by Michelle | 30 07 21 | Data Protection Act, GDPR, Rights of data subjects
Data protection is all about the rights of an individual and the systems you need to have in place to comply with the requests that, sooner or later, you will be faced with from the people whose data you may hold or process.
Knowing what those individual rights are will help you to recognise a request when you encounter one. It will also be a big help when putting the policies in place to deal with them within the required time. Familiarity with these eight key rights will also help you record the requests you receive and recognise the importance of handling and transmitting the data safely and securely.
Here is a breakdown of the rights of an individual regarding data:
The right to be informed
The collection of a person’s data and its subsequent use are things they have a right to be informed about. It’s important to provide the following things:
- The reasons why you are processing their data
- How long you intend to retain it and who you will share it with. (This is privacy information, which has to be provided when you collect the data itself)
- The inform you provide must be transparent, easy to understand and no longer or complex than it needs to be
The right of access
Everyone has the right to access their personal data and other supplementary information by making a ‘subject access request’ (SAR). This request can be made to you verbally or in writing by the person themselves or a third party acting on their behalf.
- A business usually cannot charge a fee for dealing with a SAR request
- They have to be dealt with in a timely way, usually within one month of receiving the request (this can be extended if the request is considered complex)
- The data must be disclosed in a secure way
The right to rectification
Sometimes, data held are inaccurate or incomplete; an individual has the right to have it rectified.
- This can be done verbally or in writing
- Similarly to a SAR request, this must be undertaken in a timely fashion, within one calendar month
The right to erasure
The right to be forgotten is one that everyone has, although there are certain extenuating circumstances when not all data can be deleted. This might be as a result of other legal regulations and reasons.
The right to restrict processing
Whether restricted or suppressed, in certain circumstances, an individual does have the right to allow you to store personal data but not to use it.
The right to data portability
As the name implies, data portability gives a person the right to obtain the personal data you hold about them and reuse it for a different service. That might help them find a better bank, a different GP or a cheaper energy supplier.
The right to data portability applies only to information that has been given to a controller.
The right to object
Everyone has the right to voice objections to their data being used for direct marketing. However, under certain circumstances, companies can continue processing data if a compelling reason to do so can be proven.
- You have to inform an individual about their right to object
- You can refuse an objection but you need to be aware of the information you have to provide in doing so
Rights around automated decision making and profiling
Automated decision making and profiling eradicates the human element from decision making and evaluating certain things relating to an individual and their data.
- Businesses can only carry out automated decision making and profiling under certain contractual, legal and explicitly consensual conditions
- The facility to challenge a decision or request human intervention must be in place
- Systems must be audited regularly to ensure they are working as they are meant to
For more detailed information relating to the individual’s rights and how you and your business can be fully compliant, visit The Information Commissioner’s Office website, where there is a dedicated breakdown and checklist for each.
Alternatively, reach out via my site for the help and advice of a GDPR specialist.
by Michelle | 28 06 24 | Data Protection Act, GDPR
A hot topic is AI and how it can help a small business. There is no doubt about its uses. In this article, I wanted to look at how it can be used to its full potential AND within the regulations. Data protection laws are designed to protect individuals’ personal information, ensuring it is used responsibly and securely. I will not say I don’t use AI; that would be a lie. I use it for ideas and brainstorming.
I was recently reading an article from Forbes.com on how small businesses use AI, and it got me thinking about the benefits of using AI and ensuring we are using it compliantly. Any use of AI must comply with data protection regulations, regardless of business size. The regulations do not stop you from using it; they direct its use and ensure you meet the GDPR principles.
Let’s explore how data protection impacts AI in several key areas:
Accountability and Governance
Accountability is a cornerstone of data protection laws. For AI systems, this means:
- Documentation: Keeping detailed records of AI systems, including their design, development, and deployment processes.
- Audits and Reviews: Regularly auditing AI systems to ensure they comply with data protection laws and make necessary adjustments based on audit findings.
