What is Personal Information and How to Capture and Manage It?
In 2018 the European Union introduced the Global Data Protection Regulation (GDPR). This Regulation, for the first time, provided a set of standardised data protection laws across all member countries that would allow all individuals to understand how their Personal Information was being used, and that it was being used and managed in an acceptable manner. It also made, for the first time, all organisations accountable for their actions with regard to the handling of personal information. It did this by codifying what was allowed, and by introducing substantial sanctions if an organisation did not comply. On the 23rd May, 2018, the 2018 Data Protection Act received its Royal Assent and was incorporated into UK law. This act included, in its entirety, all the provisions of the EU GDPR.
What is Personal Information?
Personal Information is any information that can be used to identify a ‘natural’ person, or someone who is currently alive. At the basic level the information is split into the two categories of non-sensitive and sensitive. Non-sensitive information, whilst relating to the individual, will not necessarily allow them to be definitively identified, whilst sensitive information does allow for this definitive identification. Therefore, non-sensitive data includes items that are shared by more than one individual, such as:
- Date of birth
- Post code
- Gender
- Place of birth
Whereas Sensitive data are items that are essentially unique to the individual, such as:
- Passport of driving licence number
- Full name
- Mailing address
- Credit card information
The capture, processing, and storage, of any of this information is governed by 7 over-arching principles that define the framework upon which the Act is based, these are laid out in the Act, and are, the:
- Capture and processing of personal information must be lawful and fair
- Purpose for which the information is captured and processed must be limited and transparent to the individual at the time it is captured
- Amount of information that is captured must be minimised, such that it is only that needed for the stated purpose
- Captured and processed information must be accurate
- Storage and processing of the captured information must only be undertaken for a defined period of time, after this period the information must be destroyed
- Organisation that is processing the information must ensure that it is appropriately managed to ensure its Confidentiality, Integrity and Availability, ie its security
- Organisation capturing, processing or storing this information will be held accountable for conforming to these principles.
So, What are the Rules for Capturing and Processing Personal Information?
To lawfully capture and process personal data the Act requires that one of following 6 criteria are satisfied:
- If the individual, otherwise known as the Data Subject, freely Consents to the capture and processing of the information and that this consent is separate from any other terms and conditions; or
- The capture is undertaken as part of a Lawful Contract with the individual that defines the information that will be captured and processed, and the reason for this; or
- There is a Legal Obligation for the organisation to capture this data; or
- To protect the Vital Interest of the data subject, or another individual; or
- Whilst undertaking a task in the Public Interest; or
- For the purpose of Legitimate Interest by the organisation controlling the information.
Most of the personal information that is captured by an organisation will satisfy one of the first three of these principles as that is what most organisations deal with in their day to day operations, and the delivery of their services. The remaining principles are primarily to satisfy the needs of the legal process, or national interest.
On a few occasions additional safeguards have been introduced for information that can be highly sensitive, and potentially damaging, to the individual if used incorrectly. This sub-set of personal information has been defined as Special Category data and has been accorded additional safeguards.
What are these Special Categories of Personal Information? and What extra Conditions Apply?
The Act defines several items of personal information that are seen as being of enhanced sensitivity, and that therefore require extra safeguards to be in place around their capture and usage. These Special Categories of Data are identified as, data revealing:
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Trade Union membership
- Genetic data
- Biometric data for the purpose of identifying a person
- Data concerning health
- Data concerning a person’s sex or sexual orientation
- Data relating to criminal offences
If data in these categories are necessary, and therefore need to be captured, a more rigorous set of criteria for their capture and processing must be met. These enhanced conditions are that the information is:
- Obtained with Explicit Consent from the individual, generally meaning that some form of personal contact and explanation for the use must be undertaken rather than an electronic affirmation
- To Fulfil Obligations under employment, social security or social protection law, or a collective agreement
- By a Not-for-Profit body with political, philosophical, religious or trade Union aims with relation to past of current members.
- Data Made Public by the Data Subject
- In conjunction with eh Defence of a Legal claim
- Substantial Public Interest around European Union or Member State Law
- In conjunction with preventative or occupational medicine and the provision of Health or Social Care Systems
- Public interest in the area of Public Health
- Archiving purposes in the Public Interest, scientific or historical research purposes
As has been mentioned above most businesses will, in the main, use the more general range of personal information as only in specific instances will the use of information in the Special Category be required. Even where this is found to be the case, the use of Explicit Consent should be adequate to satisfy the needs of the Act. If this is not the case it is probably worth asking whether it is really necessary to capture and process this information in the first place.
All businesses capture and process some degree of personal information, even if it is only that relating to your employees. Therefore, it is imperative that all business managers make themselves aware of their responsibilities under the Data Protection Act. If you would like some advice in identifying the Personal Information that you hold, or guidance in ensuring that you are capturing and processing this information in line with the Act please contact us at info@evolve-ec.com and we would be delighted to talk to you about this or any related matter.
