The Information Commissioner’s Office NPCC Professional Development Event 19 June 2018

Points of discussion GDPR / Data Protection Act 2018 Guidance / FAQs ‘Manifestly unfounded’ Breach Notification / Themes Right to erasure / Rectification

25 May 2018

How does the legislation fit together? General Data Protection Regulation (GDPR) Data Protection Act 2018 How does the legislation fit together?

Law Enforcement Processing (Part 3) General Processing Law Enforcement Processing (Part 3) Data Protection Act 2018 Intelligence Services Processing (MI5, MI6, GCHQ) The Information Commissioner ICO Enforcement Preliminary, Supplementary and Final Provision, and Schedules

Guidance update and FAQs For the last two years, the ICO has been helping organisations prepare for the new law by producing guidance and targeted online resources: For organisations For the public

Frequently asked questions… Am I a competent authority? Can we still share information with the Police? Do individuals still have the same rights under the new legislation? Does our processing fall under GDPR or Part 3 of the Act?

DPA 1998 Section 29(3) DPA 2018 Schedule 1 – Part 2 (10) Disclosures made for the purposes of law enforcement – permissive Exempt from the non disclosure provisions DPA 2018 Schedule 1 – Part 2 (10) Schedule 2 – Part 1 (2) Crime and Taxation: general Permissive gateway for disclosure Exempt from the GDPR provisions

Manifestly unfounded and excessive requests Excessive is likely to be of relevance to repetition or frequency Considered on a case by case basis Controller should record reasons for decision making

Breach notification A breach is more than just losing personal data Report to the relevant supervisory authority (ICO) without undue delay and within 72 hours Consider if individuals need to be notified

Breach Themes Most common breach is sending personal data to the wrong recipient Increase in reported cyber security incidents Enforcement action taken against three police forces in 2018 CPS

Right to erasure Individual rights What police forces need to consider Reflections on how this is working in practice

Right to rectification What the law requires How to make this work in practice

Any Questions? Audience questions – what are the main concerns?

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