DP Rights & Duties – McMahon Legal (Solicitors)

Subject’s Rights

Data Protection Regulation and Freedom of Information The General Data Protection Regulation gives significant rights to individuals in relation to data (information) held by third parties about them. These rights may be enforced directly against the person or entity who holds or controls the data.… Read the rest

Restrictions

General Limitations on Rights Data is not personal data, simply because the person’s name is mentioned. For example, data in an employment or agency context may be that of the employer. Trade secrets and intellectual property need not be disclosed. … Read the rest

Policing Restrictions

Right to information Law Enforcement Context I A law enforcement data controller must ensure that the data subject is provided with, or, as appropriate, has made available to him or her, the information specified below in relation to personal data relating to him or her within a reasonable period after the date on which the controller obtains the personal data concerned, having regard to the circumstances in which the data are or are to be processed.… Read the rest

Holder’s Duties

Duty to Keep Data Secure Data controllers must keep the data which they hold secure. The security must be appropriate. What is appropriate will depend on the circumstances. Regard may be had to the state of the art and the cost of implementation of measures.… Read the rest

High Risk Holders

Data Protection Impact Assessment Where a type of processing, in particular, one using new technologies, taking account of its nature, scope, context and purposes, is likely to result in a high risk to the rights and freedoms of persons, the data controller must, prior to the processing, carry out an impact assessment of the envisaged processing operations on the protection of personal data.… Read the rest