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As I said, I don't have a problem with the principle of the legislation, but the kack handed way it expects the law to be applied. This 'single set of rules' could be applied simply by setting out what is expected of us all rather than have everyone chasing their tails putting in place privacy notices, etc. Even if that was justified, why has the ICO not made models available? Instead, everybody has to draft from scratch. Do the EU think we have nothing better to do with our time? |
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Small organisations did not need privacy agreements until this beast from the EU East came along. Once again, you have ignored the point that all organisations are having to put in place documentation which could have been clauses in the legislation instead. It's a fine example of EU red tape and I sincerely hope that a future UK government unravels it. If we are to be successful outside the EU, we need less regulation and red tape, not more. |
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If you're a small company, internal procedures can be straightforward and proportionate. A standard privacy policy will suffice. A GDPR industry has crept up, a bit like the millennium bug industry in 1999 with many scare-mongers prophisising gloom and doom to line their pockets. Bad news GDPR consultants, I wasn't fooled in 1999 and I won't be fooled now. |
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There is not a problem with protecting personal data. It is the problem of laying down laws in a scattergun manner which ties everyone in knots. Maybe you should talk to one of the small organisations affected by this and see how happy they are with the GDPR - if they even understand it. http://www.computerweekly.com/news/4...about-the-GDPR |
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The UK data protection and rights as it stands is incredibly lax compared to other countries in Europe. I have German and Belgian colleagues and the hoops that need to be jumped through are much harder than here in the UK.
In Germany, any employee data collected has to have a reason as to why this data is collected and what it will be used for. For example, if you wanted to measure a call centre performance but not measure individual performance, very strict measures must be taken to anonymise the data so there is no way of tracking back how many calls each individual has taken. If individuals data is captured, the reasons for this data capture is run by the company works council (union) representatives before it can be done. In Belgium, we had big issues as a number of my companies data servers are based in the US. Our US data servers had to be audited by the Belgian government before this was allowed under Belgian law. Interestingly, for most personal data, the US isn't very stringent on data protection. The one case I know where there is an exception to this is hospital patient data. This is covered by the Health Insurance Portability and Accountability Act (HIPAA) which is incredibly stringent. Offshoring US patient data is very, very difficult. GPDR is trying to put a 'one size fits all' approach to data protection which is an admirable aim I suppose. I understand it can be a pain to small businesses to set up compliance and did have the thought if there could be exemptions but then realised what about small law firms, insurance brokers, financial advisors, etc. |
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As for your link, it talks about businesses being advised to use simple language in their (quite unnecessary but legally required) documentation. Pity they couldn't have used simple language and straight forward means of implementing the requirements in the legislation. |
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Tories heading for 'record all-time low' in London local elections according to new analysis.
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https://www.ft.com/content/f4cc8a98-...a-7e7563b0b0f4 |
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Stating on your website in plain language why you are collecting information and the purpose for what it will be used for is not a burden, it's common sense and people are entitled to dealing with organisations that operate in this way. Your suggested approach of telling people that your data is being collected and they should refer to sub-section 7.1.2 of a particular regulation is unfair to most people who are not legally-trained. Once again, you start off with the the objective of trying to criticise the EU and trying to get the facts to fit your thesis. Like a square peg in a round hole, they don't. |
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CA only deals with commercial organisations and political organisations so your reference to them is spurious as they do not have dealings with the public.
