Absolute Data Protection
This means that every individual is entitled to have their personal data protected, used only in a fair and lawful way, and made available to them when they ask for a copy. If an individual feels that their personal data is wrong, they are entitled to ask for that information to be corrected.
Absolute Data Protection
Article 23 GDPR allows for further restrictions on data protection rights in national law, but these restrictions must adhere to an exhaustive list of requirements, respect the essence of the fundamental rights and freedoms of individuals, and be necessary and proportionate to safeguard certain objectives of societal or general public interest.
Though experts sometimes disagree over the finer points of these two rights, on this page you will find a general description of privacy and data protection, as well as an outline of data protection law; data protection in practice; the independence of supervisory authorities; cross border data protection; and the interaction between privacy, data protection and security.
Data protection is about protecting any information relating to an identified or identifiable natural (living) person, including names, dates of birth, photographs, video footage, email addresses and telephone numbers. Other information such as IP addresses and communications content - related to or provided by end-users of communications services - are also considered personal data.
The notion of data protection originates from the right to privacy and both are instrumental in preserving and promoting fundamental values and rights; and to exercise other rights and freedoms - such as free speech or the right to assembly.
The Charter contains an explicit right to the protection of personal data (Article 8).The entry into force of the Lisbon Treaty in 2009, gave the Charter of Fundamental Rights the same legal value as the constitutional treaties of the EU. Thus the EU institutions and bodies and the Member States are bound by it.
In addition, article 16 of the Treaty on the Functioning of the European Union (TFEU) obliges the EU to lay down data protection rules for the processing of personal data. The EU is unique in providing for such an obligation in its constitution.
For decades, the EU has held high standards of data protection law . The law entitles individuals to exercise specific data protection rights and obliges (public or private sector) organisations that process their data to respect these rights.
Fully applicable across the EU in May 2018, the GDPR is the most comprehensive and progressive piece of data protection legislation in the world, updated to deal with the implications of the digital age.
Globally, there is an increasing growth in data protection (sometimes referred to as data privacy in non-EU countries) laws. Many of these laws are strongly influenced by the EU rules, which have long been considered the gold standard in data protection law.
Over 100 countries around the world now have data protection laws in place: fewer than half of these countries are in Europe (28 EU Member States and others). The majority of data protection laws have been adopted outside of Europe, with the fastest growth seen in African countries.
For the enforcement of data protection laws to be effective, DPAs are given the power to investigate, detect and punish violations as well as the responsibility to raise awareness of data protection rights and obligations in general.
The Court of Justice of the European Union, has consistently emphasised that control by an independent authority is an essential component of the right to data protection and has laid down the criteria for such independence.
The rights to privacy and data protection may need to be balanced against other EU values, human rights, or public and private interests such as the fundamental rights to freedom of expression, freedom of press or freedom of access to information.
The rights to privacy and data protection may also need to be weighed up against other public interests, such as national security. EU Member States adopt measures to combat terrorist threats, but more generally to reinforce the judicial and police cooperation in criminal matters in the area of Freedom, Security and Justice (AFSJ).
However, the courts by means of the specific legal provision on data retention, are now exploring the boundaries of this competence: according to the Court of Justice of the EU (CJEU), even measures derogating from EU law are subject to the Charter of Fundamental Rights.
Data protection authorities in general have a pivotal role to play in ensuring this balance between privacy and other interests, including in the sensitive domain of security where their role is expanding; for instance on 1 May 2017, the EDPS took over the data protection supervision of Europol, the EU body actively cooperating with law enforcement authorities to combat international crime and terrorism.
The EDPS' role of independent adviser to the EU institutions relates to all matters concerning the processing of personal data, including initiatives to improve security in the EU and new data-exchange tools for law enforcement agencies.
Have a listen to Episode 2 of the Newsletter Digest! This new podcast series aims to bring you closer to some of the work we do to shape a safer digital future, in just under 10 minutes. Our main topics of this month include: personal data breaches, consultations and complaints, and more.
In this Newsletter, find out more about our top consultations and complaints dealt with in 2022, our activities for data protection day. As well as our latest Opinions, including one that may have an impact on your holidays, and one concerning your instant payments.
Article 21 of the UK GDPR gives individuals the right to object to the processing of their personal data at any time. This effectively allows individuals to stop or prevent you from processing their personal data.
An objection may be in relation to all of the personal data you hold about an individual or only to certain information. It may also only relate to a particular purpose you are processing the data for.
Effectively this means that if you are processing data for these purposes and have appropriate safeguards in place (eg data minimisation and pseudonymisation where possible) the individual only has a right to object if your lawful basis for processing is:
If you are processing personal data for research or statistical purposes you should include information about the right to object (along with information about the other rights of the individual) in your privacy notice.
This may mean that you need to erase personal data as the definition of processing under the UK GDPR is broad, and includes storing data. However, as noted above, this will not always be the most appropriate action to take.
Erasure may not be appropriate if you process the data for other purposes as you need to retain the data for those purposes. For example, when an individual objects to the processing of their data for direct marketing, you can place their details onto a suppression list to ensure that you continue to comply with their objection. However, you need to ensure that the data is clearly marked so that it is not processed for purposes the individual has objected to.
If you have doubts about the identity of the person making the objection you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for.
The right only applies to data held at the time the request is received. It does not apply to data that may be created in the future. The right is not absolute and only applies in certain circumstances.
If you have disclosed the personal data to others, you must contact each recipient and inform them of the erasure, unless this proves impossible or involves disproportionate effort. If asked to, you must also inform the individuals about these recipients.
The UK GDPR defines a recipient as a natural or legal person, public authority, agency or other body to which the personal data are disclosed. The definition includes controllers, processors and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Where personal data has been made public in an online environment reasonable steps should be taken to inform other controllers who are processing the personal data to erase links to, copies or replication of that data. When deciding what steps are reasonable you should take into account available technology and the cost of implementation.
It may be that the erasure request can be instantly fulfilled in respect of live systems, but that the data will remain within the backup environment for a certain period of time until it is overwritten.
You must respond to a request for erasure without undue delay and at the latest within one month, letting the individual know whether you have erased the data in question, or that you have refused their request.
If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality. You should take into account what data you hold, the nature of the data, and what you are using it for.
The information you supply in this form will only be used for the purposes of identifying the personal data you are requesting that we erase and responding to your request. You are not obliged to complete this form to make a request, but doing so will make it easier for us to process your request quickly.
To ensure we are erasing data of the right person we require you to provide us with proof of your identity and of your address. Please supply us with a photocopy or scanned image (do not send the originals) of one or both of the following: 350c69d7ab
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