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Data Protection & Freedom of Information/key card

Key Points

  • Please see our summary GDPR card here
  • The Data Protection Act 2018 (“DPA 2018”) establishes a framework of rights and duties which are designed to safeguard personal data. It implements the General Data Protection Regulation and repeals and replaces the Data Protection Act 1998. The GDPR and the DPA 2018 should be read side by side
  • The General Data Protection Regulation is retained in the UK as legislation at the end of the Brexit transition period, but the UK has the independence to keep the framework under review.
  • The Information Commissioner has issued guidance to employers on the DPA 2018
  • Under the DPA 2018 there are stricter rules around processing of personal data and special categories of personal data
  • There are stricter rules about the giving of consent and the ICO has published guidance on this, which should be read together with its guide to the GDPR
  • Employers need to consider carefully their policies around retaining employment records
  • This card gives an overview of the main obligations and principles under the DPA 2018 and the GDPR, the main terms used within the DPA 2018 and data subject rights
  • The related cards deal with these matters in more detail



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