Ensuring Transparency
Transparency is essential to build user trust and comply with data protection regulations. This involves:
- Clear Explanations: Providing understandable explanations of how AI systems make decisions.
- User Communication: Informing users when interacting with an AI system and explaining how their data will be used.
- Updating privacy notices: Informing people how you use it concerning processing personal data.
Lawfulness
Lawfulness requires that all data processing activities, including those involving AI, have a legal basis:
- Data Processing Grounds: Ensuring a lawful basis for data processing, such as obtaining user consent or demonstrating a legitimate interest.
- Compliance Monitoring: Continuously monitor AI systems to ensure compliance with relevant laws and regulations.
Accuracy and Statistical Accuracy
Accuracy is vital to ensure AI systems produce reliable and trustworthy results:
- Data Quality: Using high-quality and relevant data for training AI models.
- Regular Validation: Continuously validating AI outputs to maintain accuracy and reliability.
Ensuring Fairness
Fairness in AI means preventing discrimination and bias in automated decision-making:
- Bias Detection and Mitigation: Implementing measures to identify and reduce biases within AI systems.
- Equal Treatment: Ensuring AI systems treat all individuals fairly and do not discriminate based on protected characteristics.
Security and Data Minimisation
Security involves protecting personal data from unauthorised access and breaches, while data minimisation means only collecting data necessary for specific purposes:
- Robust Security Measures: Implementing strong security protocols to protect data processed by AI systems.
- Minimal Data Collection: Limiting data collection to what is necessary for the AI system to function effectively.
EnsuringIndividuals’’ Rights
Respecting individuals’’ rights under data protection laws is crucial when using AI:
- Data Access and Control: Providing individuals with access to their data and the ability to correct or delete it.
- Right to Object: Allowing individuals to object to automated decision-making and profiling processes.
Practical Applications of AI in Compliance
Chatbots and Virtual Assistants
Many small businesses are adopting AI-powered chatbots to improve customer service. These tools must also comply with data protection laws by:
- Encrypting Conversations: Ensuring all data shared via chatbot is encrypted and secure.
- Providing Information: Offering instant responses to customer queries about data protection policies and practices.
Automation Tools
AI can automate routine tasks, enhancing efficiency and ensuring compliance:
- Data Entry: Automating data input reduces human error and ensures data accuracy.
- Monitoring and Alerts: Using AI to monitor for data breaches and promptly alert relevant parties when suspicious activity is detected.
Addressing Data Protection Challenges
What is Scraping?
Scraping refers to the automated extraction of data from websites. While useful, it poses data protection challenges. Businesses must ensure:
- Compliance: They have the right to collect data and avoid scraping sensitive information without explicit consent.
What Can Be Automated?
AI can automate various data protection processes, such as:
- Data Anonymisation: Automatically anonymising personal data to protect privacy.
- Consent Management: Tracking and managing customer consents to ensure compliance.
- Data Retention: Automatically deleting data according to retention policies.
Helpful Resources
To help you navigate the intersection of AI and data protection, here are some helpful links and tools:
Conclusion
Data protection laws significantly impact how AI can be used in small businesses. By understanding these regulations and implementing the right practices, you can harness the power of AI while ensuring compliance and protecting your customers’ privacy. Stay informed, choose reputable tools, and consult with experts to navigate this evolving landscape confidently.
If you have any questions or need further guidance, feel free to reach out or explore our additional resources.
Embrace the future of AI with a strong foundation in data protection!
by Michelle | 26 04 24 | data protection, GDPR
Let’s Get Started
In today’s tech-savvy world, protecting data has become important, especially for small businesses looking to build their teams. And guess what? It’s not all about the scary laws and penalties. It’s about keeping your business, customers, team members, and future safe and sound.
So, Why Should You Care About Data Protection?
You might think data protection is all about ticking boxes for legal compliance.
