GDPR - being aware of any exemptions or adjustments
- AuthorTracey Dickens
While the GDPR will be directly applicable in all EU members states with effect from 25 May 2018, a new Data Protection Bill announced in the Queen’s Speech has started its route through parliament.
The Bill will replace the Data Protection Act 1998 (DPA) and provide "a comprehensive and modern framework for data protection in the UK, with stronger sanctions for malpractice". Until the UK leaves the EU, the Bill will supplement the GDPR by exercising certain adjustments.
When the UK leaves the EU, the Bill will allow for the continued application of GDPR standards by incorporating it in to UK domestic law, along with all other European laws to be adopted. The aim is to demonstrate that the UK is an adequate jurisdiction for EU data and so achieve uninterrupted data flows once the UK has left the EU.
The main adjustments proposed by the new Bill allow the processing of special categories of personal data and criminal conviction data in the absence of consent where justification exists. These special categories include allowing:
- employers to fulfil employment law obligations
- financial services firms to process data where there is a suspicion of money laundering or terrorist financing
- processing to identify or eliminate doping in professional sports
- exposure of wrongdoing by journalists so as to retain freedom of speech
The key is to continue preparing for the GDPR, but being aware of any exemptions or adjustments that the new Bill may provide.
The EU General Data Protection Regulation (GDPR) is the most important change in data privacy regulation in 20 years – it is going to take time to prepare and you are better off starting early. We can help you call Tracey Dickens on 01206 217326.