KS5H019/H119 F200 TA4 28 min read 10 question quiz 21 exam marks

F200 TA4: Legal Considerations

The UK GDPR and the Data Protection Act 2018 applied to real analytics work, plus the other legislation an analyst has to know by name.

The UK GDPR and the Data Protection Act 2018

The Data Protection Act 2018 implements the UK GDPR. Together they govern the processing of personal data, which is any information relating to an identified or identifiable living person.

Special category data

Data needing extra protection: racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic and biometric data, health, sex life and sexual orientation. Processing it needs a condition beyond the usual lawful basis, and in analytics it is the category that most often forces a project to be redesigned.

The seven principles

PrincipleWhat it requires
Lawfulness, fairness and transparencyA lawful basis, no deception, and people told what you do
Purpose limitationCollected for a stated purpose, not quietly reused for another
Data minimisationOnly what is adequate and necessary for that purpose
AccuracyKept correct and up to date, with errors corrected
Storage limitationKept no longer than necessary, with a retention schedule
Integrity and confidentialityKept secure against loss, damage and unauthorised access
AccountabilityYou can demonstrate compliance, not merely claim it

The six lawful bases

Consent, contract, legal obligation, vital interests, public task, and legitimate interests. Consent must be freely given, specific, informed and as easy to withdraw as to give; a pre-ticked box is not consent. Most analytics on existing customer data relies on legitimate interests, which requires a documented balancing test weighing the organisation's interest against the individual's rights.

Individual rights

RightWhat it means in practice
AccessA subject access request, answered within one month
RectificationInaccurate data corrected
ErasureThe right to be forgotten, where no overriding reason to keep it applies
RestrictionProcessing paused while a dispute is resolved
PortabilityTheir data provided in a structured, machine readable format
ObjectIncluding an absolute right to object to direct marketing
Automated decisionsNot to be subject to a solely automated decision with legal or similarly significant effects, without safeguards

Accountability in practice

A record of processing activities, a privacy notice, a Data Protection Impact Assessment for high risk processing, a Data Protection Officer where required, processor contracts, staff training, and breach reporting to the ICO within 72 hours where there is a risk to individuals, plus notification to the individuals themselves where the risk is high.

Pseudonymised is not anonymous

If the data can be linked back to a person using a key you hold, it is still personal data and the whole regime still applies. Only genuinely irreversible anonymisation falls outside it, and that is much harder than deleting the name column.

The UK GDPR principles, lawful bases and rightsThe UK GDPR summarised in three lists. The seven principles, all of which always apply: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability. The six lawful bases, of which exactly one is needed for any processing: consent, contract, legal obligation, vital interests, public task and legitimate interests. The rights of the individual, which must be answered within one month: access, rectification, erasure, restriction of processing, portability, the right to object, and rights relating to solely automated decisions. Two further points sit underneath. Special category data, covering health, racial or ethnic origin, religion, biometrics and sexual orientation, needs an additional condition as well as a lawful basis. And a reportable personal data breach must be notified to the Information Commissioner's Office within seventy two hours; inferred data counts as personal data, because generating an inference is itself processing.The UK GDPR, in the three lists you needSEVEN PRINCIPLESLawfulness, fairness, transp…Purpose limitationData minimisationAccuracyStorage limitationIntegrity and confidentialityAccountabilityevery one applies, alwaysSIX LAWFUL BASESConsentContractLegal obligationVital interestsPublic taskLegitimate interestsyou need exactly oneRIGHTS OF THE INDIVIDUALAccessRectificationErasureRestrictionPortabilityObjectAutomated decisionsanswer within one monthSpecial category data (health, race, religion, biometrics, sexual orientation) needs a condition as well as a basis.A reportable breach goes to the ICO within 72 hours. Inferred data counts: inference is processing.
One lawful basis, seven principles, and a month to answer a request. Those three facts answer most questions.

