of data protection which exist under the current law. These principles require organisations and businesses to:
- collect no more data than is necessary from an individual for the purpose for which it will be used;
- obtain personal data fairly from the individual by giving them notice of the collection and its specific purpose;
- retain the data for no longer than is necessary for that specified purpose;
- to keep data safe and secure; and
- provide an individual with a copy of his or her personal data if they request it.
The GDPR’s motive is to allow the customers to have an informed choice as to when their data is taken and for what purpose is it being used subsequently. The new law will give individuals greater control over their data by setting out additional and more clearly defined rights for individuals whose personal data is collected and processed by organisations. The GDPR also imposes corresponding and greatly increased obligations on organisations that collect this data.
Organisations and businesses collecting and processing personal data will be required to meet a very high standard in how they collect, use and protect data. Organisations must always be fully transparent to individuals about how they are using and safeguarding personal data, including by providing this information in easily accessible, concise, easy to understand and clear language.
For organisations and businesses who breach the law, the Data Protection Commissioner is being given more robust powers to impose very substantial sanctions including the power to impose fines.
The GDPR will also permit individuals to seek compensation through the courts for breaches of their data privacy rights, including in circumstances where no material damage or financial loss has been suffered.
May 20th, 2018