GDPR – The Right To Be Forgotten

In light of recent headlines purporting our ‘Right to be Forgotten’ is newly enshrined in the General Data Protection regulation (GDPR) I thought I’d take a closer look. The ‘right to be forgotten’ actually has its roots in the 1995 Data Protection Directive: Article 12 Right of access Member States shall guarantee every data subject the right to obtain from the controller: (b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data; This Article (among others) was Read More

GDPR – Profiling – A Quick Overview

Although the 1995 Data Protection Directive included the right for people not to be subject to decisions based solely on automatic processing of data, the term “Profiling” was not legally defined. “Profiling” makes an appearance twenty three times in the new General Data Protection Regulation (GDPR) and its importance is no doubt a response to the advances in Big Data Predictive Analysis. Article 4 defines “profiling” thusly: (4) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict Read More

#GDPR – You have two years to comply

After four years of discussions – and no doubt many head-desk moments – the Official Journal of the European Union has published the General Data Protection Regulation (GDPR). This replaces the 1995 Data Protection Directive. The distinction between “Regulation” and “Directive” is an important one. The previous directive was just that – a document to direct EU member states in the formation of national legislation pertaining to data protection. The regulation differs in that it is directly applicable to all member states without the need for legislation on a national level. Although there remains a small degree of latitude on certain matters for individual states, Read More