The other legislation by name

LawWhat it doesWhy an analyst cares
Computer Misuse Act 1990Makes unauthorised access to a computer system an offence, along with unauthorised modification and making or supplying tools for itAccessing a dataset you were not granted access to is an offence even inside your own employer
Freedom of Information Act 2000Gives a right of access to information held by public authoritiesIt is where a great deal of open public data comes from, and it is why public bodies must know what they hold
Copyright, Designs and Patents Act 1988Protects original works, and gives database right over a database whose contents required substantial investmentScraping or republishing somebody else's dataset is an infringement, licence or no licence to view it
Equality Act 2010Prohibits discrimination and requires reasonable adjustmentsA model that disadvantages a protected group can be unlawful discrimination, however it was trained
Consumer Rights Act 2015Governs fairness in consumer contracts and digital contentConstrains what a terms-of-service click can be held to have agreed
Privacy and Electronic Communications RegulationsCovers cookies, tracking and electronic marketingConsent is needed for non-essential cookies and most marketing email

Working with a data processor

If another organisation processes personal data on your behalf, a cloud provider or an analytics vendor, you remain the controller and stay accountable. That relationship needs a written contract specifying the purpose, the security measures, the use of sub-processors, assistance with individual rights, breach notification and what happens to the data at the end.

The Computer Misuse Act applies to employees

"I had the password" is not authorisation. Looking up a relative's record, or querying a database your role does not cover, is unauthorised access, and prosecutions of insiders are routine.

The four Acts that cover computing in the UKFour Acts of UK law that apply to computing. The Computer Misuse Act 1990 covers unauthorised access to a computer, access with intent to commit a further offence, unauthorised changes to data, and making or supplying hacking tools; it is the Act for hacking, malware and using somebody else's login. The Data Protection Act 2018 and UK GDPR govern how organisations handle personal data about living people, requiring it to be used fairly and lawfully, collected for a stated purpose, kept accurate and no longer than needed, kept secure, and made available to the person it is about. The Copyright, Designs and Patents Act 1988 protects original work automatically, including code, music, images and text, for the author's life plus seventy years, and is breached by copying or sharing without permission. The Freedom of Information Act 2000 gives a right to ask public bodies such as councils, schools, the NHS and the police for the information they hold, with a reply due within twenty working days, though personal data is exempt.Which Act covers which offenceComputer Misuse Act 1990Unauthorised access to a computerAccess with intent to commit a crimeUnauthorised changes to dataMaking or supplying hacking toolsHacking, planting malware, usingsomebody else's loginData Protection Act 2018 / UK GDPRData used fairly and lawfullyCollected for a stated purposeKept accurate and no longer than neededKept secure, and the right to see itHow an organisation must handlepersonal data about living peopleCopyright, Designs and Patents Act 1988Protects original work automaticallyCovers code, music, images, textLasts the author's life plus 70 yearsBreached by copying or sharing itPiracy, using an image withouta licence, copying source codeFreedom of Information Act 2000A right to ask public bodies for dataCouncils, schools, the NHS, policeThey must reply within 20 working daysPersonal data is exemptAsking a public body what it holds,not a private company
Step through the four Acts. Most marks are lost by naming the right Act for the wrong offence, so learn these by the offence rather than by the title.

Ethics, retention and destruction

Legal and ethical are not the same question

Something can be lawful and still be the wrong thing to do. The questions worth asking of any analysis:

  • Would the people in this dataset be surprised to learn it was being done?
  • Could the result harm an individual or a group, including by being wrong?
  • Is the data being used for the purpose it was given for?
  • Who is accountable if the output is acted on and turns out to be wrong?
  • Would the organisation be comfortable publishing its method?

Retention

Every dataset needs a documented retention period, derived from the purpose and from any legal minimum: accounting records have statutory retention, CCTV usually a few weeks, marketing contacts a defined period after last engagement. "We keep everything in case it is useful" is a breach of storage limitation, and it is also the single largest source of breach impact, because a breach exposes whatever you still hold.

