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Data definition

What does Data mean? In legal practice, data describes information recorded in any form—especially electronically stored information (ESI)—organised or capable of being organised for a particular purpose, and capable of being processed or transmitted. It covers structured and unstructured material such as database entries, spreadsheets, emails and messaging content, documents, images, audio/video, metadata, system logs, backups and cloud-stored content. Data is not defined in the Civil Procedure Rules of England and Wales (nor generally in equivalent court rules), which instead use the broad concept of a document as anything in which information is recorded, encompassing electronic data and metadata. Statutes define data contextually: UK GDPR...

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UK DPA 2018 and GDPR: general processing, lawful bases, special category and criminal data, exemptions, ICO powers, enforcement and fees—position before 31 December 2020 (archived)

Practice notes
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ARCHIVED:

This archived Practice Note outlines the data protection Act 2018 (dpa 2018) as it applied before 11 pm on 31 December 2020. From that date, it is provided for background only and is not maintained. For guidance on the DPA 2018 from that date, see Practice Note: The Data Protection Act 2018 and the UK GDPR.

Brexit:

On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which EU law continued to apply until 11 pm on 31 December 2020. During this period, the GDPR applied in the UK and the UK was generally treated as an EU (and EEA) state for EEA and UK data protection law purposes. Any references to EEA or EU states in this Practice Note should therefore be read as also including the UK until the end of the implementation period. For further guidance on that period, its duration and its impact on data protection laws, see Practice Note: Brexit—implications for data protection [Archived].

The Data Protection Act 2018 (DPA 2018) introduces four distinct data protection regimes into UK data protection law. It covers the processing of...

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