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RICS APC QS (JL) > Data Management > Flashcards

Data Management Flashcards

1
Q

How long do you need to keep project data for?

A
  • 6 years if contract signed underhand, 12 years if signed as a deed
  • RICS recommends <15 years (limitation period for most legal claims)
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2
Q

What’s your understanding of Intellectual Property and Copyright?

A
  • Right to control use and ownership of original works
  • Generally created by employee, belonging to employer unless copyrights put in place
  • Common in construction for client to be granted license for use and reproduction of copyright material - i.e. right to use particular design by subcontracting specialist who retains control of original copyright
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3
Q

How does Stace protect client data?

A

Online filing system, password-locked files, restricted access to certain drives

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4
Q

Guidance note for Data Management?

A

RICS Data Management Guidance Note
(and Freedom of Information Act 2000)

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5
Q

Types of data systems used in your organisation?

A
  • Shared hard drives - confidential ones for certain clients
  • Backup servers
  • Online storage systems (one drive)
  • Software i.e. Teams
  • Project extranet
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6
Q

What is a project extranet system?

A

Network allowing external parties to view files on a secure platform

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7
Q

Advantages of extranet system?

A
  • Improves communication
  • 24hr access
  • Efficient
  • Secure (can apply different access and permission settings)
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8
Q

Disadvantages of extranet system?

A
  • Can be expensive
  • Requires maintenance
  • May require user training to operate
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9
Q

Benefits of cloud-based storage systems?

A
  • Easy access worldwide
  • Secure / password protected and backed up
  • Low set-up costs
  • Teams can work in ‘real time’ - multiple users access same docs (which can be synchronised)
  • Access control / restrictions / accessibility available for confidential files / folders
  • Convenient to send and share files
  • Relatively environmentally friendly
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10
Q

Sources of pricing data?

A

BCIS, SPON’s, benchmarking, in-house records and databases

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11
Q

What are pricing books?

A

Assist with estimating and valuing variations, cover major areas of construction process

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12
Q

What is BCIS?

A

Building Cost Information Service
- Provides cost and price data for UK construction industry, helping produce specific estimates, early cost advice, plan costs and benchmarks
- Part of RICS

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13
Q

Where does the data on the BCIS come from?

A

Real life projects, where members of the construction industry provide cost information that’s uploaded to database (following review by BCIS staff)

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14
Q

What cost data is submitted to the BCIS?

A

Elemental costs from pricing documents, including % for each element, details of contract, procurement and tendering route, description of works, GIFA, base date, location

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15
Q

What else is available on BCIS?

A

Cost analysis, indices, average prices, life cycle costing, wages, dayworks, schedule of rates, contract %, tender price studies

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16
Q

How does your company ensure accurate cost data uploaded?

A

Template for info, internal database system forwarded to relevant party

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17
Q

What influences the cost data we hold?

A
  • Level of detail provided, consideration and identification of project abnormals affecting pricing
  • Amount of cost data in particular location
  • Age of data
  • Project location
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18
Q

What is Meta Data and why is this important?

A
  • Info about a specific piece of data
  • i.e. when sharing cost planning doc, meta data can consist of info about author, file size, date of documentation, keywords to describe doc
  • Must ensure it’s afforded same level of care as other confidential info
  • Try to ensure not to share inadvertently
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19
Q

What different sources of info do you use in your day-to-day?

A
  • RICS guidance notes
  • Contract documentation
  • Previous tenders
  • Cost plans
  • Valuation data
  • Industry journals
  • Specialist subcontractor information
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20
Q

How do you manage these sources of info to ensure compliance with legislation?

A
  • If signed up to NDA, I ensure complete confidentiality - unable to talk with colleagues not party to project
  • Use lockable and secure document storage for hard copy documents
  • Electronic info kept securely on encrypted servers
  • Lock computer when away from desk, comply with IT policies & training
  • Obtain client’s written permission if sharing / processing info not available to public domain
21
Q

What is GDPR?

A

EU regulation on data protection and privacy in EU and EEA. Also addresses transfers personal data outside EU and EEA

22
Q

What is the purpose of GDPR?

A
  • Designed to harmonise data privacy laws across all member countries, greater protection and rights to individuals
  • Created to alter how business/organisations handle info
  • Potential for large fines and reputational damage if found in breach of rules
23
Q

Key persons outlined within GDPR?

A
  • Data controller - person decides how and why to collect and use data- must make sure processing data complies with data protection law
  • Data processor - Separate person processing data on behalf of controller, according to their instructions
  • Data subject - individual whom personal data is about
  • Data protection officer - leadership role required by EU GDPR, guarantor of compliance with data protection regulations for EU citizens, without replacing functions carried out by supervisory authorities. Oversees data protection approach, strategy and implementation
24
Q

Data processor vs controller?

A
  • Controller = entity determining purposes, conditions and means of processing personal data
  • Processor = entity processing data on behalf of controller
25
Q

What constitutes personal data?

A
  • Any info related to natural person / “Data Subject” - used to directly / indirectly identify person
  • Includes name, photo, email, bank details, social network posts, medical info
  • Legislation applies to electronic data + stored records that are easily searchable
26
Q

7 key principles of GDPR?

