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Data Privacy Laws In The UK: Their Impact On Business Operations

Data Privacy Laws
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Introduction

Among all various privacies and laws “Right to privacy” is significant fundamental right provided to human and is followed throughout the history traditionally. The laws also are to indicate the social and legal values besides right. In the regulatory approaches of the privacy law personal data protection without exceeding the privacy should present and the role needs to protect other personal data such as identity, reputation, privacy with security.  In the changing business environment European Union legislation made some of the significant changes protecting the fundamental rights of privacy. Therefore, the enforcement of General Data Protection Regulation (GDPR) set up in May 2018. The law of GDPR is for the new system evenly, handling the private and public sector for the personal data protection followed by many obligations. GDPR includes the Directive 95/46/EC that is Data Protection Directive leading toward the increased harmonization of the data protection law throughout the National Laws of EU Member States. Due to this reason the UK government has passed the DPA Act 2018 that is UK Data Protection Act 2018. The people have the right to lodge a complaint to the data protection authority to the Information Commissioner’s Office in the UK.This essay has discussed a report regarding the Data Privacy Laws in the UK with effects on the business operations of the nation.

Privacy And Data Protection Legislation And Standards In The UK

The data protection bill has been enforced on May, 2018 and before it the United Kingdom governed the Data Protection Act or DPA 1998 with the implementation of Data Protection Directive into the National law and enforces on the day of 1st March, in 2000. In the business operations there is contribution of the Privacy and Electronic Communications Regulations (PECR) 2003 and those amendments have been made by the regulation of direct marketing. As per assignment help UK professional It takes the location and traffic data usage processing including the use of cookies and similar technologies. To replace the existing ePrivacy Directive the European Commission has issued proposed draft Regulation on Privacy and Electronic Communications (Raul, 2018). The regulation is being complemented by ePrivacy Regulation with the direct effects for the Member States that includes the United Kingdom. It aims to provide the marketing rules using the websites cookies to the sector-specific rules. There are some required changes in the ePrivacy regulations and these are following –

  1. It demands for a clear and positive action to provide the consent to the cookies.
  2. It attempts to encourage the burden of shifting and obtains the consent to use of cookies to website browsers.
  3. The direct marketing consent is hard to get and to meet the requirement with setting out the standards in the regulation (Legislation.gov.uk. 2021).

Different Categories Of Data To Be Protected

Different kind of categories in the data protection processing involved –

Personal Data – Any data is able to use to identify a person.

Sensitive Data – Data discloses information about the race, origins, religion, beliefs, political opinions, party memberships, trade unions, association and the personal data with the disclosure of health and sex life.

Identification of data – Personal data permits the direct identification of the data subject.

Anonymous data – Data cannot be associated for the identification of the data subject. The regulations of data protection actdoes not regulate the category of data (Guarda, 2008). 

Principles Of Data Protection

In the EU Data Protection regulations set the main principles establishing the data processing to perform. The principles of privacy have been mentioned in the below –

Justified & Legal Processing – Neither the data collection or processing nor the autonomy and integrity of personal data interfere upon the privacy of data subjects.

Consent – Personal data is collected based on the data subject that accordin the processing. Specification with Purpose – The personal data is collected specifically for the legitimated purposes and it is not processed with the incompatibility and purposes for which the data are collected (Guarda, 2008). To know more, get free assignment help from SourceEssay

Minimum requirement – The minimum necessary is put in the limit to achieve he specific purposes for the assembly and processing of personal data. The personal data is retained for the necessary time to attain some particular purposes.

Minimum Exposure – The exposure of personal data is to the third parties to restrict and take place upon some specific states.

Quality of Information – For the help of of data collection and processing the personal data is required to be accurate, relevant and completing the purposes.

Data Subject Control – It is able to check the personal data processing with influencing (Uhi.ac.uk. 2021).

Sensitivity – Instead of other personal data the rigorous protection is measured by the processing of personal data that are sensitive for the data subject.

Security Information – To guarantee the security level appropriately the personal data is processed and the risks are presented for the processing as per the nature of data.

Impact Of GDPR On Business

General Data Protection Regulation (GDPR) is the new law enforced to protect the private and public sector data. It is implied on every organisation in the way of data processing and the EU citizens should comply with the data prescribed by GDPR rules for the personal data protection. GDPR was forced on 25th May 2018 and it takes the shelter of new technologies that are not covered by the Directive like the big data, mobile applications and social networking platforms. It introduces the new rules on denoting the protection of personal data within additional rules for specific processing of data (IVAN and KOMAZEC).

The GDPR is applied on the companies and on the business representing the office personal data processing for the EU Member States. Essay typer derived if someone is operating business using internet and using the personal data processing of European citizens for the reason of business and one of the conditions is required to be followed and completed such as – in the condition of offering products or services to the citizens in the EU and in the condition of tracking behavior of the EU citizens (GOV.UK. 2021).

