Personal Data

• Understanding whether you are processing personal data is critical to understanding whether the UK GDPR applies to your activities.
• Personal data is information that relates to an identified or identifiable individual.
• What identifies an individual could be as simple as a name or a number or could include other identifiers such as an IP address or a cookie identifier, or other factors.
• If it is possible to identify an individual directly from the information you are processing, then that information may be personal data.
• If you cannot directly identify an individual from that information, then you need to consider whether the individual is still identifiable. You should take into account the information you are processing together with all the means reasonably likely to be used by either you or any other person to identify that individual.
• Even if an individual is identified or identifiable, directly or indirectly, from the data you are processing, it is not personal data unless it ‘relates to’ the individual.
• When considering whether information ‘relates to’ an individual, you need to take into account a range of factors, including the content of the information, the purpose or purposes for which you are processing it and the likely impact or effect of that processing on the individual.
• It is possible that the same information is personal data for one controller’s purposes but is not personal data for the purposes of another controller.
• Information which has had identifiers removed or replaced in order to pseudonymise the data is still personal data for the purposes of UK GDPR.
• Information which is truly anonymous is not covered by the UK GDPR.
• If information that seems to relate to a particular individual is inaccurate (ie it is factually incorrect or is about a different individual), the information is still personal data, as it relates to that individual.

Breaches

The Data Controller has 72 hours to alert the ICO in the event of a GDPR breach.

1. Fines of up to £8.7 million, or 2% annual global turnover – whichever is higher, for infringements of an organisation's obligations (e.g. data security breach).

2. Fines of up to £17.5 million, or 4% annual global turnover – whichever is higher, for infringements of an individual's privacy rights.

General Guidelines

Data Subject Rights

• Right to Access (see SAR)

• Right to Rectification

• Right to Erasure (where data can be legally deleted)

• Right to Restrict Processing (in certain circumstances)

• Right to Portability (only applies to information the Data Subject has provided to a Data Controller, not data about the Data Subject that has been gathered from elsewhere)

• Right to Object

GDPR Subject Access Request (SAR)

Glossary

• CNDP - Luxembourg National Commission for Data Protection

• Data Journey

• DPA - Data Protection Act

• DPIA - Data Privacy Impact Assessment

• DPO - Data Protection Officer

• GDPR - General Data Protection Regulation 

• ICO - Information Commisioner's Office

• PII - Personal Identifiable Information

• ROPA - Record of Processing Activities

• SAR - Subject Access Request

• SCD - Special Category Data

Bibliography