15 December 2020. Data protection legislation 4.3 The Data Protection Act 1998 (DPA) applies to dental records and dental professionals must abide by its principles. However, these paper records should not be overlooked. A description of the categories of data subjects, and of the type of personal data related to them that the organisation holds. And these rights are extensive, as Article 15 reveals: “The data subject shall have the right to obtain from the controller at reasonable intervals and free of charge confirmation as to whether or not personal data concerning him or her are being processed and where such personal data are being processed provide access to the data…”. All the provisions and requirements are clearly laid out there, so this is one of the provisions of the GDPR where there is little to no ambiguity, which is very fortunate. One major part of complying with the new "Protection of Personal Information" Massachusetts law involves securing your paper records. Of course, it’s relatively easy to get digital data in some semblance of order. It’s fair to argue that storing information in a safe location is a low-risk activity. If there’s quite a high risk of a person’s data being compromised, a full-scale risk assessment (which involves consulting with regulators) may be necessary. Data Protection Impact Assessment reports. It may seem like a nuisance and excessive red tape, but record-keeping will also provide you with a deeper understanding of how the data is being used and why – in addition to satisfying all the regulatory requirements. Ransomware - What is Your Personal Data Worth? Do not leave such reports in open, unsecured areas within your workspace, as this information may be seen or even taken by unauthorized parties. Physical Access controls should be used for offices, labs, classrooms, or any other area that houses records or electronic systems with PII or PHI. These principles, defined in Article 5, are important because if they are disregarded by a data controller, the use they make of the data is not lawful. So, while completely ignoring the law and getting caught could result in a crippling fine, having sensible practices and security measures will work in your favour if a problem occurs. DeltaNet International. However, some added responsibilities in the General Data Protection Regulation will make organisations think about how they’re handling that information. The DPA states that it is important that records are: • accurately created • carefully and securely maintained • disposed of appropriately. The Data Protection Commission. Company Registration Number: 382743. VAT Number IE6402743Q, Registered Office: Damastwon Rise, Damastown Industrial Estate, Dublin 15, D15 R250, Boost Workplace Productivity: 5 Habits of Highly Effective Offices. Agenda. However, these are still just theoretical ideas: while standards authorities are responding to the regulations, agreeing codes of conduct and getting them circulated, the smart organisations will already be preparing. Provide physical access control for offices/labs/classrooms through the following: Locked file cabinets, desks, closets or offices, Change keypad access codes on a regular basis. For smaller companies, sending less frequently used but sensitive files into storage is a cost-effective solution. EDPB Stakeholder Workshop on Legitimate Interest. Search our courses. This booklet is intended to provide an overview of some of the key issues and jargon surrounding data protection in the digital environment. Limit display of PII/PHI in open, accessible areas. Full agenda. It is based around the notions of principles, rights and accountability obligations. Abiding by these, the Regulation says, will demonstrate compliance. It goes without saying that organisations holding or processing data are expected to keep it secure. This record, under the current draft, should include the following: If your organisation holds documents that contain personal information, you will soon need to keep quite a detailed track of how the information is handled, and when it will be destroyed. Processing data is necessary to protect the vital interests of an individual. Treat Paper Records & Electronic Data Equally. Your Questions. Q Why should employers review how sickness and absence records are kept? Learn more with eLearning from DeltaNet. These give people specific rights in relation to their personal information and place certain obligations on those organisations that are responsible for processing it. Under the current draft of the General Data Protection Regulation, organisations have a duty to ensure that personal data is not made available to an indefinite number of people – in other words, they need a system in place to actually define who has access to what personal data. This is easy to implement for digital information, of course. It’s also in the final stages of the long European legislative road: a general draft approach has been agreed between Member States, final talks are taking place with the European Parliament and Commission, and it’s expected to be in force by early next year. Do not leave PII or PHI reports in unsecured locations such as your home or car. Compliance; However, such reports need to be appropriately protected. Make sure that your colleagues understand and respect the risks of holding or processing data. Evaluate whether doing so creates risks for individuals and, if so, start taking steps to minimise those risks. Botnets: Is Someone Else Using Your Computer? Again, the process of moving files to off-site storage will help get your organisation’s information organised efficiently. This is unambiguous – if your organisation handles information, in any form, that can be used to identify an individual, your organisation is holding personal data. University of Miami, The administrative fines for flouting the General Data Protection Regulation are potentially heavy – up to a million euro or 2% of global turnover for the worst offenders. The second half of Part 2 is worth emphasising. Take a top level view to see how data is coming into your organisation, confirm that you’re getting the kind of permissions needed to process it legally, and establish why this data is actually needed. Remove access ASAP when an individual’s status changes or if the individual leaves the University. However, even if you take this line and are not conducting a full-scale risk data protection assessment, it will still be valuable to formally evaluate the risks associated with retention of data. Damastown Rise, If your organisation is going to collect or process personal data, the General Data Regulation rather reasonably states that one of the following conditions should apply: In other words, organisations need to have a good specified reason to process personal data – even if just to keep it. It gives individuals certain rights, including the right to see information that is held about them and to have it corrected if it is not right. Each and every la… Both need to be protected from unauthorized access or disclosure and should be treated with caution and discretion. Un-structured paper records are outside of the scope of EU data protection law but the line between structured and unstructured filing systems in practice can … In other words, if you’re doing anything with personal data, you’re processing it. Processing data is necessary to comply with a legal obligation (for example, if you need to keep records of who has bought your products in the last year). Manage the risks of processing and holding data. Personal data should not be easily accessible to anyone passing by a filing cabinet: someone getting access to this information should have a reason for doing so, and his or her access to it should be recorded. Duncan Macrae, January 27, 2016, 6:42 am. What is Protected Health Information (PHI)? Please contact Records Management for further information. Why it Matters Data protection is a fast-evolving field, subject to developing case law as well as new and updated guidance from the Regulator. Many organisations don’t imagine that they ‘process’ personal data simply because they don’t have a team of people working with spreadsheets to mine information for insight. With our help, you can implement and enforce a very clear identification and filing system for your confidential paperwork. Registered in Ireland. Regulators and legislators may have been thinking mainly about Google, People may argue about the fairness of this. Farming out older but still useful documents out to off-site storage will effectively control access to personal data in an efficient way. In some cases this lack of applicability is an advantage. Make sure that your organisation isn’t collecting data through illicit means, or processing it without a clear justification. Do not throw in trash bins. Review how you collect data. 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