New data protection law gives people greater control over their own information
The Information Commissioner Elizabeth Denham will today explain how imminent changes to data protection law will require organisations to make the personal privacy rights of consumers a top priority.
Speaking at the ICO’s annual Data Protection Practitioners’ Conference, Ms Denham will say that the General Data Protection Regulations (GDPR), which come into force in May 2018, will give people stronger rights to be informed about how their personal information is used.
She will say the GDPR will bring “a more 21st century approach” to how personal data is processed and that organisations should seize the opportunity to set out a culture of data confidence in the UK.
Ms Denham will say:
“The GDPR provides more protections for consumers and more privacy obligations for organisations. It aligns with people’s expectations for strong safeguards, and recognises the advance of digital services in the public and private sector.
“The real change for organisations will be understanding the new rights for consumers.”
She will say:
“I want to see comprehensive data programs as the norm, organisations better protecting the data of citizens and consumers and a change of culture that makes broader and deeper data protection accountability a focus for organisations across the UK.”
Under GDPR, UK citizens will benefit from new or stronger rights:
- to be informed about how their data is used;
- around data portability across service providers;
- to erase or delete their personal information;
- over access to the personal data an organisation holds about them;
- to correct inaccurate or incomplete information; and
- over automated decisions and profiling.
Strengthened rules around consent will give consumers genuine choice and ongoing control over how organisations use their data, as well as ensuring an organisation is transparent and accountable.
The GDPR will also introduce a duty on all organisations to report serious data breaches to the regulator, and in some cases to the individuals affected.
The ICO conference in Manchester brings together over 800 delegates from a variety of different sectors. As well as key speakers, the event includes workshops on preparing for the new law. The event will be livestreamed on the ICO website throughout the day.
Ms Denham’s speech will be published on the ICO website later this morning.
Notes
- On 2 March 2017, the ICO published guidance on the consent aspect of the new law, which is now open for consultation.
- A paper looking at how Artificial Intelligence, machine learning and data protection will combine in the coming years was published on 3 March.
- The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
- The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.
- The ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit. The ICO has the power to impose a monetary penalty on a data controller of up to £500,000.
- Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:
fairly and lawfully processed;
processed for limited purposes;
adequate, relevant and not excessive;
accurate and up to date;
not kept for longer than is necessary;
processed in line with your rights;
secure; and
not transferred to other countries without adequate protection.
- Civil Monetary Penalties (CMPs) are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
- Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by the Information Commissioner’s Office (ICO).
- To report a concern to the ICO telephone our helpline 0303 123113 or go to ico.org.uk/concerns.
