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
Data has to be collected for a pre-defined and specific purpose and only for as long as necessary for that same purpose.
When it comes to personal data, only process that which you need.
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.
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.
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…
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 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?
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 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 siz0e and scope to achieve compliance, improve efficiency and enjoy the many other benefits of a good data inventory practice. These are the questions that inform important aspects of my work with them.
If you would like to learn more, get in touch, or 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:
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.
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.
The basis that really means what it says, vital interest revolves around processing data that is necessary in order to protect someone’s life.
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.
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.
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.
It is a sobering thought that every one of us has a long, intricate trail of data out there in the wider world.
Personal data, in the form of email addresses, names, where we live, our families, friends, employment records, IP addresses… Each trail is specific to us; its contents can totally identify us.
However, another trail running parallel to the first with much more sensitive data that, in the wrong hands, could be used to target us, such as our medical histories, sexuality and our gender, race and religion.
-All that, and we haven’t even started to mention Social Media profiles…
Cutting through the confusion
Information about your clients, suppliers, employees and other associates or stakeholders is your responsibility. Knowing exactly what that data is, where it is held (off-site, in the cloud or the filing cabinet, for example,) and the lengths of time you are obliged to keep it for are all important legal requirements.
If you run a business, you will handle data just like that listed above and doing so is more of a responsibility than ever before.
It’s a worthwhile task to undertake, for legal compliance obviously, but for other reasons too:
- Upholding people’s rights
- Acting fast to address issues such as data breeches and cyber crime
- Plan more focused, effective marketing strategies
- Your customer relationships and reputation will lift you above the competition
- You get a secure, organised and data-accurate business
Those are just some of the benefits of handling data correctly, but how on earth do you get to that point?
Don’t panic! Help is out there
If you are confused or concerned by issues surrounding the data you hold, don’t worry. You are not the first, and you are certainly not alone in feeling that way. The first step, the only step that really matters at the beginning of that journey towards data handling compliance and peace of mind, is this-
Establishing exactly what data you hold
I can’t stress this enough, every data audit and every conversation with a GDPR specialist such as myself begins with a long, careful look at exactly what data you handle. It is THE most important job on day one…
We can then follow the legal framework and guidelines to ensure it is handled in a safe and compliant way.
The Information Commissioner’s Office (ICO) is another valuable resource offering the help, and support businesses need to ensure data privacy. Their website offers simple to understand guides about data protection aimed at SME’s and even checklists and self-assessment tools such as this one.
If your business handles personal data, you should already be familiar with the ICO and the annual data protection fee, unless exempt. You can check if the fee applies to you here.
The ICO is a supervisory body and goes the extra mile to offer help and advice to individuals and organisations.
The excellent book ‘GDPR for Dummies’ by Suzanne Dibble cuts through much of the jargon with straightforward, easy to understand help and advice.
Lastly, but by no means least, there is me! As a certified Data Protection Officer, I can offer the help and support you need to ensure you ‘know your data’, and you’re handling it perfectly.
Why not send me a message, live chat or request a call any time? I’d love to help.
Data Protection is not something new. It goes back to 1948 and The Universal Declaration of Humans Rights. It has come a long way since then, most notably with GDPR. These were agreed upon by the European Union back in April of 2016 and came into force in May 2018. In the UK, GDPR was enshrined in the Data Protection Act 2018.
Knowing exactly what GDPR is all about, why we need to do so, and why it is important are all a big deal because if things go wrong just once, it’s already too late…
What is GDPR?
Basically, it is the umbrella term for the set of legal requirements that govern how we handle people’s information. That information might be personal information such as cookies, names, addresses and other contact details. It might be sensitive information, such as ethnicity, medical history, sexuality or even credit card details. General Data Protection Regulations cover both digital and hard copy information.
Why do we need to understand it?
To put it simply, it’s the law, and we need to understand it to ensure that, (much like every other legal requirement), we know and can demonstrate we are doing things the right way.
For many, Brexit has caused some confusion around the steps they need to take for continued compliance. It’s essential to remember that the Data Protection Act 2018 encompasses GDPR and stretches way beyond the EU borders. If you are UK based and dealing with EU clients or businesses, GDPR is just as important as before.
Post-Brexit, UK data protection laws still incorporate all the key elements of GDPR, meaning that for businesses. The expectations are much the same as before. Understanding the legal requirements and doing things the right way can carry a range of benefits for your business, such as:
- Protection from cybersecurity threats, data theft, fraud and breaches
- Proof of the lawful, fair and transparent way you do business
- The best image for your brand and the ability to do business with a wider range of partners
Why is it important?
Integrity and confidentiality are vital for data security. Having the measures in place that prove good physical and technological security levels go a long way towards demonstrating compliance. It can also foster a positive and forward-thinking culture that can drive your business forwards.
Good data compliance can also drive efficiency. It prevents organisations from effectively hoarding more data than they need by ensuring they collect only relevant information for its intended purpose.
Businesses can also demonstrate the provision of the legal rights for employees, clients and individuals (data subjects) concerning:
- An individuals rights to be kept informed about the reasons why their data is held and who it might be shared with
- Their rights to access the data held about them on request
- The right to change data if it is wrong or incomplete
- Their right to be forgotten if there is no good reason for their data’s continued storage
- The right to restrict data, if it is wrong or has been processed inaccurately
- The right to opt-out of any automated decision making processes their data might be used for
We can see GDPR hasn’t gone away. In fact, post-Brexit and with so many of us working remotely, in an ever-changing business world these days, it’s become more relevant than ever.
If you have questions or concerns about GDPR compliance, I can help put your mind at ease or work out the answers.
Let’s work together to ensure GDPR compliance in your organisation.