Data security and data security breaches (DPA 1998 and PECR) | Practical Law

Data security and data security breaches (DPA 1998 and PECR) | Practical Law

An outline of the issues to be considered in complying with the seventh data protection principle, which requires an organisation to have appropriate technical and organisational measures in place to prevent personal data being damaged, lost or stolen.

Data security and data security breaches (DPA 1998 and PECR)

Practical Law UK Practice Note 5-524-2341 (Approx. 27 pages)

Data security and data security breaches (DPA 1998 and PECR)

by Practical Law Data Protection (based on an original note by DLA Piper)
Law stated as at 09 Feb 2018 • United Kingdom
An outline of the issues to be considered in complying with the seventh data protection principle, which requires an organisation to have appropriate technical and organisational measures in place to prevent personal data being damaged, lost or stolen.
Note: With effect from 9 February 2018, this resource is no longer being maintained. From 25 May 2018, the EU General Data Protection Regulation ((EU) 2016/679) (GDPR) replaced the current regime established by the Data Protection Act 1998. It is supplemented by the Data Protection Act 2018. For legal developments between 9 February 2018 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see Data security and GDPR and data protection reform.
The European Commission is reviewing a related piece of legislation, the E-Privacy Directive (2002/58/EC), implemented in the UK by the Privacy and Electronic Communications Regulations (2003/2426) (as amended) (PECR). Their replacement, the draft E-Privacy Regulation (COM (2017) 10 final) (draft ePR), was not agreed in time to align with the GDPR on 25 May (see Legal update, Government confirms delay to draft E-Privacy Regulation). The Information Commissioner has confirmed that PECR (with GDPR standard of consent) will continue to apply until the draft ePR is finalised. We are updating our direct marketing, cookie and other related resources to reflect this. For further information see E-Privacy Regulation tracker. For further information and ICO guidance, see Practice note, Overview of GDPR: UK perspective: Direct marketing and draft E-Privacy Regulation.