Data Protection Bill [HL]

Explanatory Notes

Annex A – Glossary

Affirmative procedure

Statutory instruments that are subject to the "affirmative procedure" must be approved by both the House of Commons and House of Lords to become law.

Article 29 working party

The group of expert persons who advise member states on data protection. The group was established under Article 29 of European Data Protection Directive (Directive 95/46/EC) and is made up of a representative from the data protection authority of each Member State, the European Data Protection Supervisor and the European Commission. The Commissioner is the UK’s representative on the working party.

Convention 108

Council of Europe Convention for the protection of Individuals with regard to Automatic Processing of Personal Data.

Data controller

A "data controller" is responsible for complying with data protection law. They are defined in Article 4 of the GDPR as the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Data processor

A ‘data processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

DPIA

Data protection impact assessment

DPO

Data Protection Officer

ECHR

European Convention on Human Rights

EU

European Union

EEA

European Economic Area

GDPR

General Data Protection Regulation

LED

Law Enforcement Directive

ICO

Information Commissioner’s Office

Negative procedure

Statutory instruments that are subject to the "negative procedure" automatically become law unless there is an objection from the House of Commons or House of Lords.

Personal data

"Personal data" is defined in Article 4 of the GDPR as any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing data

"Processing" includes obtaining, recording, holding, using, disclosing or erasing data.

TFEU

Treaty on the Functioning of the European Union

The 1998 Act

Data Protection Act 1998

The 2014 Regulations

Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (SI 2014/3141)

The 2000 Act

Freedom of Information Act 2000

The 2016 Act

Investigatory Powers Act 2016

The Commissioner

The Information Commissioner

 

Prepared 13th September 2017