Guidelines on Data Protection Officers ('DPO'), WP243 rev.01; Guidelines for identifying a controller or processor's lead supervisory authority, WP244 rev.01; Position Paper on the derogations from the obligation to maintain records of processing activities pursuant to Article 30(5) GDPR 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. The Data Protection Act was developed to give protection and lay down rules about how data about people can be used. In particular, abnormal printing patterns should be examined to ensure a legitimate need. People may argue about the fairness of this. As article 4 (1) says: “‘Personal Data’ means any information relating to an identified or identifiable natural person (‘data subject’). Ireland By far the best way to keep your archived paper-based records safe is to invest in secure off-site confidential storage with a company such as Restore Records Management. The net result is that when paper records are unorganized (e.g., loose documents on a printer, papers on a desk, etc.) Processing data is necessary to perform a task in the public interest, or to exercise an official authority. Feel free to contact us for an initial, no-obligation discussion. That’s not the EU’s view, at least according to article 4 (3) of the draft General Data Protection Regulation: “‘Processing’ means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.”. This booklet is intended to provide an overview of some of the key issues and jargon surrounding data protection in the digital environment. Do not leave PII or PHI reports in unsecured locations such as your home or car. Q Why should employers review how sickness and absence records are kept? Compliance; Damastown Rise, Still, unless your and your colleagues take steps to get information secured, you’re at real risk of non-compliance and hefty fines. 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. Eircode: D15 R250, Copyright © 2020 Superior Storage Limited T/A Document and File Storage. Regulators and legislators may have been thinking mainly about Google, Facebook and other big online operators when framing the General Data Protection Regulation. Thus the organisation must abide by these laws to protect the data. Ad hoc printed reports with PII/PHI data should identify the name of individual responsible for printing as well as date and data source. HMRC is committed to the efficient management of our records for the effective delivery of our services, to document our principle activities and to maintain the corporate memory. Any organisations (or type of organisations) that the data has been disclosed to, or may be disclosed to. Within GP records, patients may wish that part of their medical history be deleted, but that may be at odds with a statutory requirement and may compromise the NHS’s ability to provide safe and effective care. 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. 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. Make sure that your organisation isn’t collecting data through illicit means, or processing it without a clear justification. Of course, with an off-site storage provider, this is considerably easier. The benefits of effective records management are: 1. protecting our business critical records and improving business resilience 2. ensuring our information can be found and retrieved quickly and efficiently 3. complying with legal and regulatory requirements 4. reducing risk for litigation, audit and government investigations 5. minimisin… The DPA applies to the processing of personal information and extends to some paper records as well as those held electronically. Legal Regulation. Tax Season Is Here – File Early To Protect Yourself, U.S. Bank Accounts Threatened by Trojan Malware, Protect Paper Records with Sensitive Information, Spear Phishing: Human Error Remains the Weakest Link in Security, Surfing the Internet on your Smartphone? Control access to personal data. The Data Protection Act covers any data or information stored on a computer or an organised paper filing system. The Data Protection Act 1998 (DPA) is based around eight principles of ‘good information handling’. The type of recipients that the organisation have or will disclose the data to – particularly those based in third countries. Your Questions. Even the act of storing data is, in itself, processing according to the draft regulation. 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. Full agenda. Indeed, under Article 33, organisations will be obliged to think about it. Shred paper with PII/PHI before discarding. Sensitive information in any format must be transported in a secure, approved manner. 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). Their right to seek amendment of the data, or complain to the appropriate authority. Agenda. Forty-second Plenary Session of the EDPB - 19 November. Evaluate whether doing so creates risks for individuals and, if so, start taking steps to minimise those risks. According to article 28, an organisation controlling personal data (or its representative): “Shall maintain a record of all categories of personal data processing activities under its responsibility.”