If you need HELP, SUPPORT or just have a GDPR question please call +44 (0) 208 133 2545 or email us at firstname.lastname@example.org.
Alternatively please visit our contact page
FREE GDPR Helpline
Call +44 (0) 208 133 2545
Although the Data Protection Directive includes some provisions towards accountability, such as ensuring compliance with the main data quality principles and implementing appropriate measures to protect data, the General Data Protection Regulation provides more specific provisions to ensure accountability.
The accountability provisions of the GDPR include taking a risk-based approach, conducting data protection impact assessments and appointing a Data Protection Officer in certain cases.
Companies should have reviewed existing policies and data processes to identify gaps and incorporate an effective accountability programme. Senior management should be aware of the requirements and ensure a fully compliant programme is in place. A Data Protection Officer should be appointed if one is required. Further information on the risk-based approach, Data Protection Impact Assessments, Prior Consultations and Data Protection Officers is provided below.
The GDPR introduces a risk-based approach that involves assessing the risks presented by data processing activities and responding appropriately. This should take into account the nature, scope, context, purpose of the processing and the potential risks to the rights and freedoms of individuals. The relevant obligations for ‘high risk’ processes are notifications of breaches, conducting a data protection impact assessment and prior consultations with Data Protection Authorities.
Types of processing or processing operations that are likely to have a high risk to the rights of individuals, particularly when using new technology, require the controller to carry out an assessment of the impact in advance. This includes processes that involve automated processing, such as profiling, that leads to decisions that can have a legal effect on individuals, or large scale processing of personal data relating to special categories of data or criminal convictions. The Data Protection Officer, where designated, can advise on the assessment.
The supervisory authority will provide a list of the kind of processing operations that will require a Data Protection Impact Assessment. Assessments should include a systematic description of the processing operation, its purpose and assess the risks to the rights and freedoms of individuals. It should also include the measures that could be taken to mitigate these risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with the GDPR.
Where a Data Protection Impact Assessment indicates the process poses a high risk, the controller must consult the supervisory authority as described in Article 36 ‘Prior consultation’. The supervisory authority will provide written advice to the controller, and to the processor when applicable, if it considers the intended processing will infringe the Regulation. This will be received within eight weeks of the request for consultation, the period may be extended by a further six weeks if required.
When consulting the supervisory authority, the controller will provide the supervisory authority with:
A Data Protection Officer (DPO) is required to be designated by controllers and processors where:
EU Member States may also make the appointment of a DPO mandatory by law under other circumstances.
It is possible for a group of undertakings to appoint a single DPO provided the officer is easily accessible. The DPO may be employed on a permanent or contract basis, and the contact details of the DPO will be published and provided to the supervisory authority.
The DPO needs to be involved in all issues related to the protection of personal data and will report directly to the highest management level of the controller or processor.
The role of the DPO includes informing and advising the controller or processor and relevant staff of their obligations regarding the General Data Protection Regulation, and any other relevant data protection provisions. They must also monitor compliance with the GDPR and internal policies relating to the protection of personal data.
The DPO should also advise the controller when a Data Protection Impact Assessment is being carried out and monitor its performance. If the assessment indicates that the processing would result in high risk and a prior consultation is made, the DPO will act as the main contact point with the supervisory authority to discuss this, as well as any other relevant matters.
When the General Data Protection Regulation comes into effect on May 25 this year, Data Protection Officers (DPOs) will be mandatory for certain organisations. This includes organisations where the core
Ignoring the EU’s new online privacy rules could be a big gamble In recent weeks, you may have noticed an increase in the amount of emails you received from various
The Information Commissioner’s Office (ICO) has fined Smart Home Protection Ltd £90,000 for making nuisance calls to people registered with the Telephone Preference Service (TPS). Source: ico.org.uk
My last blog (GDPR compliance for cybersecurity professionals) was dedicated to all the IT security professionals out there who drew
A former customer services officer at Stockport Homes Limited (SHL) has been found guilty of unlawfully accessing personal data without
Information Commissioner Elizabeth Denham’s speech at the G20 Side Event – International Seminar on Personal Data in Tokyo on 3 June 2019.
At the beginning of May, Parliament declared a ‘climate change emergency’ and concerns about the environment make news headlines almost
Blogger post: Alex Hubbard, Senior Policy Officer at the ICO, looks at some of the key themes identified in the
GDPR was the hot topic of 2018, but what now? Nobody seems to be talking about it, but it hasn’t
Last May marked a seismic shift in privacy and information rights with the implementation of the General Data Protection Regulation
What does the GDPR cover? The European Union has identified concerns surrounding data security and has put a new regulation,
The stats are in for the first year of GDRP, Europe’s gold-standard data privacy law. GDPR fines totalled €56M, with more than 200,000