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Data Protection Act 2018

1.5.1 Computing related legislation · Paper 1 · 5 flashcards · 1 question

The way organisations handle personal data is governed by strict laws. Understanding these is essential for anyone working with computer systems.

Definition
The Data Protection Act 2018 (incorporating GDPR) is UK legislation that governs how personal data must be collected, stored, processed, and protected.
Definition
Personal data is any information that can identify a living individual, either directly or indirectly. This includes names, addresses, email, IP addresses, photos, and more.

The Seven Principles

Key Point
GDPR principleWhat it means in practice
1. Lawfulness, Fairness, TransparencyProcess data lawfully/fairly; tell people how data is used; no deception
2. Purpose LimitationCollect for explicit purposes only; no incompatible reuse without notice
3. Data MinimisationCollect only necessary data; avoid "just in case" collection
4. AccuracyKeep data accurate and up to date; correct/delete inaccurate records
5. Storage LimitationKeep data only as long as needed; apply retention and secure deletion
6. Integrity & ConfidentialityProtect data from unauthorised access/loss with appropriate security controls
7. AccountabilityBe able to demonstrate compliance with policies, records, and governance

Individual Rights

Key Point
Data subject rightWhat it allows
Right to be informedKnow what data is held and why
Right of accessRequest a copy of personal data (Subject Access Request)
Right to rectificationCorrect inaccurate data
Right to erasureRequest deletion in certain circumstances
Right to restrict processingLimit how data is used
Right to data portabilityReceive data in machine-readable form
Right to objectObject to certain processing activities
Rights re: automated decisionsAvoid solely automated decisions in relevant cases
Example
Scenario: A user requests access to their data from a social media company.

The company must:
• Respond within one month
• Provide all personal data held
• Explain how the data is used
• Not charge a fee (in most cases)
• Verify the requester's identity

The Eight Principles of the 1998 Act

The specification names the Data Protection Act 1998, which the 2018 Act replaced. Past mark schemes list the principles in the wording of the 1998 Act, so learn them in this form as well.

Key Point
PrinciplePersonal data must be
1Processed fairly and lawfully
2Collected and used only for the purpose it was collected for
3Adequate, relevant and not excessive
4Accurate and kept up to date
5Kept for no longer than necessary
6Processed in accordance with the rights of the data subject
7Kept secure
8Not transferred to a country outside the European Economic Area unless that country gives it adequate protection