Data Protection

Paul Veysey & Bethan Walsh

Introduction

Data Protection is about protecting peopleby responsibly managing their data in ways

they expect and understand

90%

Penalties

Data Protection in the UK is supervised and enforced by the Information Commissioner who can serve notices on organisations to ensure compliance and can bring prosecutions.

Criminal offences include:• Failing to notify data processing to the ICO

• Unlawful obtaining and disclosure of personal information

Civil claims for compensation can be brought by individuals where organisations have breached the provisions of the DPA causing them damage.

Pro-active Approach

Organisations should:

• Appoint a senior member to take responsibility for Data Protection – The Data Protection Officer

• Ensure policies and procedures are in place such that data protection is always a consideration

• Ensure staff and volunteers have training and guidance available to them to ensure compliance

• Audit and review your data protection position

The Basics

The DPA is concerned with ‘Personal Data’ held by ‘Data Controllers’

Personal

Identifiable - living - individuals

The Basics

Data?

Information held on a computer

Information in a relevant manual filing system

Information intended to join one of the above

‘A person who determines the purpose for which and the manner in which personal data is, or is to

be, processed’

Data Controller

Obtaining information

What is ‘Processing’?

Storing information

Changing or copying Disclosing or passing on

Destroying or erasing

Do I have to Notify?

Most organisations that process personal data must register (notify) with the ICO. Failure to notify is a criminal offence and a fine can be

imposed

Personal data cannot be processed until registration has taken place

Do I have to Notify?

Cost:

£35 per year

(If you have more than 249 employees and a turnover in excess of £25.9 million – the fee is £500 for notification -

unless a charity)

Do I have to Notify?

Not for profit organisations have the benefit of an opt out where their functions are limited to:

• establishing or maintaining membership;

• supporting a not-for-profit body or association; or

• providing or administering activities for either the members or those who have regular contact with it.

Data Protection Principles

How to comply?

1. Process fairly and lawfully

2. Obtain and process for specified purposes only

3. Adequate, relevant and not excessive

4. Accurate and up to date

The Principles

The Principles

5. Not kept longer than is necessary

6. Processed in accordance with the rights of the individual

7. Appropriate security measures against unauthorised or unlawful use of data and against loss, destruction or damage

8. Transfer outside the EEA only where adequate protection is in place

1. Process Fairly and Lawfully

• You must collect data fairly and have legitimate grounds for collecting and using the data

• You must be transparent about how you intend to use the data

• You must not do anything unlawful with the data

1. Process Fairly and Lawfully

What can I do with personal data?The Act sets out ‘conditions for processing’, one of which must be complied with for processing to take place

The key condition is CONSENT

The safest route to compliance is to ensure the individual knows what will be done with their data at the point of collection

1. Process Fairly and Lawfully

• Privacy Notices • See Privacy Notices Code of Practice (

www.ico.gov.uk)• Sharing data with another organisation (Scenario 1)

• Using data for a new purpose (Scenario 2)

• The ‘legitimate interest’ exemption (Scenario 3)

• Lawful processing (Scenario 4)

• Other exemptions available

2. Obtain and process for specified purposes only

“The personal data shall be obtained only for one or more specified lawful

purposes and shall not be further processed in any manner incompatible with that purpose or those purposes”

2. Obtain and process for specified purposes only

1. Identify the purpose in your Privacy Notice (unless the purpose is obvious)

2. Register the purpose when notifying the Information Commissioner (unless you are exempt).

2. Obtain and process for specified purposes only

• Can the data be used for purposes other than those specified?

• When is one purpose compatible with the other?

3. Adequate, relevant and not excessive

“Personal data shall be adequate, relevant and not excessive in

relation to the purpose or purposes for which they are processed”

3. Adequate, relevant and not excessive

Only hold data which is sufficient for your purpose and no more (or less)

4. Accurate and up to date

To an extent the purpose of the principle is obvious?

• Take reasonable steps to ensure accuracy • Ensure the source of personal data is clear

• Consider challenges to the accuracy of the information and its impact

• Should you update?

5. Not kept longer than is necessary

“Personal data processed for any purpose or purposes shall not be kept for longer than is necessary

for that purpose or purposes”

5. Not kept longer than is necessary

1. Adopt a policy to set out how long you will keep information and why

2. Regularly review the data

3. Ensure it is securely deleted or archived when it is no longer needed

6. The rights of individuals

6. The rights of individuals

• Rights of access to the data held• Rights to object to processing likely to

cause or causing harm• A right to prevent direct marketing• A right to object to decisions by

automated means• A right to have inaccurate data corrected

or erased• A RIGHT TO COMPENSATION for damage

caused by a breach of the Act

7. Security

“Appropriate technical and organisational measures shall be

taken against unauthorised or unlawful processing of personal

data and against accidental loss or destruction of, or damage to,

personal data”

7. Security

Things to think about:

• Who should have access to data?• Physical security • Computer security• Security Breach Management Plan

7. Security Breach

Security Breach Management Plan

• Containment and Recovery

• Assessing risks

• Notification of breaches

• Evaluation and response

8. Transfer outside the EEA

“Personal data shall not be transferred to a country or territory outside the EEA unless that country

or territory ensures an adequate level of protection for the rights and freedoms of data subjects in

relation to the processing of personal data”

Direct Marketing

Assuming the correct notices / consents have been given or can be safely assumed, direct marketing is

usually permitted

Direct Marketing

• Only covered if directed at individuals

• Covers communications by whatever means

• Includes marketing, advertising, campaigning, fundraising etc.

Direct Marketing

• Opt outs and stop notices – 28 days

• Delete or supress?

• Can I ask them to opt back in?

Electronic Marketing

What are the rules governing unsolicited;

1.Phone calls

2.Fax marketing

3.E-mails, texts and voicemails

Privacy and Electronic Communications Regulations

Electronic Marketing

Websites:

What are the data issues?

Cookies?

Discussion Q&A

Workshop locations