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Data Protection

Article 8 of The European Convention on Human Rights states, inter alia, that everyone has the right to privacy. In order to enforce this right, the European Union recognised the need for a system which would adopt this principle. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 enforces the protection of individuals with regard to the processing of personal data and on the free movement of such data. Further to Article 28 of the Directive, the Gibraltar Government has nominated the Gibraltar Regulatory Authority to act as the Supervisory Authority for the enforcement of the Data Protection Act 2004.

Under the powers conferred upon the Data Protection Commissioner, the GRA has ensured that a system is in place which will monitor the executory function of the Data Protection Act. The GRA, working closely with similar regulatory authorities abroad, continues to develop a comprehensive online guide which will encompass a wealth of information on Data Protection. Simple yet comprehensive Guidance Notes are available in order to assist individuals and businesses in ensuring that Data Protection is maintained to the standard adhered to in the Act. The GRA has established procedures to allow aggrieved individuals and bodies to put forth complaints if they feel their rights have been violated. This procedure ensures that the supervisory powers of the authority are used to their maximum benefit.