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.
We know that GDPR is unavoidable for businesses of every size and scope. We also know that the requirements are considerable, and at times they can even feel overwhelming.
Don’t worry. Help is out there in the battle to understand exactly how you and your business will navigate a smooth path towards compliance.
The underpinning principles of GDPR are an excellent starting point.
Each of the principles is worthy of a deep dive in its own right, but for now, let’s have a brief look at each. What they involve and how they can help you to process data safely, securely and legally.
Remember, these are set out at the start of the legislation itself to help organisations and the people who run them to make the decisions. They will also enable you to put the practices in place that will embody the spirit of good GDPR practices.
Processing data in a lawful, fair and transparent way
This principle may seem self-explanatory; it basically requires that the practices you use to collect data don’t break laws. This requires a sound working knowledge of GDPR to adhere to, though, to achieve the principle’s intended goals of ensuring nothing is hidden from data subjects, stating the type of data collected in your privacy policy and the reasons for its collection.
Purpose limitation
Data has to be collected for a pre-defined and specific purpose and only for as long as necessary for that same purpose.
Data minimisation
When it comes to personal data, only process that which you need.
Data accuracy
GDPR expects that every reasonable step is taken to ensure the accuracy of data. If that isn’t the case and processed data is inaccurate, then erasure or prompt rectification is vital. Individuals have the right to request it.
Storage limitation
Another important aspect of GDPR compliance relates to safely and securely delete data that is no longer needed. How do you know when that is the case?
When does a customer stop being a customer? When is data relating to a former employee, business partner or freelancer considered obsolete?
These are complex questions, and the answer will vary depending on an individual’s industry and the reasons for the data itself. To be sure, and allay any doubts, consult a professional.
Security
Data must be processed in a way that guarantees its confidentiality and integrity. That includes things such as accidental loss, theft or partial destruction. This principle is intentionally vague to allow for changing technologies and evolving methods of best practice.
Many organisations look towards encryption, cloud-based services and staff training to fulfil these criteria.
All these principles should lay the foundation for the general data protection regime and always inform a solid GDPR policy.
As a certified Data Protection Officer, I can offer the help and support you need to ensure you and your business follow the principles underpinning GDPR compliance. You can send me a message, live chat or request a call any time. I’d love to help!
It is always worth bearing in mind that, whether we are aware of the fact or not, the data which our businesses rely on builds up over time. It becomes a sort of inventory even if we don’t plan for it so that inventory has to be organised.
We don’t just do this to achieve GDPR compliance. There’s a whole range of other tangible benefits, too; a good data policy also aids productivity and efficiency, earns customer trust, and allows you to market your services and products in much more focused and effective ways.
It might seem counterintuitive, but those end goals are also an ideal starting point. If you begin building any new data inventory with those goals in mind, it will allow you to form the important questions you need to ask to get it right. Similarly, if you are data mapping existing processes where you feel improvement is needed, it can really help too.
A useful, if unusual guide…
The ‘five bums and a rugby post’ method, despite the unusual name, is a great formula for helping you ask the big questions when it comes to data, and if nothing else, it will certainly stick in your mind.
Imagine five rugby players sitting on the bar of a Rugby post. That’s five ‘w’ shapes and one large ‘H’. Those bums represent five important questions; Who, What, Where, When and Why?
The rugby post itself (the large ‘H’) represents the final question; How.
How does this apply to data inventory? Let’s look a little closer…
Who?
In the context of GDPR, this simply asks whose data you process. It might be clients, patients, employees, and business partners; it’s an important and logical first step.
What data to include in the inventory?
You guessed it, what kinds of data do you hold; is it personal data, for example, or is it sensitive data, it might be anything from information on a fitness device, and search engine queries to bank details and medical records, each is different, and those differences are vital.
Where?
Where is your data stored? It might be remotely, you might not realise it could even be outside the EU, or it could be held in email inboxes, filing cabinets or local hard drives. Is it structured in a database, or is it harder to locate?
When?
This is time-based; ask yourself when you or your business collects data, how long you can hold it for, and the time constraints you must work to when dealing with data-related requests.
Why?
Why do you hold the data you do? For some, this will be to pay employees and contractors. It will be for marketing, and others, it will be to comply with the law. It may even be a mixed answer.
The answers to all these questions will help you to establish HOW to build and maintain a structured and compliant data inventory, and I can help.
As a Certified Data Protection Officer, I help organisations of every size and scope achieve compliance, improve efficiency, and enjoy the many other benefits of a good data inventory practice. These questions inform important aspects of my work with them.
If you would like to learn more, book a quick chat here.
When it comes to GDPR, even a short title such as the one above can provoke a range of questions…
What is the definition of processing?
What are the lawful ways of processing?
How can I make sure I’m complying with them?
What data does this even apply to..?
Relax and take a breath, if you’re concerned, then that shows you care and on your journey towards compliance and GDPR best practice, you certainly aren’t alone. I deliver help and support to businesses of every shape, size and flavour weekly, to help them process their data lawfully.
Breaking it down
There has to be a lawful basis for processing personal data, the good news is there are just six to choose from and we will look at each a little more closely to help you understand the basis on which you process yours.
But first: What on earth constitutes processing?
From a GDPR point of view, processing refers to any single operation (or set of operations) that are performed on personal data.
If you do any of the following, then you are processing data:
Collecting or recording it
Organising or structuring it
Adapting or altering it
Storing or retrieving it
Restricting, erasing or destroying it
As a rule of thumb, if you are unsure, assume that you are processing personal data, because 99.9 times out of a hundred, you always are.
And if you are, then you need a lawful reason to do so, this is one of the most important principles which underpin data protection.
The six lawful bases for processing data
While no single one of the lawful bases for processing data is better or worse than the other five, the one that applies to you or your business will be informed by your purpose and the relationship you have with the person or people with who data you process. It is important to identify which applies to you.
It has to be determined and documented before you process anything, The Information Commissioner’s Office has this handy online tool to help with that.
The six lawful bases are as follows:
Legitimate interest:
If the processing of data is necessary for the legitimate interests of you or a third party then this basis will apply. Remember though, if there is a good reason to protect an individual’s data then that may override those legitimate interests.
Public Interest:
This basis applies if the data processing is vital for a task that is clearly in the public interest or part of an official function with a clear and present basis in law.
Vital Interest:
The basis that really means what it says, vital interest revolves around processing data that is necessary in order to protect someone’s life.
Legal Obligation:
Some forms of data processing are necessary for you or your business to comply with the law; if that is the case then your basis is one of legal obligation.
Contract:
If data processing is necessary due to a contract that exists between you and an individual, or they have asked you to undertake specific steps prior to entering into a contract, this is a lawful basis for processing their data.
Consent:
If you have clear consent from an individual, to process their data for a specific purpose, then consent is your lawful basis for doing so.
Sometimes, your own lawful basis for processing data may be obvious, but sometimes not and this is important to get right the first time and ensure it is demonstrable. You may have more than one purpose for example or your circumstances and reasons for processing data may change over time.
Those are the occasions when the services of a GDPR specialist can really make a difference, if you need help and advice around this, or any other aspect of GDPR compliance then get in touch.
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