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If you want a lesson on parent/umbrella companies you just need to look at the now gone (amalgamated) Grand Metroplitan's history. https://en.wikipedia.org/wiki/Grand_Metropolitan Makes interesting reading for those who don't know how companies with subsidiaries operate. The parent/umbrella company may own the subsidiary but each one is run as it's own independent concern. Where the profits eventually end up is a different story. |
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When people talk about say Ford or Cambridge Analytica they generally mean the whole of the company including its subsidiaries. |
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Wrong again Andrew. |
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1) Courtesy. Please disagree away but "wrong again" is not courteous. Why the antagonism mate? 2) Accuracy. Brewing was one of their core businesses so it makes them a brewer. 3) The fact that no one ever said they were a brewer from day one. |
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For example, rather than have every organisation having to state that they will only use personal data for the purposes for which it was collected, the legislation itself should say something like: 'Where an organisation collects personal data by consent, it shall not use such data for any purpose that has not been agreed by the subject.' It really is that simple, and it is a good example of how the EU seems to prefer always to tie everyone up in red tape. Contrary to what you say, it certainly is a burden for small businesses, particularly when you remember that if you select the wrong category for describing the data usage, you cannot subsequently put it into a more appropriate category as you will be deemed to have breached the regulation. So you have to report yourself immediately you realise and face a huge fine! This regulation is oppressive and should never have been enacted in its present form. |
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The legislation is all about giving power to the people and encouraging companies to handle data in the way that they would want their own personal data handled. I can't see an issue with companies having a privacy statement that confirms data will only be used for the purpose for which consent was given. legal good practice wording is to state a positive, not a negative so your wording fails that basic test. Remember, a company's legitimate interest in processing data overrule's an individual's consent. What precise circumstances do you mean? Can you provide an example? But GDPR probably requires a separate thread itself as I'm seeing lots of intelligent people like you bamboozled and led to the nearest cashpoint by consultants and lawyers. ;) |
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Sledgehammer. Nut. :D |
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Don't use customers' data for the purpose it wasn't intended for. Put yourself in the customer's shoes. Destroy customer data when it's no longer needed. The issue is effective communication to people like you who try and find negatives in anything from the EU from the UK ICO and not the regulations themselves. That should change in May when their consumer campaign starts. |
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For those who don't understand what this is all about, here is a very straight forward guide to what every organisation now has to do. Now just think what is involved to put something together which is going to be compliant with this. The full horror starts to dawn on you when you read this. http://www.computerweekly.com/news/4...about-the-GDPR |
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So, in summary..
Someone has to allow you to keep any info that can personally identify them, and you need to record that assent. You can’t use their info for any purpose other than what you said you would. The info has to be accurate and kept securely. Have a named person responsible for this info You have to delete their info when requested. Sounds fair to me... |
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But how is that a huge overhead?
Surely, this is the minimum we should expect - we don't want our personal information to be misused, so the collectors of this information have a responsibility to make sure any info they have on us is relevant, necessary, and secure. |
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As I said a few times, the requirements to keep data safe should be set out in law, and that's it. No need for privacy statements and the like. |
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Because you have to prove that you are following the rules so have to demonstrate the data is secure and you have processes to prevent it's misuse. And misuse would include using it other than intended not just securing it from access.
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I'm not a burglar, but I don't have to prove it with tons of documentation setting out my respect for other people's property! Can nobody see what a nonsense this is?. |
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And with most home insurances, if you don't have window locks and appropriate door locks (and can prove it), you won't be covered. |
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Are we looking for the phrase 'due diligence' here?
Proof that, even if it all goes wrong, you were aware of it and taking steps to prevent it :shrug: |
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Unfortunately, bureaucratic minds love complication and making life difficult. And that's not good for business, which works best with straight forward processes and light regulation. You can get absolutely the same result on data protection without requiring organisations to produce all this paperwork. However, I don't think you will ever understand the concept, Andrew, judging by the responses you have given on this subject. |
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Hugh gave a great summary, it really isn't as hard as you make it out to be, and if anyone hands over their personal data they're entitled to know the purpose that it will be used for in plain English. This is pretty straightforward stuff, Old Boy. It sounds as if you have a 20th century view on the value of personal data and only see the costs and not the benefits in keeping it secure and demonstrating this value to potential clients. That's an uncommercial and outdated approach to 21st century business challenges. |
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By the way, a privacy notice is paperwork, Andrew, as is the millions of letters or emails sent to all service users to say what good, responsible people we are in getting your consent, despite the fact that you already knew why we were collecting your name and address in the first place. Not every organisation is another Facebook or Cambridge Analytica. Talk about sledgehammers and nuts! |
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The obligations for organisations are set out by the GDPR. But a privacy notice for Facebook will vary from that for a local snooker club, for example. That's sensible, proportionate and not a sledge hammer by any wild stretch of the imagination. There is legitimate use of customer data, you don't need to get customers' consent if this is the case. If you're sending millions of emails it sounds like you're the consultants' favourite customer and are gold-plating things unnecessarily as your prejudices are overly-shaping your implementation. |
