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The crucial thing about what constitutes personal data is that it allows a person to be identified – pseudonymised data can still fall under the definition of personal data. This personal data includes information about racial or ethic origin, political opinions, religious beliefs, membership of trade unions, genetic and biometric data, health information and data around a person's sex life or orientation. Under GDPR there's also a few special categories of sensitive personal data that are given greater protections. This can be something obvious, such as a person's name, location data, or a clear online username, or it can be something that may be less instantly apparent: IP addresses and cookie identifiers can be considered as personal data. Broadly this is information that allows a living person to be directly, or indirectly, identified from data that's available. Who does GDPR apply to?Īt the heart of GDPR is personal data. The strength of GDPR has seen it lauded as a progressive approach to how people's personal data should be handled and comparisons have been made with the subsequent California Consumer Privacy Act. Within the UK this flexibility led to the creation of the Data Protection Act (2018), which superseded the previous 1998 Data Protection Act. Countries within Europe were given the ability to make their own small changes to suit their own needs.
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The underpinning regulation and directive were published at the end of that month. The GDPR's final form came about after more than four years of discussion and negotiations – it was adopted by both the European Parliament and European Council in April 2016.
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The regulation exists as a framework for laws across the continent and replaced the previous 1995 data protection directive.