www.actnow.org.uk ten things you should know about data protection paul simpkins director, act now...
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www.actnow.org.uk
Ten things you should know
about Data Protection
Paul Simpkins
Director, Act Now Training Ltd
www.actnow.org.uk
1. Learning the lingo
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Definitions
Personal Data
Data Controller
Data Processor
Data Subject
Notification
Subject Access Request
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Notification
One notification per organisation
£35 Tier 1 or £500 Tier 2
250 FTE
Criminal Offences
Viewable online
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2. Five types of data
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Category (a)
On Computer
CCTV & video
DIP
Audio
Swipe cards & Oysters
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Category (b)
Intended to be automated
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Category (c)
Paper or Card
Relevant Filing System
Structured by reference to individuals
Readily Accessible
Durant Guidance
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Category (d)
Medical Records
Social work records
Housing Records
Education Records
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Unstructured Data
Category (e) data
From 2005
Only Public Bodies
Some exemptions
2 access regimes to data
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3. Fair, honest & open
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Principle 1
Personal data shall be
processed fairly and lawfully
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Principle 1
The data controller should ensure that the data subject is provided with at least
• the identity of the data controller
• the purpose for which data is processed
• any further information necessary
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CCTV signs
Clearly visible and Legible
Size matters
Information
Identity of controller
Purpose of scheme
Details of contact
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4. Can I share data with…?
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Partnership Working
Central Govt desire for joint working
ICO data sharing code of practice
Fair Obtaining & Processing – Principle 1
Lawful Gateways
Data Sharing Protocols
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Lawful Gateways
Crime & Disorder Act 1998 Section 115Anti-terrorism, Crime & Security Act 2001National Health Services Act 1977Education Act 1966 s 520 (school nurses)Children Act 2004 s10, 11, 12 (databases)Local Government Act 1972 & 2003Localism Act 2011
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Data Sharing Protocols
Purpose
Powers to share
Partners
Processes
Public Document
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5. Good Records
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Principle 3
Personal data shall be adequate,
relevant and not excessive
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Principle 4
Personal data shall be accurate and, where necessary, kept up to date.
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Principle 5
Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
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6. Read me my rights
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Principle 6
1. Subject Access
2. Prevent Processing
3. Direct Marketing
4. Automated Decisions
5. Compensation/Rectification
6. To request an assessment
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Subject Access
A valid request is
Application in writing
Proof of identity
Fee
Some direction
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Subject Access
Controller must respond promptly
In any event within 40 days
Starting on the relevant day
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Direct Marketing
Communication (by whatever means) of any advertising or marketing material which is
directed to a particular individual
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Computer says no…
People can object to an automated decision
Some exemptions
Once you know…
…you can object in writing
Controller has 21 days.
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7. Keep your data safe
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Principle 7
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
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Principle 7
Training
Policies & Procedures
Data security breach policy
Civil Monetary Penalties
Passwords
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Principle 7
Contracts With Data Processors
Made or evidenced in writing
Processor to act only on Controller’s instructions
Controller should check Processor’s Security and Employees
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8. Who’s the daddy?
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Enforcement
Request for assessment
Information Notice
Enforcement Notice
Prosecution
Tribunal
Supreme court
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Offences
Failure to notify or to notify changes
Failure to comply with written request
Failure to comply with a Notice
Unauthorised obtaining/disclosing
Procuring a disclosure to another person
Unlawful selling
Enforced Subject Access
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Penalties
Undertakings
Notices from ICO
Prosecution
£500K Fines & Jail time
Inspect public sector without notice
PR disasters
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9. Exemptions
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Exemptions
S. 28 - National security
S. 29 - Crime and taxation
S. 30 - Health, education & social work
S. 31 - Regulatory activity
S. 32 - Journalism, literature & art
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Exemptions
S. 33 - Research, history & statistics
S. 34 - Publicly available by any enactment
S. 35 - Required by law/proceedings
S. 36 - Domestic purposes
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10. Social Media
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Policy or Prosecution?
Social Media Policy
Disciplinary offence
Bringing the organisation into disrepute
Preece v Wetherspoons
Defamation
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Thank you
www.actnow.org.ukpaul@actnow.org.uk
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