Data Management

Question 1

What is the Data Protection Act 2018?

Answer 1

• The act replaces the previous 1998 legislation and manages how personal data is processed by organisations and the government
• It is the UK legislation for the implementation of the EU General Data Protection Regulations (GDPR).

Question 2

What are the key Principles of the Data Protection Act 2018?

Answer 2

The act ensures that data is:
- Used fairly, lawfully and transparently.
- Used in a fair way that is relevant and limited to only the purposed use it is intended.
- Is retained for no longer than is necessary.
- Processed securely including the protection against unlawful use, loss or destruction.

Question 3

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

Answer 3

People have the right to:
- Be informed about how their data is being used,
- The right to access their data.
- The right to have incorrect information updated.
- To have their data erased.
- To stop or restrict the processing of their data.
- The right of portability.
- To object to the use of their data.

Question 4

What is your understanding of the term confidentiality?

Answer 4

Where information is provided but is subject to confidence and not shared without permission.

Question 5

What is your understanding of intellectual property and copyright?

Answer 5

• This is to control the use and ownership of original works.
• Work is generally created by an employee and usually belongs to their employer unless copyrights are put in place.
• It is common within construction for a client to be granted license for use and reproduction of copyright material which should be clearly defined.

Question 6

What is the freedom of information act 2005?

Answer 6

• This is a UK primary legislation that controls the access to official information.
• The act permits the public right of access to information held by public authorities.

Question 7

What are the benefits of cloud storage systems?

Answer 7

• Information is backed up securely in encrypted servers.
• Accessibility can be managed via online stores.
• The costs of physically storing files is expensive and sharing files online is more convenient than mailing files.
• Cloud systems are more environmentally friendly.
• Multiple users can access the same documents.
• Documents and folder systems can be synchronised.

Question 8

What different sources of information do you use day-to-day as a building surveyor?

Answer 8

• RICS Guidance Notes and Professional Standards
• Contract Documentation
• Previous Tenders
• BCIS / other valuation data.
• Industry journals.

Question 9

How do companies ensure compliance with the Data Protection legislation generally?

Answer 9

• They should ensure that they only retain data to perform their day-to-day operations.
• If they are retaining a company or organisations data they should ensure the person is kept informed and that they understand why the data is being stored.
• They should hold the data securely.
• They should also keep the information up to date and delete information that they no longer need.

Question 10

What are the key persons outlined in the Data Protection Act 2018?

Answer 10

1. Controller: -
   - The natural person or legal entity that determines the purpose and means of processing personal data.
   - For example, An employer is considered the controller when processing employees personal data.
2. Processor
   - The natural person or legal entity that processes personal data on behalf of the controller.
   - For example, a call centre acting on behalf of its clients is a processor.
3. Data Protection Officer
   - The data protection officer is a leadership role required by the data protection act.
   - This role exists within companies that process personal data of citizens.
   - DPO’s are responsible for overseeing the data protection approach, strategy, and its implementation.