Secure destruction

  • Deleting a file does not erase the data; the blocks persist until overwritten
  • Durable deletion means secure erase, cryptographic erasure where the key is destroyed, or physical destruction of the medium
  • Backups and archives have to be included, or the data is still there
  • Destruction should be recorded, with what was destroyed, when and by whom

Anonymisation for analysis

TechniqueWhat it doesResidual risk
Removing direct identifiersDrops names, addresses, reference numbersHigh: combinations still identify people
PseudonymisationReplaces identifiers with a key held separatelyReversible by design, so still personal data
AggregationReports groups rather than individualsSmall groups can still disclose
GeneralisationAge bands instead of dates of birthReduces precision of the analysis
SuppressionHides cells below a minimum countCan be defeated by differencing two reports
Noise or differential privacyAdds controlled randomnessTrades accuracy for protection, deliberately

Re-identification is easier than it looks: a date of birth, a postcode and a gender identify most individuals in the UK population. Removing the name is not anonymisation.

Retention periods and what deletion meansTypical retention periods, with the reason for each. CCTV footage is usually kept about 30 days unless it is needed for an incident. Unsuccessful job applications are kept six to twelve months, long enough to answer a discrimination claim. Marketing contacts are kept for a set period after last engagement and removed immediately on request. Customer orders are kept six years, a statutory accounting period. Employee records are kept six years after leaving for tax and employment law. Analytics and logs should be kept only as long as the question requires, and this is the period organisations most often fail to set. Underneath, what deletion has to mean: deleting a file only removes the pointer and the blocks remain until overwritten; secure erase overwrites the data or destroys the key it was encrypted with; backups and archives must be included or the data is still held; and the destruction should be recorded, noting what was destroyed, when, by whom and under which policy. Keeping everything in case it proves useful breaches the storage limitation principle and makes every future breach larger.Every dataset needs an end dateCCTV footageabout 30 daysunless needed for an incidentJob applications, unsuccessful6 to 12 monthsto answer a discrimination claimMarketing contactsa set period after last engagementand removed on request, immediatelyCustomer orders6 yearsa statutory accounting periodEmployee records6 years after leavingtax and employment lawAnalytics and logsas short as the question allowsthis is the one nobody setsWHAT “DELETED” HAS TO MEANDeleting a fileonly removes the pointer; the blocks remain until overwrittenSecure eraseoverwrites, or destroys the key the data was encrypted withBackups and archivesare included, or the data is still thereRecord itwhat was destroyed, when, by whom and under which policy“We keep everything in case it is useful” breaches storage limitation, and makes every future breach larger.
The cheapest way to protect data is not to still have it.
Why deleting the name is not anonymisationThree patient records shown with name, date of birth, postcode, sex and diagnosis. Deleting the name column leaves a table that feels anonymous and is not: date of birth, postcode and sex together identify the large majority of the UK population, so the diagnosis is still attributable to an individual by anyone holding or able to obtain those three ordinary fields. Genuine anonymisation therefore has to reduce precision deliberately. Generalisation replaces the full date of birth with the year and the full postcode with its district. Aggregation reports counts by ward rather than individual records. Suppression hides any cell containing fewer than a minimum number of people. Adding noise, as in differential privacy, introduces measured randomness that protects individuals while preserving overall statistics. Pseudonymisation, replacing the name with a study identifier whose key is held separately, is useful but is not anonymisation at all: the data remains personal data and the whole of data protection law continues to apply to it.Removing the name is not anonymisationGeneralise1987 instead of 14/03/1987; LS6 instead of LS6 2QBAggregatereport counts by ward, not individual recordsSuppresshide any cell with fewer than five people in itAdd noisedifferential privacy: deliberate, measured randomnessPseudonymisea study ID, key held separately — still personal datanamedate of birthpostcodesexdiagnosisA. Shah14/03/1987LS6 2QBFType 2 diabetesL. Okafor02/11/1994LS6 2QBMAsthmaM. Price27/07/1961LS2 9JTFHypertensionName, date of birth, postcode, sex, diagnosisnamedate of birthpostcodesexdiagnosis—14/03/1987LS6 2QBFType 2 diabetes—02/11/1994LS6 2QBMAsthma—27/07/1961LS2 9JTFHypertensionThe name is gone. The record is not anonymous.namedate of birthpostcodesexdiagnosis—14/03/1987LS6 2QBFType 2 diabetes—02/11/1994LS6 2QBMAsthma—27/07/1961LS2 9JTFHypertensionDate of birth + postcode + sex identifies the large majority of the UK population.So you generalise, suppress or add noise — and lose some precision on purpose.
Date of birth, postcode and sex. Three ordinary fields, and almost everybody is identifiable.

