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MT APC > Data management / Property records/information systems > Flashcards

Data management / Property records/information systems Flashcards

1
Q

What is the Data Protection Act 2018/how different to GDPR?

A
  • UK’s implementation of the General Data Protection Regulation 2016 (GDPR)
  • Complete data protection system – as well as governing personal data covered by GDPR, it covers all other general data as previously covered by the 1998 Act
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2
Q

What is GDPR/what relates to/what aims (2)/rights created?

A
  • General data protection regulation
  • Relates to personal data
  • Aims to create a single data protection regime for anyone doing business in the EU and to empower individuals to take control of how their data is used by third parties
  • Gives people stronger rights to be informed about how their personal information is used
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3
Q

When did GDPR come into force?

A

25th May 2018

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4
Q

What are the key requirements under GDPR (obligation, rights, appointment/responsibilities, accountability)?

A
  • Obligation to conduction 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
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5
Q

What happens if you breach GDPR (reported to whom/by when/when)? What is the penalty (2 possibilities)?

A
  • 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)
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6
Q

What does Article 5(1) of GDPR state in relation to the processing of data (3)?

A

Data must be processed lawfully, fairly and in a transparent manner in relation to individuals

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7
Q

What does Article 5(1) of GDPR state in relation to the collection of data (3 purposes, post-collection)?

A

Data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes

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8
Q

What does Article 5(1) of GDPR state in relation to the relevance of data (3)?

A

Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed

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9
Q

What does Article 5(1) of GDPR state in relation to the accuracy of data (2), and what is stressed re. inaccuracies?

A

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

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10
Q

What does Article 5(1) of GDPR state in relation to the form which data is kept in?

A

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

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11
Q

What does Article 5(1) of GDPR state in relation to the processing of data (security)?

A

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

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12
Q

Who does Article 5(2) of GDPR state is responsible for the compliance with the principles outlined in Article 5(1)?

A

The data controller shall be responsible for, and be able to demonstrate compliance with the principles

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13
Q

What are the 8 individual Rights under GDPR (AIRER POA)?

A 
A CCESS
I NFORMED
R ECTIFICATION
E RASURE
R ESTRICT PROCESSING

P ORTABILITY
O BJECT
A UTOMATED DECISION MAKING/PROFILING
(INSURANCE COMPANIES)

  1. Right of access
  2. Right to be informed
  3. Right to rectification
  4. Right to erasure
  5. Right to restrict processing
  6. Right to data portability (to use for their own purposes)
  7. Right to object
  8. Rights to automated decision making and profiling (as undertaken by insurance companies)
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14
Q

Under GDPR, would you be able to transfer personal data you hold outside of the UK?

A

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

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15
Q

Who has received the largest fine under GDPR?

A

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

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16
Q

What is the Freedom of Information Act 2000?

A

Gives individuals the right of access to information held by public bodies

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17
Q

What does the Freedom of Information Act 2000 require of public bodies (informing, timescale/format, fees)?

A
  • 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
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18
Q

What are the exemptions from the Freedom of Information Act 2000 (protection, prejudicial circumstances (2))?

A
  • Contrary to the GDPR requirements
  • It would prejudice a criminal matter under investigation
  • It would prejudice a person’s/organisation’s commercial interest
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19
Q

What are the elements of a Non-Disclosure Agreement (NDA) (I, D, S, E, L)?

A
  • Identification of the parties
  • Definition of what is deemed to be confidential
  • Scope of the confidentiality obligation by the receiving party
  • Exclusions from confidential treatment
  • Length of term of the agreement
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20
Q

What are automated valuation models (AVMs), and when typically used?

A
  • Software systems which can provide property valuations using mathematical modelling combined with a database
  • They are most used for residential property
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21
Q

What are the advantages of using AVMs (data, practical benefits, lack of human interaction), and therefore useful for what particular type of asset instruction?

A
  • Able to consider a larger number of data points than a traditional valuation approach
  • Saves time, money and resources
  • Removes any human bias or subjectivity
  • Useful for assessing the value of a property portfolio
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22
Q

What are the disadvantages of using AVMs (physical, logic, data limitation)?

A
  • Do not take into account property condition (valuation assumes an average condition as an inspection does not occur)
  • Does not take into account nuanced factors such as the view or level of street noise
  • Use transactional data which may lag the actual market i.e. cannot include evidence from properties which might be under offer
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23
Q

What do you understand by the term security of data?

A

Means ensuring that data is kept safe from corruption and that access to it is suitably controlled to ensure privacy and protection

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24
Q

How can security of data be improved (E, BU, PP, AV, FW, DRP)?

