The Guide to Data Processing Terminology and Acronyms

Businesses aiming to comply with complex data protection regulations often face a barrage of data terminology and acronyms. GDPR, PECR, DPA... what does it all mean?

In this article, we demystify common data processing terminologies and acronyms, to make the process of data compliance more manageable overall. Whether you're encountering terms like Data Controller for the first time or refreshing acronyms like DPIA, we've got you covered. 

Let's dive right in.

Common data processing terminology 

Understanding data processing terminology is crucial, especially when the language can appear more complex than it really is. Many of the core terms come directly from the UK GDPR and the EU GDPR. These frameworks are widely considered the gold standard for privacy regulation, and businesses that align with them are often well-placed to meet the requirements of other jurisdictions. Let's break down some of the commonly used terms in this field - after which, we'll move onto the sector's most frequently used acronyms.

Personal Data 

Personal data refers to any information that relates to an identified or identifiable person. This could be as simple as a name or an identification number, and extends to more complex data like IP addresses or web cookies that could identify an individual when combined with other data. 

Data Subject 

A data subject is the individual whose personal data is being processed. You, as a customer, employee, or user, are usually the data subject in a variety of contexts where your data is collected and managed. 

Processing 

Processing covers any operation performed on personal data, from collection to deletion. It includes actions like recording, organizing, structuring, storing, and even altering or removing data. 

Data Controller 

The data controller determines the purposes and means of processing personal data. Essentially, this entity decides 'why' and 'how' your personal information will be used. 

Data Processor 

A data processor processes data on behalf of the data controller. They follow the instructions given by the data controller without determining the purpose or means of processing. 

Personal Data Breach 

A personal data breach is a security incident leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data. Breaches can result in damage to reputation, financial loss, identity theft, and more. 

Concerned about a potential data breach? Head to our article on the pros and cons of having a Cyber Security Lawyer on your side.

Lawful Basis 

Lawful basis refers to the legal justifications required to process personal data. There are several lawful bases, including consent, contract, legal obligation, vital interests, public task, and legitimate interests. 

Individual Rights 

Individuals have rights regarding their personal data, such as the right to access, rectify, erase, restrict processing, data portability, and object to certain processes involving their data. 

General Data Protection Regulation 

The General Data Protection Regulation (GDPR) is a comprehensive data protection law in the EU, focusing on user consent and protecting personal data. It sets high standards for data privacy and imposes strict requirements on data handling processes. The UK has similar legislation known as the DPA, although it is sometimes referred to as the UK GDPR. The 2018 Data Protection Act largely echoes the EU version, with some minor differences.

In the United States, there isn't a single overarching data protection law equivalent to the GDPR. Instead, there are sector-specific regulations and state laws.The IAPP maintains this chart of US states with privacy laws. The most prominent of these is the California Consumer Privacy Act (CCPA), which grants California residents certain privacy rights and protections. 

Australia has its own version of comprehensive data protection legislation called the Privacy Act 1988, along with the Australian Privacy Principles (APPs) that dictate how personal information should be handled.

Registration 

Registration in the context of data processing often refers to the requirement for certain data controllers and processors to register with supervisory authorities. This ensures transparency and accountability in data processing activities. 

Data protection acronyms explained

While we've covered the main terms used within the data protection sector, you're still likely to come into contact with a host of confusing acronyms. Let's break these down one by one.

CCPA: California Consumer Privacy Act (USA)

The CCPA is California’s data privacy law, designed to protect consumers’ personal information. It gives California residents rights such as:

• Knowing what personal data a company collects about them
  
  
• Requesting that their data be deleted
  
  
• Opting out of their data being sold to third parties
  The law applies to businesses operating in California that meet certain size and revenue thresholds.
  

DPA: The UK Data Protection Act

The UK's 2018 Data Protection Act (Or DPA) is the United Kingdom’s version of GDPR. It regulates how personal data is collected, stored, and used in the UK. While it is similar to GDPR, it has some UK-specific rules, such as how national security and law enforcement agencies handle data.

DPIA: Data Protection Impact Assessment

A Data Protection Impact Assessment (DPIA) is a process designed to help organizations identify and minimize the data protection risks of a project. It's crucial for processing operations that pose high risks to individuals’ rights and freedoms. 

DPO: Data Protection Officer

A DPO is a privacy expert responsible for ensuring a company follows data protection laws. Under GDPR, some organizations (especially large businesses and government agencies) are required to appoint a DPO to oversee compliance, handle data protection issues, and communicate with regulators.

