notes Flashcards

1
Q

What is triangulation?

A

Process used to verify data through an alternative source
- Important when considering reliability of a source and risks

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2
Q

How have you ensured data is secured safely?

A

Regular back ups undertaken off site
Disk encryption
Firewalls and disaster recovery procedures
Using anti-virus protection
Password protection

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3
Q

What is crown copyright?

A

Refers to material created and prepared by the government, such as laws, public records and OS mapping

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3
Q

What is copyright?

A

Exclusive rights to work provided to the author or creator
- Rights can be assigned and transferred
- Essential to acknowledge any copyright in your own work

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4
Q

What is Data Management?

A

The practice of collecting, storing and using data securely, efficiently and cost effectively

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5
Q

What is hard and soft data?

A

Hard - quantifiable
Soft - less measurable - e.g. opinions

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6
Q

What is the Data Protection Act (2018)

A

UK implementation of GDPR

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7
Q

What is an information barrier?

A

Physical or electronic barrier which prevents the transmission of information between individuals or firms

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8
Q

What is GDPR?

A

EU General Data Protection Regulations (2016)

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9
Q

When did the Data Protection Act come into force?

A

25th May 2018 - replace 1998 DPA

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10
Q

What is the purpose of GDPR?

A

Harmonise data protection across the EU
Alter how personal data is managed and handled to ensure stricter regulation

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11
Q

When did GDPR come into force?

A

25th May 2018

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11
Q

How have consent conditions been strengthened under GDPR?

A

Consent must be given with the purpose of data processing attached to that consent
- It must be as easy to give consent as it is to reverse it

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12
Q

What is the role of the Data Protection Act?

A

Controls how personal information is used by organisations, businesses and the government
- Also govern data protected by GDPR

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13
Q

Is there any RICS guidance on Data Management?

A

(Archived) RICS Guidance Note - Electronic Data Management

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14
Q

Why did the Data Protection Act come into force?

A

1999 - Respond to the rise of Data
2018 - incorporate new GDPR regulation s

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15
Q

What data must be’ are the key principles of GDPR / DPA?

A

Data must be
- Lawful, fair and transparent
- Collected for specified, legitimate and explicit purposes
- Adequate, relevant and limited to necessity
- Accurate and kept up to date
- Kept no longer than required
- Kept safe

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16
Q

What are the 8 individual rights under GDPR?

A

1) To be informed
2) To have access
3) To rectification
4) To erasure
5) To restrict processing
6) To data portability
7) To object
8) To automated decision making and profiling

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17
Q

Who does GDPR affect?

A

All companies who hold date EU data

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18
Q

Who polices and regulates GDPR in the UK?

A

Information Commission Office (ICO)

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19
Q

What are the penalties under GDPR and DPA?

A

Greater of 4% annual turnover or 20m euros

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20
Q

What should you do in the event of a GDPR breach?

A

Report to the ICO in 72 hours

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21
Q

What is data portability?

A

Right for a data subject to receive personal info concerning them which they have provided and transmit data to another controller

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21
Q

What is the right to be forgotten?

A

Individuals have the right to have personal files erased if:
- Data no longer required
- Data has been processed unlawfully

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22
Q

What is privity by design?

A

Legal GDPR requirement
- Requires data protection from onset of designing a system, rather than in addition

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23
Q

What is a data processor?

A

Someone who processes data on behalf of and in accordance with a data controller instruction

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23
Q

What constitutes personal data?

A

Any information relating to a person that identifies that person
e.g. photo, name, email, bank details

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24
Q

What is a data controller?

A

Decides how and why personal data is processed and is directly responsible for GDPR

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25
Q

What is a data subject?

A

Individual whose data is about

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26
Q

What is a data protection officer?

A

Person responsible for compliance with data protection regulations - monitor and ensure internal compliance

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27
Q

What are examples of personal data under GDPR that relate to property companies?

A

Details of fund managers
Data relating to managers
Background checks
Valuations

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28
Q

What is the right to access?

A

Individuals have the right to obtain conformation that their data is being processed - access to their personal data

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29
Q

What is a GDPR breach notification?

