The following Information Law practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). This Practice Note is for background information only and is not maintained.
Changes as a result of the General Data Protection Regulation
The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) (applicable from 25 May 2018) introduces substantial amendments to EU and UK data protection law and replaces the DPA 1998 and Directive 95/46/EC (the Data Protection Directive) from that date.
For further information, see Practice Notes: The General Data Protection Regulation (GDPR) and Rights of data subjects.
A data subject is a living individual who is the subject of personal data, ie data from which he can be identified. For key definitions under the DPA 1998, see Practice Note: Key definitions under the DPA 1998.
For a comprehensive introduction to the GDPR, collating key practical guidance, see: Data protection toolkit.
An individual has a right to be informed by a data controller if they are processing personal data relating to the individual. If so, they are entitled to request (subject access request):
a description of the data
to be informed the purposes for which the data are being processed and to whom it has been or may be disclosed
to receive, in an intelligible
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