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But you certainly appear to misunderstand the impact of this regulation on small and medium sized organisations if you believe that you don't need to get customer consent to use their data. I am secretary of an organisation that collects names and addresses simply for the purpose of collecting subscriptions and sending information to our members. That is perfectly legitimate, but we still have to write to all 1000 odd subscribers and get their written consent to the collection of this data, and tell them how we use it, although they already know. We also have to give them all our privacy document. This is simply unreasonable, short and simple. Apart from the time taken to compile all of this, we have to spend money on printing this lot, and train everyone on their duties under the regulations even though they already comply. We cannot risk a fine for not doing any of this properly. I think you need to read the regulation again, Andrew, because I don't think you have taken the full implications on board. Just read the ICO site and consider how a small organisation gets its head around all of this. It's a flaming nightmare. And totally unnecessary to tackle the problem this way. |
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The ICO makes it clear that if you collect personal data by consent, you have to tell every person affected for what purposes it will be used (even though it may be obvious) and get their informed consent. They have to be given a copy of your privacy notice as well. On consent, this is one of six 'lawful bases for processing' and by processing, they mean even simply keeping names and addresses. You have to tell people what the lawful basis is for collecting their data, and if you get it wrong, you have to grass on yourself by owning up to the ICO immediately, for which you will be subject to a huge fine. From the ICO site itself: What are the lawful bases for processing? The lawful bases for processing are set out in Article 6 of the GDPR. At least one of these must apply whenever you process personal data: (a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose. (b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract. (c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations). (d) Vital interests: the processing is necessary to protect someone’s life. (e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. (f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.) Why the need for all this? Because the EU is a huge bureaucratic organisation that likes to control people by getting them to jump through their hoops. We will be well out of it when we leave, and my hope is that legislation like this (eg the Acquired Rights Directive, Working Time Directive, etc) will be simplified in UK legislation after we leave the EU. You can achieve what you want to achieve without making legislation so complicated and time consuming for everyone. |
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GDPR is about protecting individuals from the state and corporations. Standing up for the little guy. You put your privacy notice on your website, destroy data when it's not required and advise people why you need their data and the purpose it will be used for. I'm fully conversant with the ICO's stance on fines and it's very much a carrot approach not a stick one. It's a UK upgrade to better privacy and the ICO knows things won't be picture perfect on 25th May but they will be seeking good practice starting with large organisations not small clubs. All your costly gold-plating ane mail-outs neeeds a rethink and I urge you to seek advice before spending more unnecessary time and money on this. |
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I am livid about this whole thing and I dare say that I have alerted people reading this thread to the insidious way in which EU bureaucracy is creeping into our lives, making innovation seem to be more trouble than it's worth. It's not sticking up for the little guy. It's making life a misery for voluntary and charitable organisations, clubs and SMEs. The little guy gets bombarded with conditions every time he/she signs up for a service. I know for a fact that most people sign up without reading these terms because they are pages and pages long. All the bureaucracy achieves nowt. Anyway, you are never going to admit that this is OTT, but I hope I have got my point across to others. And if anyone reading this finds that they may be affected by this because they hold personal data, don't just accept Andrew's soothing words. Don't be complacent - go to the ICO website and read it for yourself. |
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Everyone else has tried to point out your misinterpretation so I'm quite happy if you take Hugh's word or Jon's instead. You're livid because you're misunderstanding things. Please save your members time and money by connnecting more with the ICO and less with your anti-EU prejudices. You also seem to have forgotten that legitimate use over rules consent. Or is this an inconvenient truth? |
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Sorry OB but I agree with the others, you are reading too much into what you think is required as opposed to what actually is.
I would suggest you contact the ICO and get the relevant advice before taking action which may prove expensive and unnecessary. https://ico.org.uk/global/contact-us/ |
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Well, I can read the ico website as well as anyone, and if People Management believe there is a problem for small organisations, people will be advised to take this seriously.
https://www.peoplemanagement.co.uk/n...nto-GDPR-abyss Ann Bevitt, partner at law firm Cooley, said a reported lack of preparation for the GDPR could be the result of smaller businesses that have been outside previous EU directives on data protection. “There are a lot of smaller companies and tech start-ups that are not caught by existing EU law, but will be caught by the GDPR,” she told People Management. “Within that population, the vast majority are just waking up to it, purely because they did not anticipate that the GDPR would apply to them. Those small companies will also have to grapple with a steeper learning curve than larger organisations, because they do not have that base of directive compliance to build on, so will have to get to grips with the terminology and legal bases.” According to the report, companies could be forced to spend eight hours a day, or 172 hours a month, on data searches after the implementation of the GDPR, with more than one in three (39 per cent) UK-based directors saying they were concerned about their ability to be compliant. More than one in 10 (13 per cent) UK companies said they were not confident they knew where their data was housed, while 12 per cent reported that they had not accounted for all databases. |
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To consider it another way, how many councils, organisations or companies have contacted you to inform you of their privacy policies? |
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Smaller organisations have not previously been covered by the data protection regime and normally do rely on consent to gather their data, which is often only names and addresses. I still say, however, that whatever you say about this, there are better ways of passing laws that should not need to require a level of organisational bureaucracy to enforce. |
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Section 7 in that PDF resolves OB's main complaint.