Key terms you must be able to define

Personal data
Any information relating to an identified or identifiable living person.
Special category data
Sensitive personal data such as health, biometrics, religion or sexual orientation, needing extra protection.
Data controller
The organisation that decides why and how personal data is processed.
Data processor
An organisation that processes personal data on a controller's behalf.
Lawful basis
One of six legal grounds that makes processing personal data lawful.
Purpose limitation
The principle that data collected for one purpose is not reused for an incompatible one.
Data minimisation
Collecting only the data that is necessary for the stated purpose.
Subject access request
A person's request to see the personal data an organisation holds about them.
DPIA
A Data Protection Impact Assessment, required before high risk processing.
ICO
The Information Commissioner's Office, the UK data protection regulator.
Computer Misuse Act 1990
The law making unauthorised access to computer systems an offence.
Database right
Protection for a database whose contents required substantial investment to assemble.
Retention period
The documented length of time a dataset is kept before secure destruction.
Re-identification
Linking supposedly anonymous data back to the individuals it describes.

Flashcards

Say the definition out loud before you flip the card. Retrieving it from memory is what builds recall, reading it again is not.

DefinePersonal data
AnswerAny information relating to an identified or identifiable living person.
DefineSpecial category data
AnswerSensitive personal data such as health, biometrics, religion or sexual orientation, needing extra protection.
DefineData controller
AnswerThe organisation that decides why and how personal data is processed.
DefineData processor
AnswerAn organisation that processes personal data on a controller's behalf.
DefineLawful basis
AnswerOne of six legal grounds that makes processing personal data lawful.
DefinePurpose limitation
AnswerThe principle that data collected for one purpose is not reused for an incompatible one.
DefineData minimisation
AnswerCollecting only the data that is necessary for the stated purpose.
DefineSubject access request
AnswerA person's request to see the personal data an organisation holds about them.

Reach the top grade on this topic

Marks come from applying a named law to the scenario and reaching a conclusion. Identify the data, name the principle or Act, say whether the activity is lawful, and say what has to change. An answer that lists the seven principles without touching the scenario scores a fraction of one that applies two of them properly.

Mistakes that cost marks here

Avoid these
  • Saying 'GDPR' without naming the UK GDPR and the Data Protection Act 2018.
  • Treating consent as the only lawful basis. Most internal analytics relies on legitimate interests.
  • Calling data anonymous when it is pseudonymised.
  • Forgetting purpose limitation, which is the principle analytics projects breach most often.
  • Confusing the controller with the processor. Using a cloud provider does not transfer accountability.
  • Thinking a deleted file is erased, or that deletion covers the backups.
Fun fact

The UK GDPR gives people the right to ask what an organisation holds about them, and the organisation has one month to answer. A single such request has forced more data clean-ups than any internal policy ever has, because you cannot answer it if you do not know what you hold.

Knowledge check

0 of 10 answered
1Which legislation implements the UK GDPR?
2Within how long must a reportable personal data breach be notified to the ICO?
3A company collects email addresses for order confirmations and later uses them for marketing. Which principle is breached?
4Which of these is special category data?
5An employee uses their legitimate login to look up a neighbour's record out of curiosity. What law does this breach?
6Which right requires data to be provided in a structured, machine readable format?
7What must a Data Protection Impact Assessment be carried out for?
8A hospital uses a cloud provider to store patient data. Who is accountable for compliance?
9Why is removing the name column not anonymisation?
10'We keep everything in case it becomes useful' breaches which principle?
Score 0 / 10

Exam-style questions

Five written questions in the style of the real paper. Write a full answer, then let the marker check it against the mark scheme.