A

Duty under GDPR - must report breach in writing within 72 hours
If breach means an individuals rights or freedom may be impacted - must be reported straight away

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30
Q

How are breaches discovered?

A

Loss of equipment
Access logs
Theft
Serious data security incident

31
Q

What are examples of data held by surveying firms that are covered under GDPR?

A

Emails
Other records
Customer info held for marketing
Data held to service client - e.g. bank details

32
Q

What are obligations imposed by GDPR?

A

Having knowledge of data held and processed
Ability to delete every instance of an individuals data
Demonstrate compliance in managing data
Prove how info is being used
Offer data portability

33
Q

What is RICS guidance for GDPR compliance?

A

Conduct data reviews
Encrypt
Keep data anonymous
Understand data processes

34
Q

What is Workman’s policy for data protection?

A

Comply with GDPR / DPA
- Report any breaches to data officer in 72 hours - or line manager

35
Q

What is a privacy notice?

A

Identify who data controller and data protection officer is
Also should include:
- What information is held
- What information is used for
- Which 3rd parties may you share information with
- How long info is held
- What legal right a firm has

36
Q

What is a SAR?

A

Subject Access Request
- Demand that an individual be given information a company holds about them

37
Q

What is the Freedom of Information Act (2002)?

A

Gives individuals the right to request information held by public bodies
Public body must
- Confirm whether they hold the info
- Provide the info in 20 days of request

38
Q

Can you provide an example of when you handle confidential information?

A

Data input forms - add, amend and remove data
Sending info to solicitors - use secure data room
Anonymise employee liability info for TUPE
Password and account for management systems

39
Q

How do you protect data when transferring to a client?

A

Encryption and password protection
Recorded special delivery
Using secure network and software

40
Q

What is an encryption?

A

Mathematical function that encloses data in a way where only authorised users can access it

41
Q

When do you extract data in your role?

A

Using leases to fill out new lease forms
- Form filled out and sent securely to senior team member to sense check.
- Then sent to data team to securely upload to TRAMPS
- Data then held securely using password protection

41
Q

What is a firewall?

A

Secure network system which monitors and controls incoming and outgoing traffic based on predetermined rules

42
Q

What management systems do you use?

A

TRAMPS
Yardi
EFS
Quooda

43
Q

Can you provide an example of a property information tool?

A

Government search website - title register
vRoom
Horizon
TRAMPS

43
Q

What is an ISO 9001?

A

Set out requirements for how firms should control data and documents relevant to the service they provide

44
Q

What do you know about the retention of files under the Business Limitations Act 1980?

A

Legal Action must be brought within 6 years of issue arising
Business have responsibility to hold records for 6 years after they expire

45
Q

What do you know about the Privacy and Electronic Regulations (2005)?

A

Unlawful to transmit automated recorded message for marketing via telephone, unless prior consent of subscriber provided

46
Q

How do I ensure data is kept securely?

A

Restrict access via password protection
Firewalls - prevent hacking
Undertake training
Don’t share confidential info and anonymise

47
Q

What is AVM?

A

Automated Valuation Model
Use data on property database to calculate property value

48
Q

What guidance does the RICS provide on AVM?

A

RICS Roadmap: Automated Valuation Model Roadmap for RICS Members and Subscribers

49
Q

Why has the use of AVM been growing?

A

Increased availability of data
Avoid litigation costs associated with personal error

50
Q

What is an electronic document management system?

A

type of software which stores, organises and manages documents in the form of electronic files e.g. SharePoint

51
Q

What makes a land register plan compliant?

A

Correct scale 1:100, 1:200 - noted on plan
Have scale measurement bar
Include a 1:1250 scale map of location
Full address
North point
Demise in red outline

52
Q

What is the Land Registry Act (2002)?

A

Framework for electronic property surveying
- All freeholds or leases over 7 years must be registered
- Adverse possession - 10 years +
- Aim to have also property registered electronically by 2030

53
Q

What are deeds & Registered Titles?