I have been told on more than one occasion that there is way too much compliance, too many rules and regulations and that they do not believe in it.
I will be honest, and maybe it is because of my background in education, health, and social care, but I was a bit shocked.
Maybe I approach legislation and regulations from a different perspective. They are so much more! I view them as there to build foundations and keep our clients and businesses safe.
It’s about building trust with your clients. When you show them you’re serious about keeping their info safe, you’re telling them you value them and their trust in your business. And that’s a big deal! It can boost your business reputation, keep your customers loyal, and even set you on the growth path.
Let’s look at it from a customer view for a minute. You buy something and get it home, but it doesn’t work. Or even worse, it goes kaboom after a couple of weeks. What do you? Usually, after triple-checking it, a few choice words, and a lot of grumbling, it is either on the phone or back to the shop to complain and get a replacement. As a customer, how they deal with this complaint is crucial. If dealt with badly, you definitely will not return to them. But without the Consumer Rights Act, as customers, we would not have that protection and the rights that go with it.
Loss of Trust
Let’s not forget—protecting your business’s sensitive data is super important. Your business data is precious, and losing it could be a nightmare, causing all sorts of problems like disrupting operations, losing money, or even facing legal issues. So, a solid data protection strategy is a must-have for your business’s smooth sailing and success.
In real terms, customers and clients buy from those with a good reputation and who they can trust. 33% of businesses state they lost business due to a breach, while 75% of consumers say they consider severing ties with a business.
Laws: The Friendly Guides
Data protection laws might seem tough to crack, but they’re your friend. They’re not out to get you – they’re here to help protect and reduce the risk to your business and clients from the increased risk of data breaches, which could lead to significant losses and a damaged reputation. These laws give you a roadmap to understand what you must do to protect your data.
Following the guidelines can reduce your risk and create a safer digital space for your business. Plus, staying compliant can boost your business’s image as a trustworthy and responsible organisation.
Data Protection: It’s A Must-Have!
Data protection isn’t just an extra in our digital world – it’s a necessity. Small businesses are just as vulnerable to cyber threats or data breaches. They’re often targeted because they’re seen as having weaker security. That’s why investing in solid data protection measures is key and does not have to break the bank.
Doing some simple changes can shield your business, your clients, and your future growth. Good data protection can lower the risk of financial loss, protect your business reputation, and lay a strong foundation for growth. Plus, it can give you a competitive edge, as customers are increasingly drawn to businesses that take data protection seriously.
Wrapping Up
So, data protection isn’t just about dodging legal penalties. It’s about doing what’s suitable for your business and your clients, protecting your business’s most valuable assets, and ensuring its long-term success. By seeing data protection as an essential business need rather than just a legal requirement, small businesses can create a secure digital space that builds trust, promotes growth, and keeps the future safe.
Ready to take action? Prioritise data protection in your business today. Start by evaluating your current data security measures, identifying potential risks, and developing a robust data protection strategy. Remember, it’s not just about compliance; it’s about safeguarding your business’s future. The time to act is now!
Book your free clarity call today.
by Michelle | 01 03 24 | Data Protection Act, GDPR, GDPR Principles
I know data protection and business compliance sound like nightmares and time-consuming tasks. However, putting the foundations in place can significantly benefit your business. Regulations don’t stop you from doing things; they amend how we do them.
I know everyone keeps saying you need data protection because it is a legal requirement, but being data compliant is so much more than that. Having the systems and processes in place to ensure data privacy compliance has several benefits
- It builds customer (and employee) trust. Customers are likelier to trust and engage with businesses prioritising their privacy and data security.
- Competitive advantage: Customers are increasingly more privacy-conscious, and having systems in place can differentiate your business
- Reduces the risk and impact of data incidents and breaches
- Foundation for growth
Understanding Data Protection Laws
In the UK, data protection or privacy is regulated by three main regulations: the UK General Data Protection Regulation (GDPR), the Data Protection Act 2018, and the Privacy Electronic Communications Regulations (2003).
