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Data Management > Level 1 > Flashcards

Level 1 Flashcards

1
Q

What does GDPR stand for?

A

General Data Protection Regulations

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2
Q

What is the relevant UK legislation that governs data protection?

A

The Data Protection Act 2018 is the UK’s implementation of GDPR (2016) (European directive), and DPA 2018 replaces DPA 1998

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3
Q

What is GDPR?

A

General Data Protection Regulations 2016 represents the largest change in data protection law across the EU to include the UK, and relates to the processing of personal data.

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4
Q

What is the purpose of GDPR?

A
  • To create a single data protection regime for anyone doing business in the EU
  • To empower individuals to take control of how their data is used by third parties
  • Gives people more rights to be informed of how their personal data is being used
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5
Q

When did the most recent Data Protection Act come into effect?

A

25 May 2018

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6
Q

Is DPA 2018 affected by Brexit?

A

No as it is the UK’s implementation of the EU’s GDPR directive

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7
Q

What are the 8 individual rights under GDPR?

A
  1. Right to be informed
  2. Right of access
  3. Right to rectify
  4. Right to erase
  5. Right to restrict processing
  6. Right to data portability
  7. Right to object
  8. Rights to automated decision making & profiling
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8
Q

Under Article 5 of GDPR, what are the data protection principles?

A
  1. Lawfulness, fairness and transparency
  2. Purpose limitation
  3. Data minimisation
  4. Accuracy
  5. Storage limitation
  6. Integrity & confidentiality (security)
  7. Accountability
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9
Q

What are the key requirements under DPA 2018?

A
  • Conduct data protection impact assessments for high risk holding of data
  • Elect a Data Controller who decides how and why personal data is processed & is responsible for GDPR
  • Demonstrate compliance with principles to Information Commissioner’s Office (ICO)
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10
Q

When data security is breached, what is the protocol?

A

Report to ICO within 72 hours, where there is a loss of personal data and a risk of harm to individuals

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11
Q

What are the penalties for breaching data security?

A

Standard - the greater of 10m euros or 2% of total global turnover
Higher - the greater of 20m euros or 4% of total global turnover

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12
Q

Who polices data protection?

A

Information Commissioner’s Office (ICO)

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13
Q

What is the Freedom of Information Act 2000?

A

Provides individuals with the right to access information held by public bodies

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14
Q

Under the Freedom of Information Act 2000, how can individuals access information held by the public sector?

A
  • Request access in writing
  • Typically public body required to supply the data in 20 working days in the requested format
  • Public body can charge for the provision of info.
    N.B. Public body must inform any individual requesting sight of data whether or not they hold this data
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15
Q

Can the public sector provide access to any information that is requested?

A

Provided that the information is not exempt, i.e.:

  • contrary to GDPR requirements
  • it would prejudice a criminal matter under investigation
  • it would prejudice a person’s/organisation’s commercial interest
  • matter of national security
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16
Q

How can you ensure security of data?

A
  • improve security of electronic data using firewalls, encryption and passwords/security markings
  • physically locking away work/notes
17
Q

What are the key best practice in data management

A
  • cross-reference with hard copy
  • IT system maintenance - back up
  • Protect integrity
  • Info management policy/system integrity
  • Audit trail
  • Electronic signature has a legal status as long as it cannot be altered
18
Q

How can you source proof of title?

A
  • Property deeds (absolute proof)

- Registered land (good indication)

19
Q

What is copyright?

A

A set of exclusive rights, granted to the author/creator of any original work, including the right to copy.

  • -> form of intellectual property
  • -> can be licensed, assigned and transferred
20
Q

What is Crown Copyright?

A

This refers to all materials created and prepared by the Government, including laws, legislation, public records, official press releases, OS mapping

21
Q

What is a deed?

A

A legal document made under seal, which sets out info regarding ownership and other property details (legal interest in the land)

22
Q

What are title documents?

A

Official register of title held on land registry and can be requested at a fee

23
Q

What information does the Title Register contain?

A
  • legal owner (freeholder)
  • address of owner
  • leaseholder(s)
  • tenure
  • price paid/value stated
  • boundaries
  • restrictions/easements/covenants
24
Q

What is title indemnity insurance?

A

Protects a party against any claims arising from the title of a property, to cover such matters as:

  • title defects
  • restrictive covenants/easements

–> a one-off premium

25
Q

What is a title defect?

A

Any potential threat to a current owner’s full right or claim to sell a property (encumbrance, e.g. a tax lien, mortgage or judgement)

  • -> e.g. a homeowner cannot sell a home if there is an outstanding tax lien on the property (i.e. the property serves to guarantee an obligation such as a loan repayment)
  • -> because the asset cannot be legally transferred, the title is considered to be ‘unmarketable’
26
Q

What is a restrictive covenant?

A

An agreement to restrict the use of land in some way, for the benefit of other land.
These are binding legal obligations written into the property’s deeds.
They run with the land and hence are typically transferable onto successors

27
Q

Can you remove a restrictive covenant?

A

Yes, by application to the Upper Tribunal (Lands Chamber), but grounds for discharge are very strict. In some instances, title indemnity insurance can be procured.

28
Q

What are the RICS Data Standards 2018?

A

RICS developed a suite of data standards to ensure that data is captured, verified and shared within organisations and across external stakeholders in a common format

29
Q

What are the benefits of sharing data?

A
  • improved market transparency
  • improved productivity
  • improved insights to share with clients to win business and impact the built and natural environment
30
Q

What is the purpose of the RICS Data Standards?

A

To address the issues of digital data inconsistency and to streamline data models, encouraging structure in data

31
Q

How do the RICS Data Standards work?

A

They are to be used in parallel with RICS International Standards & Professional Statements (e.g. IPMS)

32
Q

What does the Right to be Forgotten mean?

A

Individuals have the right to have their data deleted by companies that hold it, if they so wish

33
Q

What types of data do you process in your daily job role?

A

Data as reviewed for the purposes of conducting a valuation, including names of individuals/addresses and other data found in the documentation provided to CBRE

34
Q

What is the duration of the data processing you conduct for each instruction?

A

As required in order to deliver our services pursuant to the instruction agreement (ToE), or as otherwise required by law

Data Management (1 decks)

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