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Data Protection: A Guide to Compliance

In an effort to ensure that personal data is protected and processed in accordance with the Data Protection Act 2017, the Office of the Commissioner has outlined several key requirements.

DPIA/PIA Reviews

The Introductory Guide recommends conducting a continuous review of existing processing activities every three years or more frequently if there are significant changes to the data processing operations. This review is essential to ensure that personal data is being processed in accordance with the Act and other relevant laws.

Data Protection Officer (DPO) Appointment

In line with the Act, all controllers and processors must appoint a DPO who will be responsible for ensuring compliance with data protection regulations. The DPO must act independently and impartially, and their role includes informing and advising controllers and processors on their obligations under the Act.

Controller and Processor Contracts

When a controller uses the services of a processor, they must enter into a written agreement that outlines the processor’s obligations to protect personal data. This agreement must ensure that the processor acts only on instructions given by the controller and provides sufficient security measures to prevent unauthorized access or accidental loss of data.

Data Subject Rights

Individuals have several rights under the Act, including:

  • The right to be informed about how their personal data is being processed
  • The right to access their personal data
  • The right to rectify inaccurate personal data
  • The right to erasure of personal data in certain circumstances
  • The right to object to the processing of personal data
  • The right to restrict processing

Special Categories of Personal Data

The Act places special restrictions on the processing of sensitive personal data, such as health information or biometric data. This type of data can only be processed with the explicit consent of the data subject or in specific circumstances, such as for medical diagnosis or to protect vital interests.

Children’s Data

When processing personal data related to children under the age of 16, controllers must obtain prior consent from the child’s parent or guardian and make reasonable efforts to verify that consent has been given.

Data Storage and Retention

Controllers are required to keep personal data for a specific period of time, which may vary depending on the purpose of processing. This information must be provided to the data subject upon request.

By understanding these requirements and guidelines, organizations can ensure that they are in compliance with the Data Protection Act 2017 and protect the personal data of individuals under their care.