Privacy management can be a contentious issue. Isn’t it the business’s data when I have it? The data is out there, so why can’t I use it? Why should businesses care about the management of data and privacy?
History
The Universal Declaration of Human Rights in 1948, has one of the earliest statements towards the right to an individual’s privacy.
That was over 70 years ago, and the rights of an individual, in relation to privacy, are still being defined and redefined; 1973 and the first Data Act, in Sweden. The 1998 Data Protection Act in the UK and then, subsequently, the 2018 General Data Protection Regulations (GDPR), led to countries around Europe updating their own data protection laws.
Businesses have adapted and changed in 70 years, especially with the advancement and speed in technology. Hence the changes and updates in legislation, especially in relation to information sharing.
Privacy conflict
Businesses need data to run their businesses. Ideally, many businesses would say, they need to gather information to contact prospective clients and use that data as they want within their business. Look at the big tech companies, like Meta, Google and Amazon, who rely on the collection and ‘reusing/distributing’ of data as a fundamental cornerstone of their business. The selling of data can be a considerable income stream.
It is no wonder that businesses, no matter how big or small, have difficulties with privacy; especially when you have to balance the needs of the business with the needs of the individual. The individual has rights!
And there is the conflict. Many businesses argue either the information is out there or that the person has given it to them, so why can’t I use it the way they want to?
Good data management is good for business. Having everything in place can mean that things run smoother, and ore importantly, it can help reduce costs (especially in relation to software).
Who’s data is it?
GDPR set out to clarify the importance of privacy and data security. More importantly, it determines who the owner of the data is. The individual owns the data, and not the business. Businesses are, in effect, custodians of the information held by a living person. As a result, they have to follow the principles of the regulations.
Lawfulness, Fairness and Transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality
Accountability
In short, that means that businesses need to
Identify the legal reason for collecting and storing the information AND have a way of informing the individuals.
Ensure individuals’ rights are protected and acted upon.
Only use the information for the purpose it was collected. This means we can not collect information and then use it for whatever reason we want, regardless of it being in the public domain.
Only collect and store the bare minimum we need for the minimum amount of time we need to store it
Ensure that the information we keep is accurate and if not correct it
Ensure that the data is not lost or destroyed
Being able to show compliance with the legislation.
Managing privacy
Saying we are data protection compliant is not enough. Businesses need to prove it. Some key areas to look at are
Know your data
Map out what data you collect, save and keep; for what reason, and where it is.
Only use it for the purpose collected
One example of this is, networking contacts can not be added to your email marketing or send sales emails. They consented for you to have their details; they did not consent for you to add them to your email marketing
Keep it up-to-date and accurate
Account status, contact information, and payment history.
Assess, review, and update
Assess what documentation you have and need
Review for updates and changes in practice
Look at trends in data security
Secure it
Ensure that physical material is locked away securely
Ensure digital devices are secure and backed-up
Training
Train your staff on what is data protection, and IT security
Have policies and processes in place, so they know what to do
Keep records
log incidents and lessons learned
keep records of equipment, software
risk assessments and DPIAs
Sounds complicated?
It doesn’t need to be complicated. Help is at hand. As a data protection specialist, I am here to support and assist with your data protection woes. Why not get in touch?
If GDPR and compliance are a concern for you or your organisation, don’t worry. Taking all the different aspects in at once can (and probably has) caused everyone to feel a little overwhelmed at some point. But it doesn’t need to. Here are the five tips to know about and why they matter.
Transparency
When it comes to GDPR, transparency is a fundamental principle. The reason why that’s the case is simple. It gives individuals as much control over their data as possible and facilitates their rights.
Control and rights are both fundamental underpinning principles of GDPR.
How does a company demonstrate transparency? The content of privacy notices is a good start. Good, compliant examples include
the contact details of the company;
if required, the Data Protection Officer,
the purpose and lawful bases for processing the data
and the categories of personal data you hold to name a few.
Mapping your data
Data mapping confuses some, but its principle is relatively easy. Mapping your data means establishing what information you hold and exactly how it flows through your company. This type of audit (also known as a mapping exercise) should be performed regularly by assigned individuals.
Doing so ensures it is maintained and amended as needed by a person or persons who are aware of their responsibilities.
Reporting breaches
Breaches can unfortunately happen, and on a long enough timescale, something similar to the list below probably will.
Data breaches can take many forms, such as:
Device loss or theft
Phishing scams
Hacking
Lost or stolen external USB drives
Breaches can also result from carelessness or lack of awareness, such as unattended computers and, especially recently, working from home on unauthorised personal devices and unprotected networks.
Reporting breaches of personal data have been mandatory since before the GDPR came into force. It just became more visible,, and the assessment for reporting changed. The Information Commissioner’s Office has a dedicated section for more information about breach reporting.
Knowing your subject’s rights
Data subjects have a wide range of rights relating to the data you hold about them, making it essential to know why you are processing the information you hold about them.
Data subjects have some or all of the following rights:
The right to be informed (Including why you are processing their data, how long you intend to retain it and who you might share it with.)
A right of access (Typically referred to as a Subject Access Request or SAR which must be dealt with in a timely way.)
The right to rectification (If the subject feels their data is incomplete or inaccurate.)
A right to erasure (Also known as the right to be forgotten, sometimes for legal reasons this may not always apply)
The right to restrict processing (In certain circumstances, an individual as the right to store their data but to stop you using it.)