It means that someone doing business can have the website in which kind of services are offered like selling garments and graphic design services developed by someone in the social networking platform is offered by the communication services and networking that tracks the user behaviour in the process (Arsenijević, et al., 2018). To offer services to the EU citizens in case of opening of internet GDPR can be applied on business in that case. GDPR provides a setting of numerous obligations for the companies and there are other subjects to handle the personal data with the requirement of proactive and reactive planning, adjusting the technology and business reorganisation.

Data Protection Authority

ICO has enforced both DPA and PECR act and from 25th May 2017 ICO has enforced the Regulations in the UK. The legislation has implemented the regulation on the finalization of ePrivacy regulations. ICO is similarly enforces the Freedom of Information Act 2000 providing the access to the public holding through information. The access can be done by the public authorities and the responsibility is for the independent status–

  1. The maintenance made by the data controller for the public register.
  2. To promote some good practices through giving advices and to guide on the safeguarding of data functioning with the organisations. It is the mode to improve the data processes through audits, advisory visit arrangement and data protection workshops.
  3. To rule on complaints (Tikkinen-Piri, Rohunen and Markkula, 2018).
  4. To take the regulatory actions.

Technological Innovation In The Privacy Law

The application of anonymous data has not been implemented neither by DPA nor Regulation. But the anonymous data takes a lot of discussion and the methods can be applied to the anonymise data. According to assignment maker organisations are recommended by the guidance of ICO and uses anonymisation in the place the effective and comprehensive structure of governance has included –

  1. The technical and legal understanding for the process management and so the senior information risk owner has been recruited.
  2. To train the staff to understand clearly techniques of anonymisation and the associated risks with the meaning of mitigation.
  3. The process of identification in the anonymisation is cases are seemed to be problematic that is difficult to achieve the practice (Itgovernance.co.uk. 2021).
  4. It provides the knowledge management about the new case laws and new guidance to provide the clearance to the legal framework for surrounding anonymisation.
  5. The joint approach is in the same sector to do similar works.
  6. It uses the assessment of privacy impact.
  7. It includes the process of personal data anonymisation and used techniques for the individual choices over the anonymisation.
  8. To review the consequences for the anonymisation programme.
  9. To recover the disaster with procedure with the necessity of re-identification in the place compromising the individual privacy.

Big Data – It has not been banned to use by the DPA but it has many data protection issues. ICO provides the control in 2014 and modified it in 2017 with the consideration of data protection through the big data. Big data produces a range of benefits for the consumers with the concerns of data protection impact (Starkbaum and Felt, 2019).

Bring your own device (BYOD) – For the companies the BYOD guidelines have been published by ICO. It allows the program to the employees to connect their own devices in the IT system of the company. The organisation uses BYOD with clear policy that connects the devices of the employees and makes the employees understand about their responsibilities. To protect the personal data the business organisations are required to install the antivirus software on the personal devices. It provides a huge technical support to the personal data of the employees and also to the business data (Team, 2020).

Cloud computing – The cloud computing is used to comply with the EU data protection with the requirements of data protection. Some regulations about the cloud computing have imposed and made by the EU. The selection of cloud provider are required to do wisely by the Cloud customers with considering the financial, legislative and mechanical conditions (KAMARINOU, MILLARD and HON, 2016).

Cookies – It was amended in the ePrivacy Directive 2002/58/EC and includes the change of Article 5(3) with the required consent for using cookies and similar technologies. This new requirement was proposed to implement in the UK followed by the PECR. ICO has also published the guidance for the use of cookies providing the recommendations to comply with the requirements to receive the consent. To get access to more data for your assignment, take online assignment help from SourceEssay anytime.

UK Cyber Security Strategy For The Business Organisation

The cyber security and data breaching is provided based on the Investigatory Powers Act 2016. The act has prohibited the communications without any legal or lawful authority for the situations in the lawful authority. There are various enforcement and intelligence authorities who are able to make the target demands on the telecommunication operators by the Investigatory Powers Act (Mouzakiti, 2020). In the UK the cyber security strategy was published by the Cabinet Office on November, 2011 and it is used to protect and promote the digital world in the UK having four objectives to be achieved by 2015 (Assets.publishing.service.gov.uk. 2021).

  1. It handles the cybercrime and makes the UK the most secure places in the world of business.
  2. It has been more resilient from the cyberattacks that is better able to protect the cyberspace interests.
  3. It has created the unrestricted, steady and lively cyberspace that can be used by the UK public safely and it is to support the open societies.
  4. It has the knowledge with efficiencies and skillsto cope with the needs that are underpinned to all the cybersecurity purposes (Schwerin, 2018).

Brexit And UK Data Privacy In 2021

In the new UK Data Protection Act by the amendment many legal changes have affected the data protection area. There is an interim period of six months that are agreed by both UK and EU ensuring the flow of data between two blocks freely (Salmensuu, 2018). A withdrawal agreement has been taken into effect by EU as the Exit Day specifying the UK to ensure the level of personal data protection effectively similar to the level in the Union law as per article 71.  It has been considered as importance because Article 45 in the European GDPR has stated the requirement for the countries as the part of EU to acquire the sufficientlevel for domestic data protection laws. It is because of providing the assurance to the free flow of information to and from the EU (MURRAY, 2017).

