IANAL, but this is my understanding of it (and hopefully someone can correct me if I'm wrong)...
The GDPR is law in the UK and applies from 25 May 2018. It contains a number of provisions where discretion is left to Member States to legislate for derogations from certain articles within the GDPR, and where Member State law is required to allow for a legal basis (e.g. tasks carried out in the public interest).
The DP Bill (soon to be DPA) 2018 contains these derogations, and also sets out the legal basis for provisions such as 'tasks carried out in the public interest'. It also brings the Law Enforcement Directive into UK law, sets out the powers of the ICO and applies GDPR-like provisions to areas of data processing that aren't covered by the GDPR (such as unstructured personal data processed by public authorities and the intelligence services). It does not replace the GDPR or bring the GDPR into UK law, but instead should be read alongside the GDPR.
After Brexit, the EU Withdrawal Act will bring GDPR into UK law as of the day we formally leave the EU.
At some point in the future, the government will probably seek to amend our data protection law again, and replace the GDPR. Until then, the GDPR will be law in the UK.
I hope this helps.
Regards,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
www.perfect-image.co.uk
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Harrison Timothy (Staff)
Sent: 04 May 2018 11:03
To: [log in to unmask]
Subject: [data-protection] DPA 2018
This is probably a really stupid question but I am getting really confused over the relationship between the GDPR and the DPA (2018). From what I understood, the DPA (2018) is the UK implementation of the European GDPR. If so, is the GDPR also part of UK law or does it exist as a temporary piece of legislation?
Tim
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