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PRIVACY & COOKIES

Data Protecton Act 1998,
Freedom of Information
Act 2000

aDaVista can guide you
through it

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Chartered Institute of Personnel and Development Logo Robyn Banks is an associate of the Chartered Institute of Personnel and Development (CIPD)
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CHANGES TO DATA PROTECTION

THE GENERAL DATA PROTECTION REGULATION 2018

Many people have been contacting us about the “General Data Protection Regulation” and it’s implementation.

What is the GDPR?
The GDPR is an EU Regulation which is being brought into effect across Europe by May 2018.  By the very nature of being a “Regulation” it will REPLACE the existing legislation.

But what about the UK and “BREXIT”?
The UK Government announced in October 2016 that the GDPR would come into force in the UK on 25 May 2018, regardless of our status in the EU.  The Information Commissioner’s Office (ICO – the UK regulatory authority on data protection) has been leading the way in pushing for reform of the existing legislation for a long time and the UK Government has taken this into account and stated that reform will be re-researched once we have left the EU.

Why is UK implementing the GDPR?
… Because both the UK and Europe will continue to trade.  Information (particularly digital) is a huge part of business now and having this “guidance“ legally in place across the board will help.

I am being encouraged to prepare for this – what do I do?
The ICO are publishing guidance on their website over a period of time in the lead-up to May 2018.  To this end they have published a “12 Steps” document that outlines the major changes, but we still await all the detail on what’s expected.

Good news!  The 12 steps document starts by saying :
…if you are complying properly with the current law then most of your approach to compliance will remain valid under GDPR…..”
For example, the GDPR talks of a certification scheme – this may well take the form of the current Notification scheme the ICO has in place
If you are already a client of ADAVISTA then you have no need to worry!  When there is a clear idea of exactly what is required in addition to existing compliance then we will be in touch! .

The first step is AWARENESS – congratulations you can tick that box as you are reading this document!

However,…. There will be new elements and significant enhancements – there are new accountability rules which require new documentation and Privacy Notices will need to be amended.
Some aspects of data protection under the 1998 Act have been considered “best practice” or “implicit” but under the GDPR these become legal requirement. For example – as it says in the 12 steps document – “A privacy by design and data minimisation approach has always been an implicit requirement of the data protection principles – However the GDPR will make this an express legal requirement”

Therefore this is the starting point for businesses.  There can be no generic approach for businesses and therefore a generic training course is difficult to devise. Each organisation across the UK will need to assess its own policies and procedures to ensure they are “fit for purpose” to meet the new rules.  Training courses will have to be specifically tailored.
Once we have ascertained at what level your compliance stands at now then we can take matters forward to implement the additional documentation/policies/procedures as may be required under the new law..

If you have any questions, why not getin touch and put your mind at ease.

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FREQUENTLY ASKED QUESTIONS
(More on FAQ page)

Q: Do I need to register a Notification with the Information Commissioners Office?

A: Regardless of how data are processed, compliance with the Act is a legal requirement. However, if you only hold data in a manual format, or electronically for three very specific reasons, then Notification may not be required. Best thing to be sure is check it out with a 'specialist'.

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Q: What is the Freedom of Information Act 2000?

A: A piece of legislation permitting access to information held by public authorities - came into force 1st January 2005.

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