What is the GDPR?

Data protection legislation controls how your personal information is used by organisations, including businesses and government departments.

In the UK, data protection is governed by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’ unless an exemption applies. There is a guide to the data protection exemptions on the Information Commissioner’s Office (ICO) website.

Anyone responsible for using personal data must make sure the information is:

  • used fairly, lawfully and transparently
  • used for specified, explicit purposes
  • used in a way that is adequate, relevant and limited to only what is necessary
  • accurate and, where necessary, kept up to date
  • kept for no longer than is necessary
  • handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

What and who does the GDPR cover?

  • Personal data relating to a “natural person” i.e. a living individual (Article 1)
  • Organisations that are based in the European Union (EU) who control or process personal data (Article 3)
  • Organisations processing the personal data of data subjects living in the EU (Article 3)

The GDPR applies to organisations outside of the EU who process EU citizen’s data, and organisations inside the EU who process non-EU citizen’s data.

Key Definitions

Data Controller

‘Controller’ means the natural or legal persons, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State Law (Article 4, Clause 7)

This means that an organisation that decides the ‘How’ and ‘Why” personal data is processed is the Data Controller.

Data Processor

‘Processor’ means the natural or legal person, public authority, agency or other body which processes the personal data on behalf of the Data Controller (Article 4, Clause 8)

The terms ‘processing’ relates to anything that is done to personal data, including analysing, collecting or storing the personal data.

Personal Data

“Personal Data” means any information relating to an identified or identifiable natural person: An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physiological, genetic, mental economic, cultural or social identity of that natural person. (Article 4, Clause 1)

The term “personal data’ now specifically includes health, biometric and genetic data.

Data Subject

“Data Subject” is a natural person whose personal data is processed by a controller or processor.

A data subject must be a living person.

Consent

Consent means any freely given, specific, informed and unambiguous indication of the data subjects wishes by which he or she, by a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. (Article 4, Clause 11)

Consent under the GDPR only relates to the processing of personal data. It does not include consent relating to medical treatment or intervention. Consent is not always required in order to process data. However the rules around what you do with personal data become much stricter when you rely only on consent as the lawful basis for doing the processing.

Special Category Data

There is stronger legal protection for more sensitive information, such as:

  • race
  • ethnic background
  • political opinions
  • religious beliefs
  • trade union membership
  • genetics
  • biometrics (where used for identification)
  • health
  • sex life or orientation

There are separate safeguards for personal data relating to criminal convictions and offences.

Data Protection Officer (DPO)

The DPO’s minimum tasks are defined in Part 3, Chapter 4 of the Act:

  • to inform and advise the controller, its employees, and any associated processors about their obligations to comply with the UK GDPR and other relevant data protection laws such as Part 3 of the Act;
  • to monitor compliance with data protection laws, including managing internal data protection activities, advise on data protection impact assessments; train staff and conduct internal audits; and
  • to be the first point of contact for the Information Commissioner and for individuals whose data is processed (employees, customers etc).

Every public authority (including NHS Hospitals, schools, Councils, Police and Fire Services) must appoint a DPO (Article 37). Health care data is included in the special category of data described in Article 9, so those organisations such as GP Practices, which process large volumes of special category data, must also appoint a DPO.

For further enquires please contact DPO Officer.

Key Roles

Data Protection Officer - Sarah Stell (sarah.stell@nhs.net)

Head of Data Security and Protection University Hospitals of Northamptonshire (UHN) - Sally Berrill (sally.berrill@nhs.net)

Senior Information Risk Owner (SIRO) - Will Monaghan (w.monaghan1@nhs.net)

Caldicott Guardian and Medical Director - Hemant Nemade (hnemade@nhs.net)