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A guide to the data protection principles

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A guide to the data protection principles

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At a glance

The UK GDPR sets out seven key principles:

Lawfulness, fairness and transparency

Purpose limitation

Data minimisation

Accuracy

Storage limitation

Integrity and confidentiality (security)

Accountability

These principles should lie at the heart of your approach to processing personal data.

In brief

What are the principles?

Article 5 of the UK GDPR sets out seven key principles which lie at the heart of the general data protection regime.

Article 5(1) requires that personal data shall be:

"(a) processed lawfully, fairly and in a transparent manner in relation to individuals ('lawfulness, fairness and transparency');

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes ('purpose limitation');

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ('data minimisation');

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ('accuracy');

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals ('storage limitation');

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures ('integrity and confidentiality')."

Article 5(2) adds that:

"The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 ('accountability')."

For more detail on each principle, please read the relevant page of this guide.

Why are the principles important?

The principles lie at the heart of the UK GDPR. They are set out right at the start of the legislation, and inform everything that follows. They don't give hard and fast rules, but rather embody the spirit of the general data protection regime - and as such there are very limited exceptions.

Compliance with the spirit of these key principles is therefore a fundamental building block for good data protection practice. It is also key to your compliance with the detailed provisions of the UK GDPR.

Failure to comply with the principles may leave you open to substantial fines. Article 83(5)(a) states that infringements of the basic principles for processing personal data are subject to the highest tier of administrative fines. This could mean a fine of up to £17.5 million, or 4% of your total worldwide annual turnover, whichever is higher.

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A guide to the data protection principles

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The UK GDPR sets out seven key principles: Lawfulness, fairness and transparency Purpose limitation Data minimisation Accuracy Storage limitation Integrity and confidentiality (security) Accountability These principles should lie at the heart of your approach to processing personal data. Article 5 of the UK GDPR sets out seven key principles which lie at the heart of the general data protection regime.

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Examples of sensitive data in your organisation

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Examples of sensitive data in your organisation

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Types of Sensitive Data in Your Organisation and How to Protect it

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Any confidential information that’s stored, processed, or managed by an organisation is classified as sensitive data. Read our sensitive data examples now.

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The guidance on this page is suitable for all organisations. However, small businesses may wish to also use the resources on our small business web hub.

Guidance

Guidance on data protection considerations when handing workers' health information, including practical advice on handling sickness and injury records, occupational health schemes, medical examinations and testing, genetic testing, health monitoring and sharing workers' information.

Guidance on monitoring of workers by employers and how this interacts with data protection, including monitoring tools, specific data protection considerations and use of biometric data.

Guidance for employers about sharing information about their workers in the event of a mental health emergency.

Guidance aimed at employers who keep employment records. It will help you understand your obligations under the UK GDPR and DPA 2018.

Draft guidance - consultations closed

Guidance on data protection compliance during recruitment, including automated decision-making and profiling, verifying candidate information and keeping recruitment records.

Resources

Answers to key questions on the right of access for employers, including what is the right of access, do people have to submit the request in a certain format, and whether you can clarify the request.

Checklists for employers using workers' health information.

Checklists for employers monitoring workers.

Guidance to help you remain compliant with data protection law when you have people working from home.

Further reading

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The guidance on this page is suitable for all organisations. However, small businesses may wish to also use the resources on our small business web hub. Guidance on data protection considerations when handing workers' health information, including practical advice on handling sickness and injury records, occupational health schemes, medical examinations and testing, genetic testing, health monitoring and sharing workers' information.

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Data protection rules for businesses in recruiting staff, keeping staff records and using CCTV

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Confidential Business Information: Protecting an Organization’s Most Valuable Secrets

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Confidential Business Information: Protecting an Organization’s Most Valuable Secrets

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Confidential Business Information: Protecting an Organization’s Most Valuable Secrets | Epiq

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Clearly, allowing CBI to get into the hands of bad actors can prove catastrophic. That’s why it’s critical for companies to protect the sensitive information from which its value is derived.

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8-1-1 Know the type of confidential information held by organisations

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8-1-2 Understand why information must be kept confidential by organisations

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8-1-3 Understand the potential impact to an organisation of failing to maintain privacy and confidentiality