References

Data protection is changing − the new general data protection regulations (GDPR)

From Volume 11, Issue 3, July 2018 | Pages 110-114

Authors

Nicholas Hemmings

BDS, MSc, MOrth RCS(Ed), FDS RCS(Ed)

Consultant Orthodontist, Ashford and St Peter's Hospitals, London WC1X 8LD, UK

Articles by Nicholas Hemmings

Abstract

Abstract: The General Data Protection Regulations (GDPR) govern the use of personal data within the European Union as from 25th May 2018. This supersedes the legislation of the Data Protection Act (DPA). Whilst it has many similarities to the DPA, it has significant enhancements that require active engagement to ensure compliance. It is a requirement for practices to appoint a Data Protection Officer, pay the Information Commissioners Office (ICO) fee, update their privacy notices, create written contracts between controllers and processors, identify and document the lawful basis for processing data, and comply with the rights of individuals.

CPD/Clinical Relevance: Data protection regulations have changed as part of EU legislation. These changes applied from 25th May 2018 and are applicable to all.

Article

Personal data can be defined as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.1 Further to this, ‘sensitive’ personal data, now known as ‘special categories’ of personal data include:

The new General Data Protection Regulations supersede the Data Protection Act (DPA), to standardize data privacy laws and protect an individual's rights in a modern data-driven digital economy.2 It comprises 99 articles grouped into 11 chapters. It is applicable to all organizations operating within the European Union (EU), and to non-EU organizations offering goods and services to individuals within the EU.1 Britain's decision to leave the EU does not affect the implementation and enforcement of this European legislation,3 which came into force on 25th May 2018. The Information Commissioners Office (ICO) has stated that ‘if you are complying properly with the current law then most of your approach to compliance will remain valid under the GDPR and can be the starting point to build from’.4 There are, however, new elements and significant enhancements which are applicable to both automated and manual systems.1

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