Consideration of Legal Factor
Europe has a comprehensive scheme with high level of personal data protection. The EU Data Protection Directive 95/46/EC (EU DPD) was adopted by European Communities in 1995. It is the primary directive that regulates the processing of personal data. All 27 EU Member States which including United Kingdom must implement the Directive into their own law. EU DPD set up a very high standard data protection structure based on the essential factors in the current member states’ legislations so that all its member states can accept this Directive.
For our application, in order to comply with the EU DPD, both the obligations of data controllers and the rights of data subjects must be fulfilled and guaranteed.
Because the application provider is the party who determine the nature and means of personal data processing, hence the application provider will act as the data controller. The obligations should be fulfilled by the data controller are:
- Notify processing to national authority (DPA). Include controller’s name and address, purpose of the processing, description of the data subjects, description of the data, etc.
- Not to process personal data unless legitimate basis. Consent must be unambiguous, freely given and informed.
- Compliance with processing principles.Fairly and lawfully processed, Specified, lawful purposes and not further incompatibly processed.
- Ensure confidentiality and security of personal data. Adopt appropriate technical and organizational measures for security of data.
- Not transfer data to 3rd country unless ‘adequate’ protection.
What’s more, for the reason that the users of this application are natural person who may be identified either directly or indirectly from the data. Therefore, the users are the data subjects, and the rights which granted to the data subjects include:
- To access data.
- To rectify, block, erase or destroy inaccurate data.
- To prevent or limit certain processing.
- To a judicial remedy for any breach of the rights guaranteed by national law.