In the UK, GDPR will replace the Data Protection Act 1998, which was brought into law as a way to implement the 1995 EU Data Protection Directive. GDPR seeks to give people more control over how organisations use their data, and introduced hefty penalties for organisations that fail to comply with the rules. It also ensures data protection law is almost identical across the EU.
At the moment, the Data Protection Act 1998 (“DPA 1998”) applies to the way schools and trusts handle personal data. Most schools and trusts will be familiar with the general requirements of the DPA 1998, for example, the circumstances when they can disclose personal data and what to do if a person submits a subject access request.
From May 2018, the DPA 1998 will be replaced by the General Data Protection Regulation which is often referred to as the “GDPR”. Although many of the principles remain the same as the DPA 1998, there are some important changes which affect the way we process data.
In general terms, the GDPR places more emphasis on transparency, accountability and record keeping.