. One major part of complying with the new "Protection of Personal Information" Massachusetts law involves securing your paper records. The vast majority of organisations, therefore, have responsibilities to handle that information in compliance with the Regulation. What is Protected Health Information (PHI)? Sign up for free news and updates from Document & File Storage on information management. Personal data is information that identifies living individuals. For a fee, employees can ask to see the data you hold on them. A description of the categories of data subjects, and of the type of personal data related to them that the organisation holds. It goes without saying that organisations holding or processing data are expected to keep it secure. Damastwon Industrial Estate, Abiding by these, the Regulation says, will demonstrate compliance. We will never sell your information to third parties. This kind of robust record-keeping isn’t just for fun: it’s important to protect the rights of individuals to access their own information. Products. Your business stores paper and electronic records securely with appropriate environmental controls and higher levels of security around special categories of personal data. In particular, protection of personally identifiable information (PII), as well as protected health information (PHI), in all forms, is required by various federal and state laws including HIPAA privacy and security regulations, FERPA and GLBA. Farming out older but still useful documents out to off-site storage will effectively control access to personal data in an efficient way. While the Regulation has been getting plenty of media coverage and discussion, this has mainly focused on digitally transmitted and processed data. Review how you collect data. Why it Matters With Great Storage Comes Great Responsibility, Watch Out for Email Spam and Scams Targeting the Presidential Election, Internet Scammers Using Fake Phone Numbers, Encryption: The Key to Privacy and Information Security. Data must not be kept any longer than is necessary for a legitimate purpose and it must not be excessive. Sensitive information in any format must be transported in a secure, approved manner. Businesses face significant challenges in applying the new EU Data Protection Regulation to paper records; Iron Mountain offers some advice. Company Registration Number: 382743. Establishing an in-house system that defines access to personal data in physical documents can involve quite a bit of investment. Learn more with eLearning from DeltaNet. This is easy to implement for digital information, of course. Make sure that your colleagues understand and respect the risks of holding or processing data. Sensitive information on paper is the same as sensitive information on a computer. Of course, it’s relatively easy to get digital data in some semblance of order. Manage the risks of processing and holding data. DeltaNet International. In fact, the authors of the General Data Protection Regulation want to make things that bit easier for businesses by developing pan-European codes of conduct for data protection. 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. Information required for processing special category data or criminal conviction and offence data under the Data Protection Bill, covering: the condition for processing in the Data Protection Bill, the lawful basis for the processing in GDPR and your retention and erasure policy document. PII can also be used for identity theft and other crimes. The EU General Data Protection Regulation is one of the most important pieces of privacy legislation to land in recent years. A person has given unambiguous consent to using their data for a specific purpose (for example, if a person gave their details to receive promotions by mail). Elements of the GDPR, such as data portability will be difficult to apply to information stored only on paper. 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. All Rights Reserved, University of Miami Miller School of Medicine, Coronavirus (COVID-19) Privacy Resource Center, Research Requests with Consent to Contact, Disposing of Protected Health Information, Protecting Sensitive Data is Everyone’s Responsibility, Implementation of Automated Patient Privacy Monitoring, Tax Season is Here – File Early to Avoid Scams. Please contact Records Management for further information. However, some added responsibilities in the General Data Protection Regulation will make organisations think about how they’re handling that information. Happily, most of the demands from the General Data Protection Regulation are things organisations can live with – and really best practice already. Processing data is necessary to fulfil a contract where that the person is subject to (for example, if a person gave their delivery address to receive products). It doesn’t apply to anonymous information or to information about the dece… Remember if you would not want someone to access this information on your computer, you probably would not want them to have the same information on paper. There should be a tracking or logging process surrounding the use, transport, and storage of paper records in order to identify the user as well as the location of the record. At its core, ... server), or health records. How To Apply New EU Data Protection Regulation To Paper Records. Do not leave such reports in open, unsecured areas within your workspace, as this information may be seen or even taken by unauthorized parties. - Be Wary of Security Threats, Epsilon Email Breach: What You Need to Know, Abusing your Systems Privileges Can Lead to Termination, Warning: Your Computer May Not Be Infected, Watch Out for Haiti Earthquake Relief Scams, Information Security when Traveling Abroad, Everything I Need to Know About Stealing Your Identity, I Learned from Facebook and MySpace, As Tax Season Approaches, Learn More about Tax Refund and Stimulus Payment Scams. Regulators and legislators may have been thinking mainly about Google, International data protection agreements, EU-US privacy shield, transfer of passenger name record data. Avoid printing SSN unless required by law or unavoidable business related need. Do the same rules apply to paper records and electronic records? Limit distribution of documents with PII/PHI and know who is receiving the documents and how it will be used. Data Protection Impact Assessment reports. (DPA), data controllers of health records could charge between £10 and £50 for an access request, depending on where the records were held. Here's my advice on how to get started. Again, the process of moving files to off-site storage will help get your organisation’s information organised efficiently. But if your organisation is handling significant volumes of personal information in physical documents, you will need to adopt robust systems for keeping track of how it is managed. 