12. Consumer Protection & Dispute Resolution

Question 1

What is sensitive personal data?

Answer 1

Special categories of personal data including race, sexual orientation and religion

Question 2

What are the 6 data protection principles? All personal data should be

Answer 2

1. Processed lawfully and fairly in transparent manner
2. Collected for specified, explicit and legitimate purposes
3. Adequate, relevant and limited to what’s necessary
4. Accurate and kept up to date
5. Form where identified no longer than necessary
6. Processed ensuring appropriate security

Question 3

What consent is required for processing personal data?

Answer 3

Freely given, specific, informed and unambiguous indication of individuals wishes

Question 4

What rights are created / strengthened by GDPR?

Answer 4

• Right to be informed
• Right of access
• Right to rectification
• Right to erasure
• Right to restrict processing
• Right to data portability
• Right to object
• Rights in relation to automated processing

Question 5

What are the consequences of GDPR breach?

Answer 5

Up to €20m or 4% global annual turnover

Other breaches - up to €10m or 2% global annual turnover

Question 6

What is the Data Protection Act 2018?

Answer 6

How UK implemented GDPR standard and clarify definitions
Ensure sensitive health, social care and education data processed for confidentiality
Allow certain processing when strong public policy justification or national security
Age of parent consent not needed at 13

Question 7

What additional powers did DPA 2018 give to Information Commissioner?

Answer 7

Higher fines of up to £17m (€20m) or 4% annual global turnover and bring criminal proceedings

Question 8

What is money laundering?

Answer 8

Process where criminals and terrorists convert illegally obtained money into legitimate funds
3 stages: placement, layering and intergration

Question 9

What 3 legal rules apply to money laundering?

Answer 9

Specific laws, money laundering regulations and regulatory rules

Question 10

What is the Criminal Justice Act 1993?

Answer 10

Extends scope of 1988 Act making it criminal to launder money from crimes other than drug trafficking and terrorism
Requires people to report knowledge or suspicion

Question 11

What are the 3 principal offences under the Criminal Justice Act 1993?

Answer 11

1. Assistance to criminal as know, suspect or ought to that ML is taking place - max 14 years
2. Failing to report knowledge or suspicion - max 5 years
3. Tipping off - max 5 years

Question 12

What is the Proceeds of Crime Act 2002?

Answer 12

Extends offences for ML:
- Concealing, disguising, converting or transferring criminal property or removing from UK
- Acquiring, possessing or using criminal property
- Failing to disclose someone is ML

Question 13

What is the Serious Crime Act 2007?

Answer 13

Extended range of serious crime prevention orders
All activities transferred to serious organised crime agency which merged into National Crime Agency

Question 14

What is the Serious Crime Act 2015?

Answer 14

Legislative proposals, builds on current law to ensure NCA, police and other law enforcement agencies have the power they need

Question 15

What are the Money Laundering Regulations 1993?

Answer 15

Requires creation and maintenance of systems to prevent and control ML

Question 16

What are the Money Laundering Regulations 2017?

Answer 16

Covers wide range of businesses including credit and financial institutions, auditors, accountants etc
- Customer due diligence (verify identity of customer and purpose of business
- Policies and procedures
- Registration
- Enforcement