A

Deed - physical document declaring persons legal ownership
Registered title - ownership recorded with land registry electronically

54
Q

Are signatures accepted by the Land Registry?

A

Yes, if witnessed since July 2020

55
Q

How do I comply with Workman’s data protection policy?

A

Understand sensitive and protected data
Don’t share confidential data
Anonymise data
Report breaches

55
Q

How do you protect and handle confidential information?

A

Use document management system - add amend and remove data
Upload files to secure data room
Anonymise information
Password protection

56
Q

What documents can be signed electronically?

A

Deeds - if witnessed
Contracts

57
Q

How do you use TRAMPS and Horizon?

A

Securely load data onto systems through DI forms
Manage information on tenants and accounting information
Tenant and client info stored
Run reports
Password protected

57
Q

Why is it important to hold accurate information?

A

Effectively manage property
Ensure rent demands etc sent out timely and that information provided to clients is accurate
Comply with GDPR/DPA

58
Q

Talk me through your use of Quooda and Meridian?

A

Secure data site for Health and Safety info - password protected
Monitor H&S info and data at a property level
Monitor statutory compliance - linked to my email which provides notification if document expires or is non-compliant
Monitor progress in ensuring compliance following Risk Assessments

59
Q

What reports do you run?

A

Tenancy schedules
Arrears reports
Service Charge expenditure reports
Debtor payment histories

60
Q

What recommendations do you provide from reports?

A

Arrears - CRAR recommendations
Review SC expenditure 3 months before year end. Shows provision available for energy enhancement measures found in a Sustainability Report commissioned.

61
Q

How do you ensure data held is accurate?

A

Data verification
Check against original documents
Error check data uploads with senior colleagues and data team

62
Q

How are the management systems you use kept secure?

A

Encryption
Firewalls
Password protection

63
Q

What are your KPIs for uploading data?

A

7 days from receipt
Data input tracker used to track when info received, uploaded by data team and relevant accounts work complete
Client kept informed throughout

64
Q

How do you review SC expenditure?

A

Run service charge expenditure report on TRAMPS

64
Q

How do you review arrears?

A

Use TRAMPS/Horizon - able to see tenant payment
and financial history
Money received allocated by credit control and reflected on system

65
Q

How do you review leases?

A

Solicitor data site
If any info missing, liaise with solicitors and have info uploaded securely

66
Q

Can you explain Workman’s EFS?

A

Electronic Filing System
- Secure system with info held e.g. budgets, recs, contracts etc

67
Q

What would you do if someone wanted to view CCTV footage?

A

receive request,
b) check with data protection officer if unsure,
c) notify police if required and
d) ask subject to complete SAR whilst you await advice from DPO?

68
Q

How long can you hold data?

A

No limit - no longer than necessary
- As agreed with data subject
- Depends on several factors
- Is it a current project
- No you need them to justify fees
- Required for litigation?

69
Q

How was the new data kept secure?

A

Held on solicitor data room
- Encryption and firewall
- Password protected
- I was given username and password
Loaded in compliance with Workman processes to ensure safety

69
Q

If a lease was assigned, how long should you hold the assignors info on your system?

A

Depends on the terms
- If an AGA in place - hold details until the end of the lease
- Same for privity of contract
- Could be argued that info can be held until arrears cleared

70
Q

Why do you undertake a data verification?

A

New portfolio - lots of data - to ensure it was accurate
Ensure data being held is necessary
Comply with GDPR

70
Q

How can you upload /share data and how do you know its allowed?

A

Firms privacy policy - dictates what info is held, how processed and how shared with 3rd parties
Time it may be allowed - property sale
- Privacy notice issued to all tenants

71
Q

What info was held on the data site?

A

Leases
Title
Sc budgets and recs
H&S docs

72
Q

How is info kept secure in our office?

A

Follow privacy policy
- understand what info is held and why
- understand who info can be shared with
- ensure protection - password / encryption
- IT implementations - Firewalls

73
Q

When are firms exempt from GDPR?

A

The GDPR Doesn’t Apply if Your Business Doesn’t Operate in the EU.