15 December 2020. Search our courses. Data protection legislation sets out rules and standards for the use and handling ('processing') of information ('personal data') about living identifiable individuals ('data subjects') by organisations ('data controllers'). There may be business and/or clinical reasons for generation of paper reports containing sensitive information. The law applies to organisations in all sectors, both public and private. Data protection legislation 4.3 The Data Protection Act 1998 (DPA) applies to dental records and dental professionals must abide by its principles. For the medical campus, recycle bins are available from Environmental Services. Your Action Plan 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. That way, if you are unlucky enough to suffer a data breach, you can demonstrate that your organisations considered the risks involved, and based its subsequent actions on a reasonable evaluation of those risks. However, organisations sitting on a sprawling mass of personal information without proper record-keeping or control leave themselves at risk of being unable to fulfil their obligations to data subjects. Treat Paper Records & Electronic Data Equally. The General Data Protection Regulation sets quite a high standard for record keeping when you’re processing personal information. The General Data Protection Regulation is quite vast, and there’s a lot for organisations to understand if they want to be in compliance. Always store paper reports containing PII/PHI in a secure location such as a locked filing cabinet and know who has access to the location. If your organisation been disorganised in managing data, getting records up to scratch may be a mammoth task. Quite a bit of latitude is given to individual regulators to set these fines, and these are meant to be applied where an organisation has breached the Regulation “deliberately or negligently”. With our help, you can implement and enforce a very clear identification and filing system for your confidential paperwork. 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. Three principles are key: collect data in the right way, think about risks, and process it securely. Ransomware - What is Your Personal Data Worth? The University has contracted with Iron Mountain for secure off-site storage of records. 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…”. However, the definitions they have set in Article 4 make it clear: this applies to anyone holding or handling personal data, at any scale, regardless of the format. Article 23 (1) and (2) of the General Data Protection Regulation lays this out clearly. An awkward data access request, from a person prepared to get the Data Protection Commissioner involved, could create major problems. Physical Access controls should be used for offices, labs, classrooms, or any other area that houses records or electronic systems with PII or PHI. The Data Protection Act 1998 currently does not place the question beyond doubt, but the Commissioner understands the Government is considering changes to the law that will do so. Personal data, as defined in the current draft, doesn’t need to be online to be covered by the General Data Protection Regulation. It also helps significantly with your next big obligation: keeping a detailed record of your processing. “Where a type of processing … is likely to result in a high risk for the rights and freedoms of individuals, such as discrimination, identity theft or fraud, financial loss, damage to the reputation, unauthorised reversal of pseudonymisation, loss of confidentiality of data protected by professional secrecy or any other significant economic or social disadvantage, the controller [must] carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.”. Your business restricts access to records storage areas in order to prevent unauthorised access, damage, theft or loss. See sections 24 and 25 of the Data Protection Act 2018 and the Freedom of Information Act 2000 s.40(3A)(b) which provides the exemption for manual unstructured personal data held by a public authority (where disclosure would breach a Data Protection Principle). Data protection acts differ from one country to another. The name and contact details of the processor. Here are five important steps to take today. The DPA states that it is important that records are: • accurately created • carefully and securely maintained • disposed of appropriately. Do not leave PII or PHI reports in unsecured locations such as your home or car. Do not throw in trash bins. The new Data Protection Act 2018 (DPA) incorporates the agreed provisions of the EU General Data Protection Regulation (GDPR) and applies to most HR records, whether held in paper, or digital format. 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. The General Data Protection Regulation isn’t a stick to beat companies who suffer setbacks or breaches despite their best efforts – it’s designed to make every company respect personal privacy and data security. Reform Impact of the new data protection rules on EU citizens, business and public administrations. a historic record of treatment cannot be directly updated). The Data Protection Commission (DPC) is the national independent authority responsible for upholding the fundamental right of individuals in the EU to have their personal data … The data protection acts cover every form of data and each law is specific for the type of data. Security Updates Not Only for “Critical” Applications, Home Broadband: High Speed, but High Risk, Exercise Caution when using Public Wireless Access Points, Lessons to be Learned from Recent Data Security Breaches, Do Not Abuse your Information System Privileges, Personal Data Assistant (PDA) Security Tips. 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Face significant challenges in applying the new `` Protection of personal information and extends to some paper data protection paper records.
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