Data Protection Glossary

11 Aug 2017 updated 20 June 2018




Applied GDPR
The GDPR as applied by Chapter 3 of Part 2 of the Data Protection Act 2018.
binding corporate rules
Personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity
biometric data
Personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.
consent
Any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
controller
Any 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.
cross-border processing
Either
(a) processing of personal data which takes place in the context of the activities of establishments in more than one EU Member State of a controller or processor in the EU where the controller or processor is established in more than one EU Member State; or
(b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the EU  but which substantially affects or is likely to substantially affect data subjects in more than one Member State (cf TBDF or transborder data flow).
dactyloscopic data
fingerprints
data concerning health
Personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status
data processing principles
The principles by which personal data may lawfully be processed as set out in art 6 (1) of the GDPR:
(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
An Act to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the Information Commissioner’s functions under certain regulations relating to information; to make provision for a direct marketing code of practice; and for connected purposes
Data Protection Commissioner
The official charged with the operation of the 1998 Act. The official's title was changed to Information Commissioner by s.18 (1) of the Freedom of Information Act 2000.
Data Protection Convention
Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data signed at Strasbourg on 28 Jan 1981 (European Treaty Series 108)
Data Protection Directive
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Repealed by art 95 of the GDPR with effect from 25 May 2018.
Data Protection Law Enforcement Directive
Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA
Data Protection Registrar
The official charged with the operation of the 1984 Act.
data subject
An identified or identifiable natural person
enterprise
Any natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.
filing system
Any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;
GDPR
General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
genetic data
Personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
group of undertakings
A controlling undertaking and its controlled undertakings;
ICO
Information Commissioner’s Office, the supervisory authority for the UK.
Identifiable natural person
A natural person 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 person.
information society service
Any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of service within the meaning of art 1 (1) (b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification).
international organization
Any organization and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries
main establishment as regards a controller with establishments in more than one EU Member State
The place of the controller’s central administration in the EU, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the EU and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
main establishment as regards a processor with establishments in more than one EU Member State
The place of the processor’s central administration in the EU, or, if the processor has no central administration in the EU, the establishment of the processor in the EU where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under the GDPR;
OECD Guidelines
personal data
Any information relating to an identified or identifiable natural person.
personal data breach
Any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed
processing
Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
processor
Any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
profiling
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 aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
pseudonymisation
Processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
recipient
Any natural or legal person, public authority, agency or another body, to whom or to which personal data are disclosed,whether a third party or not,  other than a public authority that lawfully receives such data in accordance with EU or national law for a legitimate purpose.
relevant and reasoned objection
An objection to a draft decision as to whether there is an infringement of the GDPR, or whether envisaged action in relation to the controller or processor complies with the GDPR, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the EU;
representative
Any natural or legal person established in the EU who, designated by the controller or processor in writing pursuant to art 27 of the GDPR, represents the controller or processor with regard to their respective obligations under that regulation;
restriction of processing
Marking stored personal data with the aim of limiting the processing of such data in the future;
supervisory authority
An independent public authority which is established by a Member State pursuant to art 51 GDPR.
supervisory authority concerned
A supervisory authority which is concerned by the processing of personal data because:
(a) the controller or processor is established on the territory of the EU Member State of that supervisory authority;
(b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
(c)  a complaint has been lodged with that supervisory authority.
TBDF
Transborder data flow, the transfer of data from one country to another
the 1984 Act
The 1998 Act
The Data Protection Act 1998 (1998 c 29) repealed by s.211 (1) (a) and para 44 of Sched. 19 of the Data Protection Act 2018.
third party
Any natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.