A
  • Disk encryption - encrypting data on a secure hard disk drive
  • Regular back ups off site
  • Password protection
  • Use of anti-virus software protection
  • Firewalls
  • Disaster recovery procedures
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25
Q

What does copyright mean, what form of property are they and what 3 things can you do with them?

A
  • 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
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26
Q

What does Crown Copyright cover?

A

All materials created and prepared by the Government, such as laws, public records, official press releases and OS mapping

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27
Q

What is a deed?

A

A legal document made under seal

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28
Q

How can you prove ownership of land which is not registered with the Land Registry?

A

The Deeds will set out information about the ownership and details of a property

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29
Q

What do the Land Registry provide upon request and payment?

A

Copy of the official Title Register for registered property or land in the UK

30
Q

What does Title indemnity insurance cover/protection provided, and how paid?

A
  • 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
31
Q

What are restrictive covenants, and who has enforcement rights/why?

A
  • 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
32
Q

How can a restrictive covenant be removed, and is it straightforward?

A

Make an application to the Upper Tribunal (Lands Chamber) but the grounds for discharge are very strict

33
Q

What are MSCI Real Estate indices?

A

• Indices which provide investment performance statistics for owners and investors / fund management

34
Q

What do MSCI Real Estate indices aim to provide?

A
  • Independent benchmarks and market data
  • Provide real estate performance analysis, market indices and research regarding property investment performance and risk to the real estate world
35
Q

How do the MSCI produce their Real Estate indices?

A

Draw on up-to-date valuations of selected UK properties

36
Q

What are the RICS Data Standards, 2018/what set out/to support what/address what?

A
  • Set of standards to support the capture, verification and sharing of data in a common format
  • They address issues of digital data consistency
37
Q

What data are the RICS Data Standards, 2018 already available for (2)?

A
  • International Property Measurement Standards (IPMS)

* International Construction Measurement Standards (ICMS)

38
Q

What additional data are the RICS Data Standards, 2018 going to be made available for (2)?

A
  • International Valuation Standards (IVS)

* International Land Measurement Standard (ILMS)

39
Q

As a result of our eventual departure from the European Union, will GDPR still apply in the UK?

A

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

40
Q

What does the colour coding on Title Plans represent (Red/Green lines, Green/Blue/Orange shading)?

A
  • 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
41
Q

What is included in a Land Registry title register
(Part A, D, T, D, R,
Part B, N/A O, D, PP, R,
Part C, M/F, ROI/L)?

A
  • 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 (2002?)), 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
42
Q

What is a SAR, right provided?

A
  • Subject access request

* Gives individuals rights to request any ‘personal data’ held on them. This right is a principle of GDPR

43
Q

What is “personal data” as defined by GDPR?

A

Personal data are any information which are related to an identified or identifiable natural person e.g. the telephone number, email address

44
Q

What professional statement is the RICS planning on releasing relating to the encryption of data and use of cloud-based storage facilities?

A

Data Handling and Prevention of Cybercrime, 2020

45
Q

What will be contained in the professional statement on Data Handling and Prevention of Cybercrime , 2020 (BP, obligations no., cloud, policies/for what issue), and how does it relate to DPA 2018?

A
  • 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
46
Q

What should you do when transferring personal data outside of the European Economic Area (EEA) in order to act in accordance with GDPR (confirm what - yes/no actions, secure transfer)?

A
  • 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
47
Q

Give me an example of a property information tool (4).

A

Land registry, CoStar, Rightmove, Zoopla

48
Q

What are the limitations of primary/secondary data sources?

A
  • Primary data more likely to be subject to human error

- Secondary data, likely to be outdated before you get it therefore, requires validation before reliance on it.

49
Q

What is the principle of estoppel, and what legal case established this principle?

A

If a breach has continued for a long enough period without any objection being raised it may have been treated as being abandoned under the principle of estoppel. 20 years now considered acceptable following Hepworth V Pickles (1900) - 24 years in that case.

50
Q

How do you validate information (4)?

A

Legal documents, agents, colleagues (if we have an interest), public records.

51
Q

What is the difference between a deed and registered title (goal scorer/assist)?

A

Title - is the legal way of saying you own a right to something. For real estate purposes title refers to the ownership of the property, meaning you have the rights to use that property. (Goal scorer)

Deeds - are the legal documents that transfer to title from one person to another. (Assist).

52
Q

What is a TR1?

A

Land registry TR1 form is a formal land registry document which literally transfers the legal ownership of a property from one party or parties to another party or parties.

