History of data protection legislation in the Isle of Man
The Isle of Man has had data protection legislation since 1986. The Data Protection Act 1986 was based upon the UK Data Protection Act 1984 and gave effect to the Council of Europe Convention 108. At the Island's request, this Convention was extended to the Island on the 21st January 1993. The Additional Protocol to the Convention (Treaty 181) regarding supervisory authorities and transborder data flows was extended to the Island on 8 November 2001.
On the 1st April 2003, the Data Protection Act 2002 came into operation and replaced and repealed the Data Protection Act 1986.
The 2002 Act was based upon the UK’s Data Protection Act 1998 and gave effect in the Island to Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. On the 28th April 2004, the European Commission formally recognised that the Isle of Man has adequate (in terms of the directive) data protection legislation.
The Directive 95/46/EC was repealed on 25 May 2018 and replaced by the General Data Protection Regulation (GDPR) , Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The GDPR is one of a suite of new data protection laws introduced by the European Parliament and Council at the same time, including Directive 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, referred to as the Law Enforcement Directive or LED.
The Data Protection Act 2018 and associated Orders gave effect to the GDPR and LED in the Island.
The Data Protection Act 2002 was repealed, subject to any transitional arrangements and savings, when the Implementing Regulations were approved by Tynwald in July 2018.