Изграждане
на Система за защита на личните данни,
съгласно изискванията на GDPR
Какви и колко основни стъпки трябва да извървим, за да защитим личните данни, които обработваме, съхраняваме и обменяме ? Професионален отговор е даден от Infomation Commissioner's Office / ICO (UK).
Infosec Service (в частност аз - Пламен Каменов) със сигурност може да Ви помогне да преминете тези стъпки без особени проблеми, на база услугите, които предлага за обучение и консултации по информационна / киберсигурност и защита на личните данни.
В няколко последователни публикации ще представя описанието на стъпките (така, както са дадени от ICO), съпроводени от кратки, мои коментари.
ICO
INFORMATION
COMMISSIONER'S OFFICE (UK)
Preparing
for the General Data Protection Regulation (GDPR)
12
steps to take now
1.
Awareness
You
should make sure that decision makers and key people in your
organisation are aware that the law is changing to the GDPR. They
need to appreciate the impact this is likely to have.
2.Information
you hold
You
should document what personal data you hold, where it came from and
who you may need to organise an information audit.
3.Communicating
privacy information
You
should review your current privacy notices and put a plan in place
for making any necessary changes in time for GDPR implementation.
4.Individuals’
rights
You
should check your procedures to ensure they cover all the rights
individuals have, including how you would delete personal data or
provide data electronically and in a commonly used format
5.Subject
access requests
You
should update your procedures and plan how you will handle requests
within the new timescales and provide any additional information.
6.Lawful
basis for processing personal data
You
should identify the lawful basis for your processing activity in the
GDPR, document it and update your privacy notice to explain it.
7.Consent
You
should review how you seek, record and manage consent and whether you
need to make any changes. Refresh existing consents now if they don’t
meet the GDPR standard.
8.Children
You
should start thinking now about whether you need to put systems in
place to verify individuals’ ages and to obtain parental or
guardian consent for any data processing activity.
9.Data
breaches
You
should make sure you have the right procedures in place to detect,
report and investigate a personal data breach.
10.Data
Protection by Design and Data Protection Impact Assessments
You
should familiarise yourself now with the ICO’s code of practice on
Privacy Impact Assessments as well as the latest guidance from the
Article 29 Working Party, and work out how and when to implement them
in your organisation.
11.Data
Protection Officers
You
should designate someone to take responsibility for data protection
compliance and assess where this role will sit within your
organisation’s structure and governance arrangements. You should
consider whether you are required to formally designate a Data
Protection Officer.
12.International
If
your organisation operates in more than one EU member state (ie you
carry out cross-border processing), you should determine your lead
data protection supervisory authority. Article 29 Working Party
guidelines will help you do this.
Introduction
This
checklist highlights 12 steps you can take now to
prepare
for the General Data Protection Regulation
(GDPR)
which will apply from 25 May 2018.
Many
of the GDPR’s main concepts and principles are much the same as
those in the current Data Protection Act (DPA), so if you are
complying properly with the current law then most of your approach to
compliance will remain valid under the GDPR and can be the starting
point to build from. However, there are new elements and significant
enhancements, so you will have to do some things for the first time
and some things
differently.
It
is important to use this checklist and other Information
Commissioner’s Office (ICO) resources to work out the main
differences between the current law and the GDPR. The ICO is
producing new guidance and other tools to assist you, as well as
contributing to guidance that the Article 29 Working Party is
producing at the European level. These are all available via the
ICO’s Overview of the General Data Protection
Regulation. The ICO is also working closely with trade
associations and bodies representing the various sectors – you
should also work closely with these bodies to share knowledge about
implementation in your sector.
It
is essential to plan your approach to GDPR compliance now and to gain
‘buy in’ from key people in your organisation. You may need, for
example, to put new procedures in and individuals’ rights
provisions. In a large or complex business this could have
significant budgetary, IT, personnel, governance and communications
implications.
The
GDPR places greater emphasis on the documentation that data
controllers must keep to demonstrate their accountability. Compliance
with all the areas listed in this document will require organisations
to review their approach to governance and how they manage data
protection as a corporate issue. One aspect of this might be to
review the
contracts
and other arrangements you have in place when sharing data with other
organisations.
Some
parts of the GDPR will have more of an impact on some organisations
than on others (for example, the provisions relating to profiling or
children’s data), so it would be useful to map out which parts of
the GDPR will have the greatest impact on your business model and
give those areas due prominence in your planning process.
Step1:
Awareness
You
should make sure that decision makers and key people in your
organisation are aware that the law is changing to the GDPR. They
needto appreciate the impact this is likely to have and identify
areas that could cause compliance problems under the GDPR.
It would be useful to start by
looking at your organisation’s risk register, if you have one.
Implementing
the GDPR could have significant resource implications, especially for
larger and more complex organisations.
You
may find compliance difficult if you leave your preparations until
the last minute.
Step
2: Information you hold
You
should document what personal data you hold, where it came from and
who you share it with. You may need to organise an information audit
across the organisation or within particular business areas.
The
GDPR requires you to maintain records of your processing activities.
It updates rights for a networked world. For example, if you have
inaccurate personal data and have shared this with another
organisation, you will have to tell the other organisation about the
inaccuracy so it can correct its own records. You won’t be able to
do this unless you know what
personal data you hold, where it came from and who you share it with.
You should with the GDPR’s
accountability principle, which requires organisations to be
able to show how they comply with the data protection principles, for
example by having effective policies and procedures in place.
TBC
