The Data Protection Act 2018 is complex, containing several distinct but related elements including safeguards and exemptions to support the GDPR, data protection rules for law enforcement bodies and even setting up a data protection framework for the intelligence services. This session will clearly explain how the DPA and GDPR work together and then highlight the crucial things you need to know about its major parts.
Special Categories and Criminal Data
GDPR gives certain classes of data like health and sex life a special status – technically, there is a prohibition on processing them, but practically there are a series of exemptions to allow such data to be used. Consent only works in specific circumstances, and often controllers must consult the Data Protection Act 2018 to justify the processing of data. How do you share criminal records for safeguarding? What happens if a person’s health data is relevant to a police investigation? All these questions and more will be answered on this practical, plain-English session.
Data Protection Exemptions
The GDPR allows for exemptions, enabling controllers to drop certain requirements when they conflict with other important issues like criminal investigations. The Data Protection Act 2018 contains all the important exemptions, effectively creating the circumstances where data can be reused outside the parameters of the original purpose for gathering it, used without transparency or withheld from subject access. This course covers how the exemptions work, what areas they cover, and includes insights from a recent unsuccessful challenge to the immigration exemption.
Data Protection and Law Enforcement
One of the complications when GDPR came into force was the fact that law enforcement purposes are exempt, and individual countries need to adhere to a separate law enforcement directive. Despite Brexit, the split remains, so police and other law enforcement bodies have to follow part 3 of the Data Protection Act 2018. While superficially similar, there are some significant differences, particularly around transparency, rights and accuracy. Respecting the GDPR isn’t enough, and this course highlights the areas where law enforcement bodies need to pay close attention, with practical advice delivered to your desk (wherever your desk is)