A
  1. Lawfulness, fairness and transparency
  2. Purpose limitation
  3. Data minimisation
  4. Accuracy
  5. Storage limitation
  6. Integrity and confidentiality (security)
  7. Accountability
27
Q

8 individual rights under GDPR?

A

To:
1. Be informed
2. Access
3. Rectification
4. Erasure
5. Restrict processing
6. Data portability
7. Object
8. Automated decision making and profilling
(+ diversity, inclusion and teamworking)

28
Q

Who enforces GDPR?

A

The Information Commissioner’s Office

29
Q

Penalties for breaching GDPR?

A

Up to 4% of company’s annual global turnover, or £17.5m

30
Q

Does GDPR still apply to UK?

A

Yes- has been kept in UK law as UK GDPR - guidance for UK businesses who receive data from/have offices in EU and EEA. EU GDPR No longer applies after 31st December 2020

31
Q

How does GDPR affect my work as a QS?

A
  • Need to consider amount of info stored
  • Timescales for keeping info
  • Sensitivity and how data is used daily - not having screen on view in public, locking computer, not holding data on USB / disks
32
Q

What must companies put in place to ensure GDPR compliance?

A
  • Raise awareness across business
  • Audit personal data
  • Update privacy notice
  • Review procedures supporting individuals’ rights and how consent is obtained
  • Identify and document legal basis for processing personal data
33
Q

What is the Data Protection Act 2018?

A
  • Controls how personal info used by organisations, business, or government
  • UK’s implementation of EU General Data Protection Regulation (GDPR)
  • Replaces 1998 legislation
34
Q

Key principles of Data Protection Act 2018?

A

Ensures data is:
- Used fairly, lawfully, transparently
- Used in way that’s adequate, relevant and relevant to only intended purpose
- Not retained for longer than necessary
- Processed securely inc protection against unlawful use/loss/destruction

35
Q

What are a person’s rights under the Data Protection Act?

A

To:
1. Be informed
2. Access
3. Rectification
4. Erasure
5. Restrict processing
6. Data portability
7. Object to use of data

36
Q

How do companies ensure compliance with data protection legislation?

A
  • Only retain data needed to perform day-to-day operations
  • If retaining someone’s data, ensure the person is informed and advised why they have it
  • Hold data securely
  • Keep info up to date, delete info no longer needed
37
Q

What is the Freedom of Information Act 2000?

A
  • Provides public access to info held by public authorities (in 2 ways)
    1. Public authorities obliged to public certain info about activities
    2. Public entitled to request info from public authorities
38
Q

What should you consider before destroying a document?

A
  • Is the document an original contract/legal doc?
  • Could the doc be required for litigation / other proceedings?
  • Does the doc relate to a live project?
  • Is a back-up copy available?
39
Q

What measures could be taken to protect commercially sensitive info?

A
  • NDA in place
  • Physical separation of staff
  • Security of stored info, i.e. locked filing cabinets, password protected servers
40
Q

Are there ways we can protect data when transferring on client’s behalf?

A
  • Encryption, password locking
  • Recorded special delivery
  • Mark as confidential
  • Use secure networks and software
41
Q

What is an info barrier?

A

Physical and/or electronic separation of individuals within same firm- aim to protect confidential information

42
Q

What does the term confidentiality mean?

A

Info provided but subject to confidence and not shared without permission

43
Q

If 2 separate departments in your firm were working for 2 rival companies, how would you ensure client sensitive data was managed?

A
  • Make client aware of risks involved and ensure they understand the conflict of interest
  • Ensure they consent to continue (through written confirmation)
  • Exclusivity of staff arranged
  • NDAs considered
  • Separate working locations for team
  • Secure document and data storage arranged for separate teams
44
Q

What is the meaning of a non-disclosure agreement?

A
  • NDA- protect against sharing confidential data, usually prior to confidential data being shared
  • Often used when sensitive, innovative or intellectual property is shared to prevent being used by competitors
45
Q

What can you do to protect commercially sensitive info?

A

Only print docs when necessary, use Atkins sensitivity rating, log out/lock screen when not at desk, only keep data for min time required, don’t work in public places

46
Q

What is BIM?

A
  • Process for creating and managing info. Key output is digital description for every building aspect, updated throughout RIBA design stages
  • Enables increased coordination optimising efficiences and greater whole life value for asset
47
Q

Different levels of BIM?

A
  • L0. No collaboration, 2D info, output via electronic prints/paper
  • L1. 2D statutory approval info, 3D CAD for design work, electronic info sharing (usually managed by contractor)
  • L2. Collaborative working with info exchange process- coordination between all parties. Export info to formats i.e. Industry Foundation Class (IFC) and Construction Operations Building Information Exchange (COBIE) Government’s min target.
  • L3. Not yet defined- vision outlined in govt L3 strategic plan- aim to create ‘Open Data standards’ enable data sharing across whole market, fully cooperative, driving public sector use of BIM
48
Q

Case law relating to BIM?

A

Trant vs Mott McDonald sets precedence for who is responsible for owning database

RICS APC QS (JL) (23 decks)

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