The General Data Protection Regulation (GDPR) applies from 25 May 2018. It has general application to the processing of personal data in the European Union, setting out more extensive obligations on data controllers and processors, and providing strengthened protections for data subjects. The regulation was transposed or adopted in law in this jurisdiction by the Data Protection Act 2018 (The 2018 Act).

The GDPR, along with The 2018 Act, controls how entities use your personal data.

Personal data is defined in the Act as any information relating to a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, and online identifier or two one or more factors specific to the physical, psychological, add genetic, mental, economic, cultural or social identity of that person.

If someone can be identified from the information a data controller holds on them, it is personal data. For instances a name, address, PPS number or other personal information is personal data and personal data must be controlled and processed in a particular manner.

All entities (companies, business, government bodies or organisation) that collect, process, and store your information or your personal data are known as a data controller and data controllers must control, process and store your information or your personal data in compliance with the 2018 Act.

When one gives personal data to any entity they have a duty to keep those details factually correct, private and safe and this process is known as Data Protection: A data controller or processor of data must ensure that they:

• Process data lawfully, fairly and transparently
• Collect data for specified or stated and legitimate purpose
• Do not keep data longer than is necessary
• Processed data with integrity and confidentiality
  

In circumstances where a controller or processor of data has breached your right(s) pursuant to the 2018 Act you have a right to compensation.

If you feel or believe that your personal information has been collected, processed or store incorrectly, please contact Killeen Solicitors LLP as soon as possible to discuss. Our expert team is in a position to advise you on whether your rights have been infringed and whether you have a claim for compensation for that breach.