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

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

4. 25 May 2018

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

6. 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

7. 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

9. 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?

10. 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

11. 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

12. 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

13. 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

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

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

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

17. Subscribe to our e-newsletter at ico.org.uk
Keep in touch
@iconews
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