As I said he's reading more into it than is what is required. |
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Anyway, let's move on. We are not getting anywhere here. If the amount of denial on this forum is reflected throughout organisations, there will be a lot of panicking going on further down the road. |
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The Conservatives are bracing themselves for disaster in next month's local elections.
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Jewish population in London is huge, they would not vote in a Anti-Semitic party by any shot.
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To quote from the article that you posted "The two biggest problems on the doorstep are Theresa May, who seems to embody a Shires Toryism, and Brexit, which three-in-five Londoners voted against." |
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https://www.citymetric.com/politics/...d-numbers-3773 http://www.bbc.co.uk/news/uk-england...shire-43451926 |
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Anyone that votes acertain way in local elections because of brexit is stupid the hint is in the title "local" and if they haven't come to terms with brexit by now that's their problem but voting a certain way because of brexit in local elections shows that stupidity is present on both sides of the issue.
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That is where the stupidity arises. |
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Yes and those same people will complain they are not listened too on local matters when they waste a big part of their say with irrelevant reasoning.
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The world's gone mad! ---------- Post added at 18:27 ---------- Previous post was at 18:24 ---------- Quote:
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Infighting is occurring in Labour! The Tories can keep blaming them while there is an incompetent, pathetic and weak leader when it comes to racist and anti-Semitic actions within the Labour Party, as far I am concerned. |
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No I've got the right party they've been infighting and obsessed with the EU for 40 years. Meanwhile domestic issues can go hang.
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Obsessed for the right reasons because we never should have joined! They remedied that by finally giving the people the choice to leave the corrupted EU. |
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The fighting is because a comfortable majority does not exist. The same happened with the 1970s Callaghan government. |
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After 10 years outside the EU post Brexit, I think the vast majority will agree that this was a good move, provided that Corbyn's lot don't get in and make a huge mess of things, as they would. ---------- Post added at 11:23 ---------- Previous post was at 11:22 ---------- Quote:
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BREAKING: Amber Rudd has resigned as Home Secretary following the Windrush Scandal.
https://news.sky.com/story/theresa-m...ation-11353254 |
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Her position was pretty untenable IMO as the Windrush Scandal unfolded.
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She could have weathered the Windrush stuff. It was misleading Parliament that got her, even if it was (possibly) unwittingly. In the eyes of MP's that's worse than acid bath murderer.
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Yeah Windrush wasn't really her fault apart from responding slowly when she learned of it.
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I still want to know who set the targets..
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And lets remember here, so far, Conservative MPs who have accepted wrong doing in the cabinet have resigned when faced with tough pressure. In the Labour Party, where Antisemitism is rife, so far there is a leader who won't deal with the problem properly despite being under pressure, i.e by sacking Ken Livingston or resign. And also lets face it, those people calling Rudd out on the left, want Labour to be in control, that would be cannot count, Diane Abbott as Home Secretary.... who had a previous history of supporting the IRA along with her previous lover boy, Corbyn. It was also in the news yesterday that Russia influenced last years snap election to get Jeremy Corbyn elected, the Putin appeasing he has been doing of late, makes total sense now. :rolleyes: https://www.express.co.uk/news/polit...Election-Putin ---------- Post added at 11:35 ---------- Previous post was at 11:29 ---------- Quote:
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Sajid Javid has replaced Rudd as Home Secretary.
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The position should be that all illegal immigrants are deported when found but there isn't any point being a arbitrary number on it. For a start we don't have definitive numbers on how many of them there... |
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The logical target would be a percentage, not a value. So, deport 95% of illegal immigrants in 12 months for example not deport 100,000 illegal immigrants.
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Their cannot be a percentage set as a target for illegal immigration as the total figure is an unknown. For every one illegal immigrant there are possilbly another 5 unknown That is the nature if illegal immigration, no-one ever know the true figure. Many may never be detected. |
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I think this is unlikely but interesting that it's even being mentioned nonetheless:
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Also see non-subscription link https://www.huffingtonpost.co.uk/ent...ef=uk-homepage |
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