A peer mentioned, “people are increasingly sharing personal information over the internet and social media networks in such a way that their privacy can be violated”. I agree with that. It is worrisome how on daily basis we share personal data on different social media networks.
The Data Protection Act 1998 chalks out the rules giving people rights to their personal information. In section 36, an exemption exists that refers to the processing of personal data for individual use and so in that circumstance, data protection legislation is not an application. This is known as domestic purposes exemption. So, it is important to note and find out if a social platform is used for non-domestic purposes. Information Commissioner’s Office points out that the main subject is the reason behind data processing. “If you are processing personal data for non-domestic purposes then you will be subject to the requirements of the DPA regardless of whether you are acting as a sole individual, part of a group of separate individuals or on behalf of a group (such as a club or society) with its own separate legal identity (ICO, 2018).”
ICO (2014) states “The section 36 exemption is based on the purposes for which the personal data is being processed, not on the nature or content of the data itself. It applies whenever someone uses an online forum purely in a personal capacity for their own domestic or recreational purposes. It doesn’t apply when an organisation or an individual uses an online forum for corporate, business or non-domestic purposes.”.
Do the readers think with the introduction of GDPR, the social media platforms would be more securely guarding the collection and processing of personal data?
References:
ICO (2014) Social networking and online forums – when does the DPA apply? Available at: https://ico.org.uk/media/for-organisations/documents/1600/social-networking-and-online-forums-dpa-guidance.pdf (Accessed: 30 January 2018)
ICO (2018) Guide to data protection. Available at: https://ico.org.uk/for-organisations/guide-to-data-protection/exemptions/?q=non-domestic (Accessed: 30 January 2018)
