GDPR is the biggest change to privacy laws in the last 20 years and will replace the 1998 Data Protection Act. The digitalisation of our lives since 1998 has brought about the requirement to update the 1998 Act. So what does it all mean?
GDPR stands for General Data Protection Regulation and will be coming into force on 25th May 2018. Detailed information can be found on the EU GDPR website. Let me start by saying this is a good thing! Yes, it will require some time and effort to ensure you comply but as a citizen, business owner, manager or employee, this is being introduced to protect your personal data in the ever increasing digital world we live. The current Data Protection Act was introduced in 1998 and a lot has changed in those 20 years! There was no such thing as an iPhone back in 1998, for example. Reviewing your data systems should be carried out on a regular basis anyway so see this as an opportunity to house keep your data collection and management methods.
This is where it can get a bit complicated and we advise you get advice from your legal representative or GDPR specialist as every case will be different. You may also wish to study the EU GDPR website and work through it yourself. That being said we have broken down the major parts for you, allowing you to make a good start. You may also wish to take a look at our GDPR FAQs page for answers to some of the common questions and we have also put together a glossary of some of the terms you will read, as some may not be self explanatory.
The ICO (Information Commissioner's Office) will be responsible for ensuring compliance in the UK and so they also provide useful information on their website, for both public and organisations. Our summary of advice, below, is taken from the 'For Organisations' section of the ICO website, using their 12 step plan for preparing for GDPR.
Step 1: Awareness
Make sure all key decision makers in your organisation are aware there are changes coming and ask them to consider the impact of these changes. This applies whether you are a sole trader or employee in a large organisation.
Step 2: Information You Hold
Step 3: Communicating Privacy Information
Step 4: Individual's Rights
Personal information should be considered to be the ownership of the individual who the data is about. You must be able to provide a legitimate claim for holding the data as well as having a plan in place for being able to remove data, should the request be made. You must also be able to provide an electronic copy of all data you hold on an individual, should it be requested.
Step 5: Subject Access Requests
A subject access request (SAR) is a request from an individual to have a copy of all the data you hold on them. If a subject access right is made you will not be able to make a charge for the request and must be able to comply within one month. Refusal or charging for a request is possible but the grounds for both must be detailed to the individual, for which they have the right to appeal. In most standard cases a charge is unlikely to be acceptable.
Step 6: Lawful Basis for Processing Personal Data
Step 7: Consent
You must review the basis for which you seek, record and manage consent. If you can't provide evidence of data having been sought using methods that comply with GPPR consent rules then you will have to request consent again in order to continue holding the data. A detailed guidance on consent can be found here and you should use this to review your current procedures. A key point is that consent must be via an opt-in process and may not be included as part of other terms and conditions. For example, a condition of creating a new account, may not be that the new registration is automatically added to a mailing list.
Step 8: Children
For the first time an individuals age may be of consideration when collecting data. There will be new protective rights for children's personal data and you should consider if your arrangements need to gain parental consent and / or verification of age. An individual may not consent until the age of 16, although this may be reduced to 13 in the UK.
Step 9: Data Breaches
Would you be able to detect if a data breach has taken place? If not you must update your systems to ensure you can detect, report and investigate a data breach. It is likely that a data breach will require you, by law, to notify the individual(s) as well as the ICO. By reviewing this step you can document when and where any possible data breach needs to be recorded.
Step 10: Data Protection by Design
Essentially this is ensuring that any new system is created with privacy at the centre of the design process. Considering the privacy implications after development of a new system will no longer be legal. When there is a possible privacy risk with new implementations a Data Protection Impact Assessment (DPIA) should be carried out. You should create a system for knowing what the assessment will include, who will carry it out and who else needs to be involved in the assessment. Further guidance for DPIAs can be found on the ICO website.
Step 11: Data Protection Officers
Step 12: International
If your organisation has offices or working buildings within a number of EU member states then you should nominate a lead supervising authority. This should be the location that is responsible for the majority of your organisations administration or where decisions can be made.
These 12 steps will prepare you for GDPR and if implemented correctly provide you with systems that will ensure your remain compliant in the future. If you have any questions or would like to discuss the implications of GDPR on your business please contact us on 01295 533544 or email us at firstname.lastname@example.org.