Data Management - Level 3 Flashcards
What is GDPR?
General Data Protection Regulations (2016) effective May 2018
It aims to create a singe data protection regime for the EU.
How is data protection legislated in the UK?
UK GDPR 2020
Data Protection Act 2018 implemented GDPR (2016)
Replaced DPA Act 1998
What are the principles under the Data Protection Act 2018?
Used lawfully, fairly and transparently
Collected for specified and legitimate purposes
Accurate
Retained for no longer than is necessary
Processed securely including the protection against unlawful use, loss or destruction.
What are the 8 individual rights under GDPR?
Informed
Access
Rectification
Erasure
Restrict Processing
Data Portability (their own use)
Object
Automated Decision Making and Profiling (Insurance companies)
Who are the key persons outlined within GDPR?
Controller - Determine the purposes and means of the processing of personal data. (Employer)
Processor - Processes personal data on behalf of the controller. (Call centre)
Data Protection Officer - Oversees the data protection approach, strategy and its implementation. Leadership role required by GDPR (2016).
What are some changes brought about by GDPR?
Data Controller responsible for GDPR
Individuals can request what personal data is held and request it is deleted
Who is GDPR policed by?
Information Commissioners Office (ISO)
What do you know about forthcoming data legislation?
On 8 March 2023, the Government published the Data Protection and Digital Information Bill (2nd).
The New Bill looks to reform the current UK data protection framework comprising of UK GDPR, the DPA 2018 and the Privacy and Electronic Communications Regulations 2003.
Intended to make data protection legislation simpler for businesses to understand and implement.
What is the Freedom of Information Act 2000?
Primary piece of UK legislation controlling the access to official information
Allows an individual to request access to information held by a public body.
What are the timescales for requesting information under the Freedom of Information Act 2000?
20 working days in the requested format
A fee may be charged
What is personal data?
Under GDPR, Personal data is any information which is related to an identified or identifiable natural person.
What is a non-disclosure agreement?
NDAs are used to protect against the disclosure or sharing of any confidential data.
What is a subject access request?
SAR - demand that the individual be given all information that a company holds on them.
What is copyright?
A set of exclusive rights granted to the author or creator of any original work, including the right to copy which can be licensed, assigned or transferred.
What is meant by confidentiality?
Where information is provided, but is subject to confidence and not shared without permission.
What is Meta Data and why is this important?
Meta Data is information about a specific piece of data, e.g., file size, author, date a document was created
It is important as we must ensure that Meta Data is afforded the same level of care as all other confidential data.
What are the benefits of cloud based storage systems?
Information is backed up securely on encrypted servers.
Accessibility can be managed via online settings.
Often cheaper than costs of physically storing and managing files.
Convenient to send/share files online
More environmentally friendly
Multiple users can access the same documents
Documents and folder systems can be syncronized
What different sources of information do you use in your day to day work?
How do you manage these sourced of information to ensure compliance with the legislation?
How does your firm ensure compliance with Data Protection Act 2018?
What data is held in your office?
What do you need to do if you have a data breach?
Notify the Information Commissioners Officer (ICO) within 72 hours of the breach occurring
What are the fines for non-compliance with GDPR?
Up to 4% of global turnover or 20 million euros (whichever is greater)
Describe a time you have used property records to communicate complex, reasoned advice?
What is some best practice to employ in managing data?
What are the main aims of the Equality Act 2010?
The Equality Duty has three aims. It requires public bodies to have due regard to the need to:
1 - eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;
2 - advance equality of opportunity between people who share a protected characteristic and people who do not share it;
3 - foster good relations between people who share a protected characteristic and people who do not share it.
What act implemented the GDPR in the UK?
Data Protection Act (2018) which replaced the Data Protection Act 1988
What are the principles of the Data Protection Act 2018?
Processed lawfully, fairly and in a transparent manner
Collected for a specified and legitimate purpose
Accurate
Not transferred to countries with less information than your own
What are the individual rights under GDPR?
There are 8:
Information
Access
Rectification
Erasure
Restrict Processing
Data Portability
Object
Automated decision making
What are the principles of GDPR?
There are 7:
Lawfulness, fairness and transparency
Purpose of limitation - be specific about the purpose of the data collection
Data minimisation - only collect it when you need it
Accuracy
Storage limitations - store data for a necessary limited period and then erase
Integrity and confidentiality - keep it secure
Accountability - record and prove compliance
What is your understanding of the term confidentiality?
Where information is provided but is subject to confidence and not shared without permission
What is your understanding of Intellectual Property and Copyright?
This is the right to control the use and ownership of original works.
Work generally created by an employee usually belongs to their employer unless copyrights are put in place.
What is the Freedom of Information Act 2005?
Primary piece of UK legislation that controls the access to official information.
The act permits the public right of access to information held by public authorities.
Information must be published through the public authorities publication scheme.
The act covers all information held and not just information since the act came into effect
What is data?
Information - especially facts or numbers, collected to be examined and considering and used to help decision making
What data do you use to make decisions?
Local rental data
Valuation data
Location data
Measurement data
What is the purpose of the information Act?
The fair and and proper use of peoples personal data
How do you keep data secure?
Encryption
Firewalls
Don’t connect to open wifi
Passwords changed every 30 days
Not leaving devices in open car/ on desk etc
What is the freedom of information act?
A piece of legislation that grants public access to documents or other data in the possession of a government agency or public authority
What are the public bodies?
Local authority
Council
HMRC
NHS
Police
Schools
Basic principles of FOI legislation
Maximum disclosure
Publish Key Information
Promote open government
Exceptions narrowly down
Processes rapidly and fairly
Minimum costs
What does it mean by maximum disclosure?
Shouldn’t be holding back things that should be shared with you unless their is good reason
What does it mean by publish key information?
Public bodies should be under an obligation to publish key information.
What does it mean by promote open government?
Public bodies must actively promote open government - democracy
What does it mean by exceptions narrowly drawn?
Should be narrowly drawn as to avoid including material which does not harm the legitimate interest.
What does it mean by processed rapidly and fairly
Requests should be dealt with promptly and should be treated equally and there should be an independent review of refusals
What does it mean by minimum costs?
Individuals should not be deterred from making request for information by excessive costs.
Name you main sources of data?
Historic England
Land registry
EGI
Rightmove
EPC
Council tax
Business rates
Inspections
Tenants
Landlords
What is your favourite professional standard?
RICS Red book global standards
Who makes the final decision if you act for the client or not?
Me - if I don’t feel confident then I will not act for the client.
What are rules of conduct?
These rules set out the standards of professional conduct and practice expected of members and firms registered for regulation by RICS
What are international standards?
High level standard developed in collaboration with other relevant bodies
What are professional statements?
Mandatory requirements for RICS members and regulated firms.
What are guidance notes?
A document that provides users with recommendations or an approach for accepted good practice as followed by competent and conscientious practitioners
What are codes of practice?
A documents developed in collaboration with other professional bodies and stakeholders that will have the status of a professional statement or guidance notes
What are Jurisdiction guides?
This provides relevant local market information associated with an RICS international standard or RICS professional statement. This is not guidance or best practice material, but rather information to support adoption and implementation of the standard or statement locally
What software and other systems do you use?
One drive
Central database
The hub
Share point
Word
Excel
How/where do you store data within your organisation?
Computer
Phone
Office - draws
How long should data be retained for?
As long as it is necessary
7-10 years for Vickery Holman depending on
