Data Protection Paul Veysey & Bethan Walsh

Introduction Data Protection is about protecting people by 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

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 ( 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

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. s, texts and voic s Privacy and Electronic Communications Regulations

Electronic Marketing Websites: What are the data issues? Cookies?

Discussion Q&A

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