The UK has to receive the adequate contracts from the EU prior to the interim period end to achieve the third country rank within the GDPR and it has restricted the data transfer from the EU (Cookiebot.com.m 2021).

The new data protection act 2018 and new GDPR the UK-GDPR have been enforced in the UK with the conjunction of recently reformed Data Protection Act 2018. There is DPPEC Regulationsthat is Data Protection Privacy and Electronic Communications Regulations 2019 and the amendment of statutory instruments are amended in the GDPR with the turn of recently UK-GDPR and the Data Protection Act 2018. DPPEC Regulations are viewed in showing the changes that are to take the effect on the Exit Day on January 2020 (Lehtiniemi). Brexit has brought the overall changes in the UK data Privacy law.The GDPR of UK has been reformed to the latest UK-GDPR amending the Data Protection Act too.

The new business website must inquire for the before the processing of personal data of the users with taking accordance of the users. The websites use third-party cookies with a requirement to apply the solution from the consent management. My assignment help writer confirms the cookies and trackers that are deactivated before using the explicit consent to do personal data processing (Krzysztofek, 2018).

Data Protection Versus Privacy

In the European context the data protection law references are made instead of the privacy law. The ‘privacy’ word has not mentioned all in the GDPR in the term of “private life”. There are different concepts of data privacy and data protection having a co-relation. The data should work together with the data protection to ensure the assistance of freedom and dignity that includes the ability to become included in the society. Privacy means the transformational dimension that is a state of affair where the data relates to a person in the non-access state (Dove, 2018). A set of legal rules are there in the data protection which is purposed to protect the rights, freedoms and interests of the individuals. The personal data are provided the condition of collection, storage, processed and damaged. The fairness is required in the data processing and the data protection aims to make privacy protection broader and similarly it is used as a crucial tool that ensures the privacy. The organisation can include the legal basis for the processing of data within the privacy notice available to data subjects that is considered sometimes as the “fair processing notice”. It is monitored by the data protection officer and is purposed for the legal basis for the data protection (Custers, et al., 2019).

Outlook Of The UK Data Privacy Law

The enforced Regulations of 25th May, 2018 was about to applied on the Member States and to remain direct applicable in the UK. In 2017 the speech of Queen affirmed that UK will be still in the EU Member State and the Regulations take the effect which the Government wants to introduce the implementation of the legislation for the Regulation. After the period of Brexit there is a law that will be likely to pass. The law is regarding the needs of implementing the Regulation by the proposed Data Protection Bill. The expectation was for the publication of New Data Protection Bill draft in 2017 and the UK government will about to reform the data protection law from the Regulations. The UK government has published the process of position paper for UK-EU data protection cooperation by closely following the aspiring model. The Brexit aims to continue regulatory cooperation between the UK and the EU and to the data protection regulators promoting the assurance of business and public specialists and populations. ICO has been also indicated to develop the overview of General Data Protection Regulation. It is expected to be in more general guidance with detail in respect to the Regulation. It has to produce the draft management based on the agreements and the liabilities within the Regulation. Free assistance for law assignment help are available at SourceEssay.

Business Responsibilities And Obligations Defined By GDPR

The distinction is made by domestic law and GDPR both for compliances by the responsible persons. The obligations are provided to the controller, determining the purpose and types of processing and processor and controller. In the data processing, the status of the controller needs the interest to process data. It is using by signing a contract for the personal data and the data analysis is used for its application with the purpose of further development to make the database for its users. Other side the processor is subject within its knowledge and capacities process upon the instructions of the controller and for the needs of the controller. A relationship is determined by the GDPR between the controller and processor that are arranged with a contract and it also defines the responsibilities, processing types and personal data that are contract subjects. Certain obligations are required to shift and are not foreseen by GDPR to the processor (BROWN, 2012). The controller is not able to get rid of its obligations and takes the responsibility of choosing the processor.

Conclusion

The paper has described all the required laws of privacy related to data protection for the business organisation in the UK. The influence of GDPR based on the design of the organisations with different elements. The principles of GDPR should be incorporated by the formal organisational documents and the procedures or the job description also. GDPR requires a new software design with new research filed to open. GDPR is one step ahead to bring the attention to safeguarding the personal data in the public sector (Schuette and Nørbjerg). It is introduced with a number of significant changes. The restrictions are there so the carefulness is required before the application of all the general rules. The European DPA is up to date and protects the individual privacy in the living modern digital world of today. The institutions of EU have made the good promises that remove the breaching and provide a strict privacy protection for the individuals. It means the privacy rules are changes and the organisations deal with the information related to the individuals with the need to adapt.

References

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Custers, B., Sears, A.M., Dechesne, F., Georgieva, I., Tani, T. and van der Hof, S., 2019. EU personal data protection in policy and practice. TMC Asser Press.

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