Data Protection and GDPR 2019 (Captions in 17 languages)

Data Protection and GDPR 2019 (Captions in 17 languages)

How often do you get asked for information
about yourself, or fill in a form with your personal details? Maybe you work with other
people’s data, how do you know if you’re handling it correctly?
Data protection is about personal data, what organisations need to do to handle it correctly,
and the rights individuals have about what happens to their personal data. We’ll look
at all these areas, but let’s start with what personal data is. This is Laura. In order for data to be ‘personal
data’ it needs to relate to an identified, or identifiable, living person. So Laura’s name by itself probably wouldn’t
be enough to identify her, but her name with her address would. When you’re on the phone and the person you’re
speaking to wants to verify who you are, they’ll often ask for your name, address and date
of birth. When these three are all together – that’s an example of personal data. But there are many other ways of identifying
a living person. For example, there’s biometric data like
a picture of a face or a fingerprint, the address a computer or smartphone uses to connect
to the internet can sometimes be used, and there’s also genetic data such as a person’s
DNA. Some of our personal data is sensitive and
there are special categories of personal data which must be processed with more care. Laura’s health records, her religious or philosophical
beliefs, racial or ethnic origin, political opinions, membership of trade unions, her
sex life and sexual orientation, as well as her genetic and biometric data are all classed
as special categories of personal data. And it’s fairly clear to see why these need
to be treated with greater care and why explicit consent to process them is needed. What organisations do with personal data is
known as data processing. This covers just about everything from obtaining it, storing
it, making sure it’s secure, transporting or transmitting it, and then erasing and eventually
disposing of it. A data controller is responsible for how data
is processed and a data processor carries out the processing. Look at this example. Recently Laura went online and did some shopping
on AmazeMe’s website. She gave them a lot of information about herself and her credit
card details. In this situation, AmazeMe is the data controller as they decide how that
data will be processed – what happens to it. But AmazeMe outsources its customer support
to a third party call centre. Employees in the call centre have access to some of AmazeMe’s
records, but can only use this data for very specific purposes. AmazeMe is the data controller,
and the call centre is known as a data processor. Because it’s Laura’s data that’s being
processed, she’s known as the data subject. So personal data is data which can identify
a data subject. The data controller decides how this data will be processed and processing
means just about everything that happens to data. The legislation that’s in place to protect
our data from being misused is based on a number of principles. Let’s have a look
at them. The first is that data must be processed lawfully,
fairly and transparently. And an important part about this, is the privacy
notice which explains how an organisation will use the personal data it collects.
AmazeMe’s privacy notice states that it needs Laura’s details to process her orders,
to carry out security checks and that they pass some data to a third party which provides
phone and online support for them. In most cases the data subject must give their
consent for their data to be processed. Laura remembers being asked for her consent
when she called about her car insurance and there was a checkbox on the web application
for her building society account. She sometimes gives her consent for her son’s
data to be processed as he’s too young to give it himself. When Laura asked about health insurance they
said they needed some details about her medical history, which is a special category of personal
data, so explicit consent was needed before her details could be processed. Organisations need to be open about why they’re
obtaining data, and how they’ll use it, and they mustn’t use it for anything which
the data subject wouldn’t reasonably expect them to.
Next. Data must be adequate, relevant and limited to what’s necessary. This is sometimes
called data minimisation. Like many of us Laura’s got a bank account,
car insurance and a mortgage. When she applied for these she gave a lot
of information about herself to the different organisations. But the information she gave
them had to be relevant to her applications and the organisations could only collect data
that they actually needed. For example, Laura’s bank doesn’t need
to know if she has any points on her driving license or even if she can drive, but the
company she used for her car insurance does. Things can change and our personal data must
be correct and, where necessary, up to date. When Laura renewed her car insurance she was
asked to check that all her information was up to date and correct. And recently, she contacted her mobile phone
company and asked them to stop sending her marketing material, so they updated her preferences.
Data must be kept in a form which permits identification of the data subject for no
longer than is necessary. Here’s an example. When Laura got a new job, the organisation
she used to work for had to keep some of her personal data, so that, for example, they
could provide a reference, but they disposed of her personal data they were no longer likely
to need. Things like who to contact in an emergency. Of course, when they disposed of her data,
they made sure it was done properly, because data must be processed securely We’ve all heard the stories. Hard drives found
on rubbish tips, laptops left on trains and hackers getting personal data. Laura expects, and the regulations require,
organisations to look after her personal data securely. This includes things like how data is stored,
backed up and protected from hackers and natural disasters. And it also means that employers must take
steps to ensure employees are reliable, and know what they can and can’t do with the
personal data they handle. For instance, when discussing personal data
with a customer, they must know how to verify that the person is who they say they are.
Also that they don’t do things like leaving personal data lying around where anyone could see it. Firms often store, or move data to different
parts of the world. And if any of Laura’s data is sent abroad
the data controller needs to be sure that it will be processed to the same standards
as it would be here. Keeping data secure is particularly important
because if the genie ever gets out of the bottle, there’s no putting it back. Laura, as the data subject has certain rights
– let’s go through them. The first is the right to be informed and
the privacy notice is used to inform us about how our data will be processed and if, for
example, it’ll be passed on to a third party. So that Laura can check what data an organisation
has about her and that it’s being processed fairly, she needs to have access to it. She
can do this through what’s known as a subject access request which in most cases, can be
obtained free of charge. If there are any mistakes in the data, or
if it’s incomplete, she can ask for this to be put right. She could object to her data being processed,
if for example, she thought it wasn’t being used correctly.
And if there’s a dispute about whether an organisation should be processing her data,
then the data processing might be restricted to it only being stored. If Laura posted something on the internet
which she now regrets, and there’s no real need for it to be kept, she can ask for it
to be erased. This is sometimes called the ‘right to be forgotten’ and is particularly
important for posts made by children. Laura has rights about decisions which are
made by automated means. For example, if her application for a loan was refused and the
decision had been made purely by automated means, with no human intervention, she could
ask for this decision to be reconsidered. This is also true if an automated form of
processing was used to analyse or predict things like Laura’s performance at work,
her economic situation or her personal preferences. This is sometimes called profiling. Finally, when Laura has provided personal
data to a data controller and it’s processed by automated means, she can ask for a copy
of her data so that she can transfer it and reuse it. This is called data portability
and here’s an example. Laura wants to see if switching her bank account
will mean she can get a better deal. All the banks have different offers and it’s
almost impossible to work out which one is best for her particular needs. But by taking the transaction history from
her current account, and uploading it to a comparison website, her data can be analysed
and show the best options based on her previous usage. We all want our personal data to be handled
safely and securely, and for it not to be used in ways which could harm us. So understanding what the legislation is,
how it protects us and those around us, as well as what our rights are as individuals,
can all help to make sure our data, and the data we handle, is processed fairly and lawfully.

6 Replies to “Data Protection and GDPR 2019 (Captions in 17 languages)”

  1. Here's our video about Data Protection and GDPR for Email Marketing:

  2. Now with CAPTIONS in FIFTEEN European languages including: Czech, French, German, Greek, Italian, Polish, Portuguese, Romanian and Spanish – Select the language from the settings icon

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