The laws are designed to safeguard individuals’ privacy rights and ensure that data is collected, processed (used), stored and disposed of securely and lawfully. The fundamental principles and the Individual’s (data subject) rights are essential.
According to Article 4 of the GDPR, personal data is any information related to an identified or identifiable natural person. In other words, personal data is any data linked to a living person’s identity.
Personal data is funneled into two categories – those that control the data and those that process the data (controllers vs. processors).
Steps Towards Compliance
1. Know all the data your business collects
Review the data you collect within your business activities and procedures by doing an audit.
From the audit, create a comprehensive map of your data usage and any records of processing activities. Ensure you include all areas or departments engaged in data processing. This typically includes HR, recruiting, marketing, business intelligence, accounting, development teams and technical support. Mapping out your data allows you to assess the risks with your current data handling procedures and figure out new measures to address them best.
2. Risk assess your data requirements
Organisations should only collect essential data to be GDPR compliant. Accumulating sensitive data without a compelling reason will signal alarm bells for the supervisory authority monitoring your compliance.
All data requirements should be scrutinised through a Privacy Impact Assessment (PIA) and a Data Protection Impact Assessment (DPIA). These impact assessments are mandatory when the data collected is highly sensitive.
I know, I know. PIA and DPIA sound the same, but there are some subtle differences. A Privacy Impact Assessment (PIA) is all about analysing how an entity collects, uses, shares, and maintains personally identifiable information related to existing risks. A Data Protection Impact Assessment (DPIA) is all about identifying and minimising risks associated with the processing of personal data. They are both different forms of risk assessment.
The Information Commissioner’s Office has created a DPIA template that can be used as a guide for data protection assessments. This template provides a deeper context into the activities that require a DPIA to help you decide whether your particular processing activity requires an evaluation.
3. Data incident and breach reporting
An incident or breach is any negative occurrence that impacts data protection or security. This term encompasses various situations, from those typically addressed by IT service desks to broader business continuity issues. Such incidents can involve both digital and physical records and range in severity from minor, affecting a single individual’s data, to major, impacting millions of records.
Incident reporting serves as a mechanism for notifying relevant authorities about any abnormal event, problem, or situation that might result in unwanted outcomes or breaches of established policies, procedures, or norms.
Breaches fall into three main categories:
- Confidentiality breach: Unauthorised or accidental disclosure or access to personal data.
- Availability breach: Unauthorised or accidental loss of access to, or destruction of, personal data.
- Integrity breach: Unauthorised or accidental modification of personal data.
No matter whether it is an incident or a breach, it needs to be reported internally and risk assessed to determine whether it needs to be reported to the ICO. If required, the report to the ICO must be done within 72 hours.
4. Data Protection transparency
One of the fundamental principles is transparency. This means you must clearly explain how you collect personal data from users on your website or through business interactions. You must ensure a privacy policy, cookie policy, and user-friendly guides explaining how you handle your users’ data. We offer a Website Bundle, a standardised solution consisting of a Privacy Policy, Cookie Policy, Terms of Use, and guidance on ensuring a legally compliant website. For B2B startups, it also includes Data Processing Agreements to protect the data of client companies.
5. Ensure policies, procedures, and processes are in place
Based on the results of your data assessment, it is recommended that you start creating relevant data protection policies, which include security policies and a new set of procedures for addressing data requests from your users. From a technical perspective, your policies should ensure that each data operation has protective measures to prevent breaches. These measures should also control access to the data, for example, by implementing two-factor authentication to prevent unauthorised access. If necessary, you should encrypt and mask the data and use antivirus and firewall software to help you monitor any threats to your data security.
6. Implement training
Human error is the number one cause of personal data breaches, so start building a privacy culture in your company. Familiarise your employees with basic privacy concepts and train them to perform their data protection compliance and information security duties.
