DPA or GDPR

[raj1977]

If a freedom of information request, for personal data comes in a week before the start of the GDPR in May, what legislation covers the request? DPA or GDPR?

 

[Mike Etherington]

Well if GDPR date is May 25 presumably the previous one!

 

[cjd]

Why do you think it matters?

 

[tony84]

Because you can charge a tenner if before?

Would it not depend on when it gets worked rather than when it gets received?

 

[cjd]

He's worried about £10?

 

[tony84]

No idea. I know when I started out though every penny counted.

 

[raj1977]

Actually, it more about compensation awards. GDPR compensation far outweighs dpa comp awards!

 

[cjd]

Well, in any case you can only break the rule that is in force at the time which would be the DPA.

 

[ukbf0001]

The UK Govt are bringing in the DPB - Data Protection Bill. The DPB goes much further than GDPR.
The Govt have done this so that post Brexit the EU will accept that if you are DPB compliant then you will be defacto GDPR compliant.
Im not sure of the DPB timescales though - Im guessing over the next few years once the Brexit dust has settled

 

[Alan]

From the ICO
"The GDPR has direct effect across all EU member states and has already been passed. This means organisations will still have to comply with this regulation and we will still have to look to the GDPR for most legal obligations. However, the GDPR gives member states limited opportunities to make provisions for how it applies in their country. One element of the DP Bill is the details of these. It is therefore important the GDPR and the Bill are read side by side."

 

[Brandspeak]

DPA will be in force until the GDPR comes into effect.