53
Q

What other measures can you use to ensure the protection of data transfer (TLS/SSL, authentication, homeworking storage)?

A
  • TLS (Transport Layer Security)
  • SSL (Secure sockets layer)
  • Implement two-factor authentication where access to client data and personal data is deemed a significant security risk.
  • The use of VPNs for homeworking rather than storing data on personal devices
54
Q

What does the Privacy and Electronic Communications Regulations 2003 apply to? When was it updated?

A

This guide is for organisations that wish to send electronic marketing messages (by phone, fax, email or text), use cookies, or provide electronic communication services to the public.

  • Updated 2018 and came into effect January 9th 2019
55
Q

What does the Privacy and Electronic Communications Regulations 2003 restrict (marketing, consent, cookies (3 reqs)? What are the penalties?

A
  • Restricts unsolicited marketing (solicitated meaning requested)
  • Require consent to send marketing material to a customer
  • Restricts use of cookies
     - Tell people the cookies are there
     - Explain what the cookies are doing and why
     - Get the person’s consent to store a cookie on their device
  • Penalties can include criminal prosecution and fines of up to £500,000
56
Q

What is an index map?

A

The index map contains information on all land and property that’s registered or being registered with HM Land Registry – establish whether land is registered/unregistered and reveals title number.

57
Q

What does encryption mean?

A

The process of converting information or data into a code, especially to prevent unauthorised access.

58
Q

What is a firewall?

A

A firewall is software or firmware that enforces a set of rules about what data packets will be allowed to enter or leave a computer network (prevents unauthorised access)

59
Q

How can you protect electronic data from viruses?

A

Anti-virus solution – JT require this for all client and server devices

60
Q

When do you have to register for VAT?

A

When sales of goods exceed the £75,000 threshold or services exceed £37,500.

61
Q

How do you deal with an email sent in error to you containing confidential information?

A

I would inform the party that I had had sight of the information but keep the information in confidential.

62
Q

Are there any qualities a client must have that means data security cannot be breached?

A

A living individual only.

63
Q

What are the main methods of primary and secondary data collection?

A

Primary Data is collected directly from the source and Secondary is historic or collected from a third party.

64
Q

What are the differences between quantitative and qualitative research?

A

Quantitative research allows for generalisation following analysis of research.

Qualitative research considers an in-depth analysis of the specific data – it allows for exploration and
investigation.

65
Q

How do you collect primary data?

A

Primary data includes data directly collected from the source of the deal. The internal database which
collates deals we have worked on is primary data.

66
Q

What must you do re. email communications to comply with GDPR?

A

Emails that show other recipients email addresses are in breach of GDPR.

67
Q

What must you take into account if you employ an IT company to improve data security?

A

o Most SMEs will need to employ an IT company to complete the work, however they will typically require obtaining insurance against the risks as IT companies terms of service don’t usually cover cyber security breach protection.

68
Q

Outline the 4 typical cybercrime types.

A

 Phishing
 Ransomware
 Malware
 Identity theft

69
Q 
What should be in a companies Data Protection Plan re.
Assessment
Policy
Data collection
Appointment
Security methods
Storage
Contracts
3rd party data
Consent
Notification
A

 Assessment and documentation of any potential risks to both personal and client data
 Defining and maintaining a data retention policy
 Understanding and recording the purposes for which data is being collected and held.
 Appointing a personal responsible for enquiries and controls
 Devising passwords that are difficult to guess
 Use of firewalls and anti-malware and anti-virus tools
 Use of encryption for personal information and cardholder data during transmission.
 Ensuring personal and client data is protected from unauthorised access, whether it is stored digitally or in physical form
 Ensuring data is backed up regularly
 Ensuring acceptable use of client data through contractual clauses (i.e. NDAs)
 Ensuring that any use of third-party data is licensed (i.e. copyright)
 Ensuring consent is obtained for storing and processing data, and that this can be demonstrated
 If significant data breach, both regulators and data subjects are notified.

70
Q

MARK SAYS - YOU SHOULD BE THOROUGHLY FAMILIAR WITH GN ON ELECTRONIC DOCUMENT MANAGEMENT

A

This has been prepared to provide best practice for the creation, collaboration, indexing, managing and retrieving of data in response to the growth of electronic document exchange and storage - I think will be soon eclipsed by new one? OUTDATED FROM 2018- replaced with what?

71
Q

How does your organisation store data securely?

A

I use an internal secure file organisation system to safely store data. This is structured to help maintain data accessibility, integrity and accuracy

MT APC (37 decks)

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