Level 1 Flashcards
Define copyright
Set of exclusive rights granted to author of any original work including the right to copy
Rights can be licensed, assigned or transferred
Form of intellectual property
Define Crown copyright
All material created and prepared by the government
E.g laws, public records, official press release, OS maps
Examples of data security technologies
Disk encryption- encrypting data on secure hard disk drive
Regular back ups
Password protection and antivirus
Firewalls and disaster recovery procedure
What you must note within including info from other parties
Acknowledgement of copyright
What does UK GDPR stand for ?
UK General Data Protection Regulation
What legislation covers data protection?
Data Protection Act 2018
What is GDPR and DPA 2018 purpose?
Aims to create single data protection regime to give businesses and individuals rights on how data is used by third parties
Key requirements in UK GDPR
- data protection impact assessments for high risk holding of data
- new individual rights to have access to info on what personal data held and have it erased
- data controller decides how and why personal data is processed and directly responsible to GDPR
- data security breaches need reporting ICO within 72 hours
Policing and fines of GDPR
Policed by Information Commissioners Office (ICO)
Fines up to 4% global turnover or £17.5mill which get higher
Individual rights under UK GDPR
1) right to be informed
2) right of access
3) right to rectification
4) right to erase
5) right to restrict processing
6) right to data portability
7) right to object
8) right to automated decision making and profiling
Principles of UK GDPR
Article 5(1) principles relating storage personal data states data must be:
Processed lawfully, fairly and in transparent manner
Collected for specified, explicit and legitimate purposes
Not in incompatible manner
Adequate, relevant and limited to necessary purposes
Appropriate security and protection against loss, destruction, and damage
Freedom of Information Act 2000
Gives individuals right of access to information held by public bodies
Body must tell individual if they hold info
Body required to supply within 20 working days in form as requested
Can charge for provision of info
Exemptions to GDPR
Contrary to GDPR measures
Would prejudice criminal matter under investigation or personal commercial interest
Name methods of how you would secure data
Firewalls
Encryption
Password protected files
NDAs- Non Disclosure Agreements
RICS PS on Data Handling, Prevention of Cybercrime
Covers best practice and mandatory obligations
Proposed to address how surveyors capture, store and share data appropriately and securely
What is a Non- Disclosure Agreement ?
Legally enforceable contract between two parties relating to sensitive info
Creates confidential relationship between person holds info and person access to it
Party harmed by breach of NDA can take legal action and seek damages
What is a database?
An organised collection of structured information or data
What does VOA stand? What is it?
Valuation Agency Office
Government body which gives valuation and property advice needed to support taxation
Contains search engine to find the rateable values for properties
How often would VOA assess business rates?
Every 5 years. Latest revaluation effective April 2023 is based upon April 2021 rental figures which allows time for VOA to evaluate figures
What is a database?
An organised collection on structured information or data
What is CoStar?
Global data platform for commercial real estate info, analytics and news
Give an example of using CoStar
Using their search engine to find letting comparables for retail property to find an appropriate market rent
What info have you taken from the Land Registry?
Title plans to confirm the extent of the property.
E.g when working on Bankside during a tenant fit out access arrangements were arranged and I used the Land Registry to confirm the highways and private land for placement of their machinery
How would you verify data?
When using Costar comparable data, I would verify data against alternative sources for example contact relevant agents to confirm figures achieved
What does GDPR aim to provide when dealing with a third party?
A single data protection regime allowing businesses and individual to take control of how data is used by third parties
How would you claim damages after a breach of NDA?
Difficult to enforce
Have to show financial loss
Usually globally agreed but have to check terms
Usually last for 3 to 5 years
What is a data controller?
A person who decides how and why personal data is processed
Directly responsible for GDPR