A right to portability (The right to obtain their data and reuse it for another purpose or service.)
Being accountable
For both controllers and processors, demonstrating compliance and putting measures in place to meet the requirements for accountability will mitigate the risk of enforcement action. Still, it will also build trust in your business and its services and raise you above the competition.
For help and advice around transparency, avoiding breaches, mapping the data you use, subject’s rights and accountability, get in touch today; I’d love to offer you help and advice in the field I specialise in.
It is always good to look to the past and present to plan for the future. Using this information, we can put in place plans and goals for the coming year, along with the actions needed to fulfil them in a rapidly changing world. With that in mind, December is Write a Business Plan Month.
It is an excellent opportunity to reflect on the past year, plan for the year ahead, and try to future-proof our businesses. In the last five years, businesses have had to deal with so many different issues; some that could have been planned for (BREXIT), some that were never anticipated (COVID).
The New Year is an excellent time for businesses;
to review what worked and what could be improved
What processes may be streamlined
look at different ways to operate,
React and adapt to change as standard.
Business planning and strategies must be even more effective if the visions and goals for the year ahead are to be reached. But business planning is not all about what we want from our business and where we want it to be in 12 months. We must look at what is happening around us that may impact or influence them.
Tools for business planning
The positive news is that the last few years have shown us how reactive and adaptable we can be when things go unstable; we can excel at thinking outside of the box to withstand everything a tumultuous year has thrown at us.
PESTLE
PESTLE is an acronym for a great strategic planning tool that looks externally and how It can impact the business
P: Political
E: Economic
S: Social
T: Technology
L: Legal
E: Environmental
Things that we may include;
Possible interest rates rise
Fuel costs
Changes in legislation, including data protection
inflation rates
Political instability
Highlighting the issues can help assist complete the SWOT.
SWOT
The SWOT looks at internal Strengths and weaknesses and external Opportunities and Threats. It can be carried out for a business or a project and can be seen by many as an essential strategic tool.
Internal factors include personnel, finance, services/manufacturing capabilities, and the marketing 4Ps (product, price, place and promotion). The PESTLE above is a great place to start when looking at external factors.
Business Canvas Model
The business canvas model is a strategic management tool that allows you to describe how a business intends to make money. It explains who your customer base is, how you deliver value to them, and the related details of financing. And the business model canvas lets you define these different components on a single page.
Building in Adaptability with a Consultant
As many businesses look to future-proof their operations in the short to mid-term, versatility and flexibility will be common factors. It makes sound business sense to look externally to help get a fresh perspective. It is no coincidence that in recent times, outsourcing and freelancing have seen exponential rises in popularity as organisations seek lean, efficient solutions that don’t cost more than they need to…
Visions and goals for the year ahead
If you are planning for 2023, why not get in touch to learn more about how we can support you and your business to plan to achieve future compliance and growth, or book a free clarity call?
Whenever compliance and accreditation are discussed, many of us focus on ensuring everything is okay without considering the potential benefits.
We think about the mandatory things we need to do to ensure our products and services are legally safe, that they adhere to the standards set out for them and that our teams are working in a safe, compliant environment.
We invest a lot of time and resources into ensuring those boxes are ticked; we have to, after all! However, there is also a whole range of other accreditation and certification that isn’t mandatory.
You and your business have already put in the hard work to get the compliance you need; is it worth your time to bother with anything else?
Yes, it is. It can pay off in all kinds of ways…
Gaining an edge
You don’t need me to tell you any competitive business advantage is worth grabbing with both arms. Taking compliance and accreditation to the next level is a powerful way to do that…
Boost your reputation and allow you to gain a competitive edge over others in your industry
Win you more business and empower you to bid for lucrative contracts with external agencies
Improve the inner ethos of your organisation, maximising staff morale, productivity and giving your teams a real sense of pride
Win trust and confidence in your business, which can be essential in some sectors, such as social care or the financial sector
Drive growth for small to medium-sized businesses
Accreditation can highlight legal compliance, green credentials, and an ethos of sustainability.
Investing in your business and its people
The range of accreditation out there for your business can be considerable. It ranges from ISO standards like ISO 27001 (managing information), ISO 45001 (occupational health and safety), and ISO 9001 (quality management) to industry-specific accreditation that will allow you to bid for contracts with government agencies, schools, and the NHS. For charitable organisations, accreditations such as NCVO can demonstrate their trustworthiness and win the confidence of potential donors.
On an individual level, accreditation can also have a positive impact; mental health champions, data protection, and safeguarding, to name just a few, are all precious accredited courses for key employees; they might also go some way towards gaining Investors in People accreditation, an award which any forward thinking company should be proud of.
A sign of quality that is easy to share
Showcasing your accreditation is an easy and effective way to show your qualities to the world and prove that you stand head and shoulders above your competitors. You can add them to your website’s homepage as logos, share them via your social media channels, blog about the important part they play in your company’s story, send out newsletters and even contact the local paper!
You’ve gone the extra mile, after all. Why wouldn’t you want to shout about it from the rooftops with pride and passion?
If you are working towards gaining accreditation to drive growth and demonstrate your quality, collating the right materials and information and presenting it in the correct format is essential. Failing to do so can cost you time, money, and more than a bit of frustration.
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