Data management Flashcards
What is the Data Protection Act 2018?
- UK’s implementation of the General Data Protection Regulation 2016 (GDPR)
- Complete data protect system – as well as governing personal data covered by GDPR, it covers all other general data as previously covered by the 1998 Act
What is GDPR?
- General data protection regulation
- Relates to personal data
- It is an EU law that protects the fundamental rights of data subjects whose personal information and sensitive data are stored in organisations
When did GDPR come into force?
25th May 2018
What are the key requirements under GDPR?
- Obligation to conduct data protection impact assessments for high risk holding of data
- New rights for individuals to have access to information on what personal data is held and to have it erased
- A data controller decides how and why personal data is processed and is directly responsible for GDPR
- ‘Data accountability’ ensuring that organisations can prove to the Information Commissioners Office (ICO) how they comply with the new regulations
What happens if you breach GDPR? What is the penalty?
- Data security breaches need to be reported to Information Commissioners Office (ICO) within 72 hours where there is a loss of personal data and a risk of harm to individuals
- An increase in fines up to 4% global turnover of the company or €20m (whichever is the greater)
- Policed by the ICO
What does Article 5(1) of GDPR state in relation to the relevance of data?
Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
What does Article 5(1) of GDPR state in relation to the accuracy of data?
Data must be accurate and, where necessary kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purpose for which they are processed, are erased or rectified without delay
What does Article 5(1) of GDPR state in relation to the form which data is kept in?
Data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
What does Article 5(1) of GDPR state in relation to the the processing of data?
Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisation measures
Who does Article 5(2) of GDPR state is responsible for the compliance with the principles outlined in Article 5(1)?
The data controller shall be responsible for, and be able to demonstrate compliance with the principles
What are the 8 individual Rights under GDPR?
AIRER POA:
- Right of access
- Right to be informed
- Right to rectification
- Right to erasure
- Right to restrict processing
- Right to data portability (to use for their own purposes)
- Right to object
- Rights to automated decision making and profiling (as undertaken by insurance companies
How has your firm changed their data management practices to comply with GDPR?
- Conducted data protection impact assessments i.e. evaluated risks associated with holding information about individuals
- Ensure data accountability through the appointment of a named data controller
- Contacted individuals who were on distribution lists to confirm that they wanted to be contacted
- Trained staff
- Ensured correct firewalls were in place to ensure appropriate security of personal data
Under GDPR, would you be able to transfer personal data you hold outside of the UK?
GDPR restricts transfers of personal data outside the European Economic Area (EEA), unless the rights of the individuals personal data is protected in another way
Who has received the largest fine under GDPR?
British Airways received a £183m fine in 2019 after hackers stole the personal data (including login, payment card, name, address and travel booking information) from 500,000 customers
What is the Freedom of Information Act 2000?
Gives individuals the right of access to information held by public bodies
What does the Freedom of Information Act 2000 require of public bodies?
- Public body must tell any individual requesting sight of information whether it holds it
- Normally the public body is required to supply it in 20 working days in the format requested
- It can charge for the provision of the information
What are the exemptions from the Freedom of Information Act 2000?
- Contrary to the GDPR requirements
- It would prejudice a criminal matter under investigation
- It would prejudice a person’s/organisation’s commercial interest
What do you understand by the term security of data?
Means ensuring that data is kept safe from corruption and that access to it is suitably controlled to ensure privacy and protection
How can security of data be improved?
- Disk encryption - encrypting data on a secure hard disk drive
- Regular back ups off site
- Password protection
- Use of anti-virus software protection
- Firewalls and disaster recovery procedures
What does copyright mean?
- A set of exclusive rights granted to the author or creator of any original work, including the right to copy
- These rights can be licensed, assigned or transferred
- Form of intellectual property
What does Crown Copyright cover?
All materials created and prepared by the Government, such as laws, public records, official press releases and OS mapping
What is a deed?
A legal document made under seal
How can you prove ownership of land which is not registered with the Land Registry?
The Deeds will set out information about the ownership and details of a property
What do the Land Registry provide upon request and payment?
Copy of the official Title Register for registered property or land in the UK
What does Title indemnity insurance cover?
- Protects a party for any claim arising from the title of a property e.g. title defects, restrictive covenants and easements
- Paid as a one-off premium
What are restrictive covenants?
- Agreement to restrict the use of land in some way for the benefit of other land users
- They are enforceable by successors as they run with the land
How can a restrictive covenant be removed?
Make an application to the Upper Tribunal (Lands Chamber) but the grounds for discharge are very strict
What are the RICS Data Standards, 2018?
- Set of standards to support the capture, verification and sharing of data in a common format
- They address issues of digital data consistency
What data are the RICS Data Standards, 2018 already available for?
- International Property Measurement Standards (IPMS)
* International Construction Measurement Standards (ICMS)
What additional data are the RICS Data Standards, 2018 going to be made available for?
- International Valuation Standards (IVS)
* International Land Measurement Standard (ILMS)
As a result of our eventual departure from the European Union, will GDPR still apply in the UK?
Government has been consistent in saying that it will still adopt all of the provisions of GDPR. Most of them have already be written into UK law through the Data Protection Act 2018
What does the colour coding on Title Plans represent?
- Red Line – boundary of registered land
- Green Line – boundary of land removed from title
- Green Shading – land excluded from the title but within area
- Blue shading – right of way on registered land for use by other land
- Orange shading – right of way on other land for use by registered land
What is included in a Land Registry title register?
- A: Property register - description of the property, tenure, the date the property was first registered and any rights it may benefit from e.g. private right of way
- B: Proprietorship register - name and address of the current owner, when they bought the property, how much was paid for it (if sold since 1 April 2000), any restrictions that limit the power of the owner and the class of the title
- C: Charges register - mortgages and other financial burdens received on the property. Other rights or interest that limit how the land or property can be used e.g. leases, rights of way or covenants
What is a SAR?
- Subject access request
* Gives individuals rights to request any ‘personal data’ held on them. This right is a principle of GDPR
What is “personal data” as defined by GDPR?
Personal data are any information which are related to an identified or identifiable natural person e.g. the telephone number, email address
What professional statement is the RICS planning on releasing relating to the encryption of data and use of cloud-based storage facilities?
Data Handling and Prevention of Cybercrime, 2020
What will be contained in the professional statement on Data Handling and Prevention of Cybercrime , 2020?
- Best practice and 24 mandatory obligations
- Advise on matters such as encryption to protect data on portable devices, best practice when using cloud-based storage facilities (e.g. Dropbox, OneDrive and Google Drive) and ensure appropriate data handling policies are in place in the event of a data breach or malware attack
- It will sit behind the legal requirements of the Data Protection Act 2018 in the UK
What should you do when transferring personal data outside of the European Economic Area (EEA) in order to act in accordance with GDPR?
- Confirm whether the restricted transfer is covered by an “adequacy decision” i.e. the data protection framework is robust enough in that region
- If not it can be covered by an ‘appropriate safeguard’ or ‘exception’
- Ensure all data is encrypted
What did you include in your business case for the centralised risk management system?
Identification of key legislative requirements that have to be met by them and how the plan helps them to do this
