A new Data Protection Bill is due to be published in
September 2017, bringing the EU’s General Data Protection Regulation (GDPR)
into UK law.
Under GDPR, individuals will be awarded a new right to
request that their personal data is completely erased. UK law will extend this
right by requiring social media providers to delete all of a personal’s posts
from before they were under 18, if requested.
Support will be provided to businesses to make sure they are
in a position to manage and secure their data correctly. The Information
Commissioner will also be given greater powers to defend consumer interests and
will be able to levy increased fines of up to £17 million, or 4 per cent of
global turnover for the most serious data related breaches.
Changes in Favour of the Consumer
Furthermore, the definition of ‘personal data’ will be
expanded to cover DNA, IP addresses and internet cookies. The Bill will make it
easier and free for individuals to require an organisation to disclose any
personal data held on them, and it will be more straightforward for customers
to migrate their data from one service provider to another.
Strengthening the Law to Reflect Today’s Digital Economy
Many of the changes being introduced are based around the
aim of strengthening the law to reflect today’s digital economy. With the
introduction of the Bill, it will be a criminal offence for an organisation to
recklessly or intentionally allow someone to be identified from the use of data
that has been anonymised, in other words, data that has been adjusted in such a
way that the holder should not be able to be identified. In addition, criminal
charges could be faced by organisations found tampering with data that an
individual has requested.
Challenging Changes?
Some of these new requirements may lead to challenges for
businesses, particularly those that do not have their data stored digitally,
making it more difficult to sort it. Many experts have warned that numerous
businesses are by no means prepared for the new rules.
The extent of the new legislation is also presently unclear.
There is talk of some exemptions depending on the type of data in question, but
nothing has yet been confirmed.
As soon as more details come to light, we will share them.
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