21 marks
1State three of the data protection principles.3 marks
State

Mark scheme0 / 3
  • LOne valid principle
  • LA second, different principle
  • LA third, different principle
Model answer

Data minimisation, purpose limitation, and storage limitation.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
2Explain the difference between a data controller and a data processor, using an example.4 marks
Explain

Mark scheme0 / 4
  • LThe controller decides the purpose and means of processing
  • LThe processor acts on the controller's instructions
  • LA valid example of each
  • LAccountability remains with the controller
Model answer

The controller is the organisation that decides why personal data is processed and how, and the processor is an organisation that processes it on the controller's behalf and only within its instructions. A retailer that stores its customer database with a cloud provider is the controller, and the cloud provider is the processor. The distinction matters because accountability does not transfer with the data: the retailer remains responsible for having a lawful basis, for answering subject access requests and for the security of the processing, and must have a written contract requiring the provider to apply appropriate security, use no further sub-processors without permission, and report any breach to it promptly.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
3A fitness app collects users' step counts, heart rate and location. The company wants to sell aggregated insights to insurers.Explain the legal issues this raises and what the company must do.6 marks
Explain

Mark scheme0 / 6
  • LHealth data is identified as special category data
  • LA condition or explicit consent is needed for it
  • LPurpose limitation is engaged by the new use
  • LTransparency: users must be told
  • LAggregation does not automatically make it anonymous
  • LA DPIA, or the right to object, or a clear conclusion
Model answer

Heart rate is health information and therefore special category data under the UK GDPR, and location data combined with step counts is close behind it in sensitivity, so the company needs not only a lawful basis but an additional condition, which in a commercial context realistically means explicit consent. Selling insights to insurers is also a new purpose: the data was given so the app could show users their own activity, and purpose limitation means it cannot simply be repurposed, so the company must either obtain fresh, specific, freely given consent for the insurance use or abandon it. Whatever it does must be set out plainly in the privacy notice rather than buried in terms of service, because transparency is a principle in its own right and a consent the user did not understand is not consent. The company should also not assume that aggregation solves the problem: location traces are highly identifying, and an aggregate reported for a small group or compared between two reports can disclose an individual, so it would need a documented minimum group size and suppression rules. Because this is large scale processing of special category data for a purpose with potential significant effects on individuals, a Data Protection Impact Assessment is required before it begins, and users must be able to object and withdraw consent as easily as they gave it.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
4A local council wants to combine data from its housing, council tax and school admissions systems to identify families who may need support.Discuss the legal and ethical issues involved, and what safeguards the council should put in place.8 marks
Discuss

Mark scheme0 / 8
  • LA lawful basis is identified, probably public task
  • LPurpose limitation across the three systems is addressed
  • LData minimisation is applied
  • LSpecial category or children's data is recognised
  • LA DPIA is required and named
  • LAn ethical issue beyond legality is raised
  • LTechnical and governance safeguards are proposed
  • LA judgement about whether and how it should proceed
Model answer

The council is likely to have a lawful basis here, since safeguarding and support are part of its public task rather than something requiring consent, but a basis for processing each dataset separately is not automatically a basis for combining them. All three were collected for different statutory purposes, so purpose limitation has to be addressed explicitly: the council must be able to point to the function the combined processing serves and show that it is compatible with the original collection. Data minimisation then constrains the design, because the temptation is to join everything available when the actual question needs a small number of fields; a system built on three indicators is both more lawful and more likely to work than one built on forty. The data involved is among the most sensitive a council holds: school admissions concerns children, housing records can reveal health and disability, and the combination is capable of inferring special category information even where no such field is present, which brings additional conditions into play. Because this is large scale processing of sensitive data about vulnerable people, a Data Protection Impact Assessment is mandatory and should be completed before any system is built, not written up afterwards. Beyond legality there are ethical questions the law does not settle. Families would be surprised to learn that their rent account and their child's school application had been joined to score them, and that surprise matters, because a council depends on people reporting difficulties honestly. A false positive risks stigmatising a family, while a false negative gives false assurance, and the people affected have least power to challenge either. The council should therefore keep a human decision in the loop at all times rather than acting on a score. The safeguards follow: role-based access on least privilege so only the support team sees identified records while analysts work on pseudonymised extracts, full audit logging of every access, a documented retention period with automatic deletion, a named owner for the combined dataset, published information about what is being done and how to object, and a scheduled review of whether the system is producing better outcomes. On balance the council can proceed, but only with the DPIA completed first, the field list cut to the minimum that works, and a standing commitment that the output prompts a human conversation rather than triggering an automated consequence.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
Machine mark 0 / 21