Data Protection and General Data Protection Regulation (GDPR)
There are some significant changes to Data Protection legislation coming into effect on 25 May 2018 which will have an impact on how Irish Sailing, at all levels, engages with its members. It is important that every Irish Sailing Club, Class and Centre and indeed every member, is aware of how these changes in the law will affect the ways in which members’ personal information can be collected and used for Irish Sailing purposes.
What is Data Protection?
- Data Protection legislation is intended to protect the right to privacy of individuals (all of us) and seeks to ensure that Personal Information is used appropriately by third parties that may have it (Data Controllers).
In essence Data Protection relates to any information that can be used to identify a living person such as Name, Date of Birth, Address, Phone Number, Email address, Membership Number, IP Address, photographs etc
There are other categories of information which currently are defined as Sensitive Personal Data which require more stringent measures of protection and these categories include religion, ethnicity, sexual orientation, trade union membership, medical information etc.
What is GDPR?
- The General Data Protection Regulations (GDPR) is new EU legislation that comes into effect on May 25th 2018.
- It very clearly sets out the ways in which the privacy rights of every EU citizen must be protected and the ways in which a person’s ‘Personal Data’ can and can’t be used.
- It places the onus on the person or entity that collects a person’s information (Data Controller) to comply with the legislation and to demonstrate compliance.
Data Protection can be summarised in the following 8 ‘rules’
You must …
- Obtain and process the information fairly
- Keep it only for one or more specified and lawful purposes
- Process it only in ways compatible with the purposes for which it was given to you initially
- Keep it safe and secure
- Keep it accurate and up-to-date
- Ensure that it is adequate, relevant and not excessive
- Retain it no longer than is necessary for the specified purpose or purposes
- Give a copy of his/her personal data to any individual, on request
What does Data Protection Legislation mean to me?
- The legislation sets out rules about how this information (personal Information) can be obtained, how it can be used and how it is stored.
- Every person must give their consent for their data to be collected and processed for a specific purpose which must be communicated to them at the time the data is obtained.
- They must specifically Opt-In and must be allowed to Opt-Out at any time. They must also be given the opportunity to review the consent they have given on a regular basis (i.e. Yearly)
- Data must be kept safe and secure and must be kept accurate and up to date
- An Individual can request a copy of all of the personal information held about them (this is called a Subject Access Request) and must be allowed to have all of their data deleted or returned to them, if they so wish.
The New GDPR is the same basic principles as current DP law, but strengthened with …
- New rights for individuals, and strengthening of existing rights
- Breach reporting
- Data Protection Impact Assessments
- Higher penalties for non-compliance
We would advise that for professional advice on the legal and technical points you go directly to the Data Protection Commissioner office …
Data Protection Commissioner
- https://www.gdprandyou.ie for a clear picture of the 12 steps an organisation needs to take, go directly to http://gdprandyou.ie/organisations/
As an Organisation you will need to demonstrate compliance with …
- Requirement to implement appropriate technical and organisational measures
- Maintaining records on processing activities
- Data protection impact assessments
- Requirement to appoint a Data Protection Officer (>200 employees) Data Controller (< 200 employees)
- Data protection by design and default
- Codes of conduct and certification schemes
Where to start?
Run an Information asset audit
- What data do we process?
- For what purposes?
- What legal basis do we use?
- Who do we share data with?
One of the requirements is a Data Processing Activity Log, consider all levels of data – whats app groups, fb groups, event forms, bookings and of course membership etc etc
This is a useful example …