7. Set up data processing agreements
It would be best to manage relationships with partner companies that receive your customer data and work with them using appropriate data protection agreements. Another critical point is international transfers: if your partners or suppliers are located in another country, this will require additional contractual safeguards to ensure the proper handling of client data.
8. Appoint a privacy professional
Last but not least, consider whether you need a Privacy Manager or a Data Protection Officer, a professional who oversees data protection compliance within the company. An internal employee or an external contractor can perform these roles. Learn more about data protection officers in our article on Virtual Privacy Professionals. Alternatively, book a clarity call to see how we can support you.
Privacy compliance is not just about measures; it’s about your and your company’s mindset. Data protection can become your competitive advantage if you treat your client’s privacy as a company value.
by Michelle | 26 01 24 | GDPR
Introduction:
Carrying on the theme of the month of email marketing, in today’s digital age, where communication is predominantly conducted through emails and messaging platforms, the importance of data protection cannot be overstated. The General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) play pivotal roles in safeguarding individuals’ privacy and regulating electronic communications. This blog aims to shed light on the intersection of GDPR, PECR, and cold emailing, exploring the challenges, compliance requirements, and best practices.
Understanding GDPR:
The General Data Protection Regulation, implemented in May 2018, is a comprehensive legal framework that protects the personal data of individuals within the European Union (EU). Don’t be fooled into thinking GDPR does not apply in the UK. We have UK GDPR. GDPR applies to any organisation, regardless of its location, that processes the personal data of EU residents.
Fundamental GDPR Principles for Cold Emailing:
- Organisation status
- Is the business a registered company?
- Are you emailing with something relevant to their business?
- Are you emailing the relevant person within the business?
- Transparency:
- Inform recipients about data processing activities, including the purpose, lawful basis, and retention period.
- Data Minimization:
- Only collect and process data that is necessary for the intended purpose.
- Individual Rights:
- Respect individuals’ rights, including accessing, rectifying, and erasing their personal data.
Understanding PECR:
The Privacy and Electronic Communications Regulations focus specifically on electronic communications, including email marketing, telephone marketing, and the use of cookies. PECR complements GDPR by providing additional rules for electronic marketing.
Key PECR Principles for Cold Emailing:
As I have said there are different rules for individuals to companies. Notice I stated companies, not businesses or organisations. You can not send cold emails to a sole trader or an individual. If you wish to send them email marketing you need to ensure consent and/or legitimate interest. Below are the criteria for ‘corporate bodies’ and companies.
- Opt-in Consent:
- Registered Companies DO NOT need to opt-in to cold emails. But they must be registered with Companies House.
- Sender Identification:
- Clearly identify the sender and provide contact information in marketing communications.
- Unsolicited Communications:
- Do not send unsolicited marketing messages to individuals after saying they do not want your emails. Also, it is your policy to delete their emails if they don’t respond.
- Emailing an individual within a company
- You can email a named individual of a corporate body or company as the company is the ‘subscriber’. However, as this is still classed as personal data, GDPR applies to how it is stored etc.
- Named individuals can opt out of emails, and you should keep a list of people not to contact.
- You need to ensure you are emailing the correct/relevant person. Don’t email a marketing contact to reach the person in IT.
Best Practices for Cold Emailing Compliance:
- Clear Opt-Out Mechanism:
- Include an easy and visible way for recipients to opt-out of future communications.
- Regular Data Audits:
- Conduct regular audits of your data processing activities to ensure compliance.
- Data Security:
- Implement robust security measures to protect the personal data you collect.
Conclusion:
Navigating the complex landscape of GDPR, PECR, and cold emailing requires a thorough understanding of the regulatory requirements and a commitment to ethical marketing practices. By prioritising transparency, and compliance, businesses can avoid legal consequences and build trust with their audience. As the digital landscape continues to evolve, staying informed about data protection regulations is crucial for responsible and effective communication practices.
We have created a quick guide to email marketing and the regulations. Download your copy here.