GDPR: General Data Protection Regulation

The GDPR is one of the most comprehensive privacy legislations in the world. Despite being EU-enforced, it has greatly influenced the legal approach to data on an international basis, with many nations taking inspiration from its framework. 

The GDPR applies to any company, anywhere in the world, that collects or processes the personal data of people in the EU/EEA. GDPR gives individuals rights over their data, including the right to access, correct, and delete it. It also requires businesses to be transparent about data collection and implement strong security measures.

ICO: Information Commissioner's Office

The ICO (Information Commissioner's Office) is the UK’s independent data protection authority responsible for enforcing data protection, privacy, and freedom of information laws. It ensures that organizations handle personal data lawfully and gives individuals rights over their information.

Several regions have equivalent authorities, such as Australia, which has the OAIC (otherwise known as the Office of the Australian Information Commissioner). In the US, there's no direct equivalent, however, multiple agencies oversee privacy and data protection, including the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and State-level regulators (such as California's CCPA).

IDTA: International Data Transfer Agreement

An IDTA (International Data Transfer Agreement) is a legal contract used to transfer personal data from the UK to other countries while staying compliant with UK data protection laws.

It is the UK’s alternative to the EU Standard Contractual Clauses (SCCs) after Brexit. The UK replaced SCCs with the IDTA to ensure international data transfers meet UK GDPR standards.

While the US doesn't have an IDTA equivalent, it does have several legal mechanisms to regulate cross-border data transfers, including the Data Privacy Framework, SCCs, and Binding Corporate Rules (BCRs). 

Australia takes a similar approach, with data transfer mechanisms that require adequacy-based transfers.

PECR: Privacy and Electronic Communications Regulations

PECR (Privacy and Electronic Communications Regulations) is a UK regulation that governs electronic marketing, cookies, and online privacy. It works alongside UK GDPR to protect users from spam emails, cold calls, and online tracking.

In the US, the governance of marketing, cookies, and privacy falls under the TCPA (Telephone Consumer Protection Act 1991), the CAN-SPAM Act, and the CCPA.

Over in Australia, electronic marketing and privacy are governed through the Spam Act 2003, the Telecommunications Act 1997, and the ACCC Cookie Guidelines (Australian Competition and Consumer Commission).

PII: Personally Identifiable Information

PII refers to any data that can be used to identify an individual. Examples include:

• Direct identifiers: Name, Social Security number, passport number
  
  
• Indirect identifiers: IP address, cookies, location data
  Protecting PII is a fundamental part of all data protection laws.
  

ROPA 

A ROPA (Record of Processing Activities) is a detailed document that organizations must maintain to track how they process personal data. It is a key requirement under GDPR (General Data Protection Regulation) and UK GDPR. It's worth noting that not all companies are obliged to keep a ROPA, with a ROPA being reserved for:

• Companies with 250+ employees
• Smaller companies: if they process sensitive data, perform regular or high-risk data processing, or process data that could affect people's rights and freedoms.

Despite not being legally required for other organisations, it's considered data protection best practice to keep a ROPA.

Australia does not have a formal ROPA requirement, but the Australian Privacy Act 1988 and OAIC guidelines impose similar record-keeping obligations. Similarly, the US does not have a single federal ROPA requirement, but several state privacy laws and sector-specific regulations require data mapping and record-keeping.

SAR: Subject Access Request 

A SAR (Subject Access Request) - sometimes referred to as a Data Subject Access Request, or DSAR, is a request made by an individual to a company or organization to access the personal data that is being held about them. It is a key right under GDPR (General Data Protection Regulation), UK GDPR, and other privacy laws that gives people control over their personal information.

In the US, the closest equivalent to a SAR is the "Right to Access" under the CCPA (California Consumer Privacy Act) and CPRA (California Privacy Rights Act). 

In Australia, the equivalent of a SAR is a Personal Information Access Request under the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).

SCCs 

SCCs are legal agreements that allow businesses to transfer personal data outside of the EU while staying GDPR-compliant. Companies use SCCs when transferring data to countries that do not have equivalent data protection laws (eg: the US).

TIA 

A TIA (Transfer Impact Assessment) is a risk assessment that organizations must perform before transferring personal data outside of certain jurisdictions. It evaluates the legal and security risks of sending data to another country and ensures compliance with data protection laws.

Conclusion

Data protection compliance can feel overwhelming - and its wealth of terms and acronyms doesn't make it any easier. While the above will help make the waters a little warmer, we're also on hand to provide data protection guidance for the US, US, and American markets.

Tackling data protection? In need of experienced legal support? Look no further that our data protection services.