Data Protection Act 2018

Data Protection Act 2018

According to GOV.UK there are several principles of the Data Protection Act:
  1. used fairly, lawfully and transparently
  2. used for specified, explicit purposes
  3. used in a way that is adequate, relevant and limited to only what is necessary
  4. accurate and, where necessary, kept up to date
  5. kept for no longer than is necessary
  6. handled in a way that ensures appropriate security, including protection against unlawful or unauthorized processing, access, loss, destruction or damage
The penalties for breaking the Data Protection Act and being a naughty boy include:
  1. Up to £10 million or 2% of annual global turnover, whichever is greater
  2. Up to £20 million or 4% of annual global turnover, whichever is greater
A data subject references any living individual whose personal data is collected, stored, or processed by an organisation.

The rights a data subject has include:
  • Right to Access
  • Right to Rectification
  • Right to Erasure
  • Right to Data Portability
  • Right to Object

GDPR

GDPR - Legislation core principles

  • Lawfulness, fairness and transparency
  • Purpose limitation
  • Data minimization
  • Accuracy
  • Storage Limitation
  • Integrity and confidentiality
  • Accountability and Data security

ECHR (European Convention on Human Rights)

Electronic communications privacy act 1986 (USA) - protects electronic communications from unauthorised access, interception and disclosure. It regulates how law enforcement, the government and private entities can access electronic communications.  

Controlling the assault of non-solicited pornography and marketing act 2003 (USA) - it's a set of rules for commercial email communications that aims to protect customers from spam and misleading email marketing while allowing businesses to use emails responsibility. For example, if a business wants to put “from” and “to” it must be accurate and the subject of the email must reflect the actual content of the email.  

  1. ECHR is the European court of human rights.  
  2. Article 8 of the ECHR protects the right to respect your private life, family life, your home and correspondence.  
  3. An expectation of the ECHR is that your private life is not interfered with and respected by a business pr organisation.  
  4. The ECPA protects the wire, oral and electronic communications. 
  5. Under the CAN-SPAM- act. Emails must be about the subject named, and if it states “to” and “from”, they must be accurate to who is being addressed.  

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