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General Data Protection Regulation (GDPR)
Kate Belinis CDA Herts East Herts Village Halls Conference 05 December 2017 Little Hadham Village Hall
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What is it? New European Legislation (replacing existing European Directive 95/46/EC) It will apply from 25 May 2018! Overview: Same basic principles as current Data Protection Law Accountability New rights for individuals and strengthening of existing rights Breach reporting Data Protection Impact Assessments Higher penalties for non-compliance
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Preparing for this: 12 steps
Awareness: ensure decision makers and key people are aware. Need to appreciate the impact Information you hold: document what personal data you hold, where it came from and who you share it with. You will need an information audit Communicating privacy information: review your current privacy notices and put a plan in place for making any necessary changes in time for implementation Individual’s rights: check procedures to ensure rights are covered, including how you would delete personal data or provide data electronically and in a commonly used format Subject access requests: update your procedures and play how you will handle requests within the new timescales and provide any additional information Legal basis for processing personal data: look at the various types of data processing you carry out, identify your legal basis for doing this and record it.
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Preparing for this 7. Consent: review how you are seeking, obtaining and recording consent and whether you need to make any changes. Children: start thinking now about putting systems in place to verify individuals’ ages and to gather parental/guardian consent Data breaches: ensure you have right procedures to detect, report and investigate a personal data breach Data Protection by Design & Impact Assessments: familiarise yourself now with guidance from ICO and work out how and when to implement them Data Protection Officer: designate someone to take responsibility and assess where this role will sit within structure and governance International: if you do then determine which is the protection supervisory authority
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Where do I start? Governing body and management team
Responsibility of designated Officer What personal information is held? Carry out Information Audit: Overview How is it collected? Where is it stored? Who has access? How is it shared?
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Legal basis for processing
ICO due to issue guidance: GDPR lawful Processing (Article 6, Section 1) Consent Contractual Obligation Legal Obligation Protect a person In the public interest Legitimate interests of the controller But currently it is either: Consent or Legitimate interests NOTE: when personal data is SHARED or Sensitive Personal Data is COLLECTED, the Individual must explicitly CONSENT to processing of Personal
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Review of Consent processes
Fair Processing Notices People must opt in Recording and managing consent Fair Processing Notice for children under 16 Individual’s Rights Right to Access Accountability principle – YOU need to show Maintaining relevant documentation Privacy Impact Assessments Breach notification
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References Overview of GDPR: Fair Processing Notices Guidance: Consent Guidance (includes checklist): Conducting Privacy Impact Assessments Code of Practice:
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Resources Information Commissioners Office: Guidance and templates: GDPR myth-busting blogs: Thanks to Sefton CVS for this information and presentation
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