The Data Protection Act 2018 | Kangs Data Protection Solicitors
The UK Data Protection Bill received Royal Assent on 23 May 2018 with the main provisions coming into force on 25 May 2018.
Amongst other matters dealt with are issues of national security and, in so doing, it transposes the EU Law Enforcement Directive.
Information Commissioner, Elizabeth Denham, writes in her blog:
‘The legislation requires increased transparency and accountability from organisations, and stronger rules to protect against theft and loss of data with serious sanctions and fines for those that deliberately or negligently misuse data.’
New Criminal Offence Created
A new criminal offence covers the situation where any anonymised data is, knowingly or recklessly, used to re-identify information that has become de-identified personal data.
Section 170 provides:
(1)It is an offence for a person knowingly or recklessly—
(a) to obtain or disclose personal data without the consent of the controller,
(b) to procure the disclosure of personal data to another person without the consent of the controller, or
(c) after obtaining personal data, to retain it without the consent of the person who was the controller in relation to the personal data when it was obtained.
How Can We Help?
The Information Commissioners Office (‘the ICO’) has been afforded more effective powers of entry and inspection and Courts are able to issue warrants for entry, inspection and seizure.
The ICO, following seizure, may seek to retain any seized ‘data’ for as long as it deems necessary.
Who Can I Contact For Help?
Please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance:
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
