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As well as providing training and a GDPR Toolkit (details below) I also provide extended support to people who have attended training, bought the toolkit, or just need some friendly guidance. The GDPR Toolkit can be found here http://www.adaptconsultingcompany.com/gdprtoolkit/ Jersey Business as supporting the GDPR Training and they can be found at https://www.jerseybusiness.je/get-advice/it-office-systems/data-protection-small-business/

Thursday, 15 February 2018

What should go into a Privacy Notice?



QUESTON

What should go into a Privacy Notice?

SHORT ANSWER

At the time of collecting their data, people must be informed clearly about at least:

1.      who your company/organisation is (your contact details, and those of your DPO if any);
2.      why your company/organisation will be using their personal data (purposes);
3.      the categories of personal data concerned;
4.      the legal justification for processing their data;
5.      for how long the data will be kept;
6.      who else might receive it;
7.      whether their personal data will be transferred to a recipient outside the EU;
8.      that they have a right to a copy of the data (right to access personal data) and other basic rights in the field of data protection (see complete list of rights);
9.      their right to lodge a complaint with a Data Protection Authority (DPA);
10. their right to withdraw consent at any time;
11. where applicable, the existence of automated decision-making and the logic involved, including the consequences thereof.

There is guidance here



LONG ANSWER

I have answered a few questions on Privacy Notice already and have added a couple of links below for further reading, in order to avoid repetition here.

Based on my own experience so far having worked with a good number of organisations ahead of GDPR coming into force in May I would offer the following advice.

THINK WHY – WHAT IS THE PURPOSE?

Think about the purpose and the people and align everything to these. If the purpose is “club membership for newsletters” then the data gathered and processing should be based on the necessity for “club membership for newsletters”.  If the purpose is “look after the health and wellbeing of customers” then the data gathered and processing should be based on the necessity for “look after the health and wellbeing of customers”.

This keeps things narrow, easy to manage and control. There may be a bias towards “..lets have all their data about everything and then we can do anything…” but this is entirely contrary to GDPR and is the key cultural change that I don’t think people have grasped.

KEY PRINCIPLES

Next make sure each statement in the Privacy Notice meets the key principles. If you remember nothing else, remember the key principles!

Lawfulness, fairness and transparency
Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject
Purpose limitation
Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
Data minimisation
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
Accuracy
Personal data shall be accurate and, where necessary, kept up to date
Storage limitation
Personal data shall 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
Integrity and confidentiality
Personal data shall be 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 organisational measures
Accountability
The controller shall be responsible for, and be able to demonstrate compliance with the GDPR



POSSIBLE HEADINGS

These are some useful headings

1.     About Us And What We Do
2.     About The Service We Provide And Why Information Is Necessary
3.     What Data We Gather
4.     The Roles And Controls Protecting Your Data
5.     Data Sharing Or Disclosure (If You Do Any?)
6.     Location Of Data (Eg Transferred To A Recipient Outside The Eu)
7.     The Legal Basis And Your Rights
Note rights include [1] that they have a right to a copy of the data (right to access personal data) and other basic rights in the field of data protection (see complete list of rights); [2] their right to lodge a complaint with a Data Protection Authority (DPA); [3 ] their right to withdraw consent at any time; [4] where applicable, the existence of automated decision-making and the logic involved, including the consequences thereof.

See earlier article “What information must be given to individuals whose data is collected? “

SAMPLE PRIVACY NOTICE

If you want a model Privacy Notice then I suspect that the Privacy Notice of the people in charge of Privacy Notices, is probably a good start! Have I look at the regulators Privacy Notice!!


However as said many times, if you organisation is not doing what the ICO is doing then your notice doesn’t need to say what the ICO is saying.

See earlier article “I am sharing feedback as a learning exercise for anyone contemplating a Privacy Notice and a stark warning for anyone who simply recycles someone else’ Privacy Notice without thought.”



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