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Author Topic: The Coffee Shop forum and the GDPR (General Data Protection Regulation)  (Read 209 times)
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« on: April 14, 2018, 08:16:45 am »

GDPR - General Data Protection Regulation. Enforcement date: 25 May 2018 - at which time those organizations in non-compliance may face heavy fines.  The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy.

How does this affect the forum?

From the very first member who joined this forum, we have required active consent to terms and conditions which include the holding of your email address to allow us to contact you.  Other data which you choose to share is accessible to you via your profile, which you can view, update and delete as you see fit.  We do not, and never have, release or share your personal data, and it's maintained on a system within the EU (at least until 29th March next year ;-) ).  Clearly, posts are shared - it's your choice when you post anything, or send anything in a message, to share that data with anyone who visits the Coffee Shop (most boards) or who is a frequent poster ("Frequent Posters", "Rumour Mill" and "And Also"); on those latter areas and on personal messages, as the forum operators / data controllers, we can ask readers / recipients not to share content beyond the terms we state, but we cannot enforce such requests save for removing access after the event(s) to members who fail to heed such requests.  On those rare occasions that a member asks for his / her personal data to be deleted, we have (and will) do so, and we can and will supply a copy of what data we have if requested - as it's available to individual members under their own profile anyway, this would be an odd request in our situation.

All in all ... I think we've been pretty well in with the spirit (and indeed the letter) of GDPR for the last decade, and we have no major things to do over the next month.   Discussions a couple of months back on the forum - - also confirmed wider opinion here that the forum is already covered for GDPR

I shall be emailing every signed up member (i.e. everyone who has taken action to agree to our terms and conditions) to confirm the membership here which they signed up for, and provide them with a link to the terms and conditions and how they were updated in 2008, 2012 and 2013 - see . That email will confirm that I believe us to be GDPR compliant, and remind the of our contact details (and our presence) if they haven't been here for a while.

From - "An overview of the main changes under GPDR and how they differ from the previous directive"

The aim of the GDPR is to protect all EU citizens from privacy and data breaches in an increasingly data-driven world that is vastly different from the time in which the 1995 directive was established. Although the key principles of data privacy still hold true to the previous directive, many changes have been proposed to the regulatory policies; the key points of the GDPR as well as information on the impacts it will have on business can be found below.

Increased Territorial Scope (extra-territorial applicability)
Arguably the biggest change to the regulatory landscape of data privacy comes with the extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location. Previously, territorial applicability of the directive was ambiguous and referred to data process 'in context of an establishment'. This topic has arisen in a number of high profile court cases. GPDR makes its applicability very clear - it will apply to the processing of personal data by controllers and processors in the EU, regardless of whether the processing takes place in the EU or not. The GDPR will also apply to the processing of personal data of data subjects in the EU by a controller or processor not established in the EU, where the activities relate to: offering goods or services to EU citizens (irrespective of whether payment is required) and the monitoring of behaviour that takes place within the EU. Non-Eu businesses processing the data of EU citizens will also have to appoint a representative in the EU.

Under GDPR organizations in breach of GDPR can be fined up to 4% of annual global turnover or €20 Million (whichever is greater). This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts. There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or not conducting impact assessment. It is important to note that these rules apply to both controllers and processors -- meaning 'clouds' will not be exempt from GDPR enforcement.

The conditions for consent have been strengthened, and companies will no longer be able to use long illegible terms and conditions full of legalese, as the request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it.​

Data Subject Rights

Breach Notification
Under the GDPR, breach notification will become mandatory in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of first having become aware of the breach. Data processors will also be required to notify their customers, the controllers, “without undue delay” after first becoming aware of a data breach.

Right to Access
Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format. This change is a dramatic shift to data transparency and empowerment of data subjects.

Right to be Forgotten
Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. It should also be noted that this right requires controllers to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests.

Data Portability
GDPR introduces data portability - the right for a data subject to receive the personal data concerning them, which they have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller.

Privacy by Design
Privacy by design as a concept has existed for years now, but it is only just becoming part of a legal requirement with the GDPR. At it’s core, privacy by design calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition. More specifically - 'The controller shall..implement appropriate technical and organisational an effective way.. in order to meet the requirements of this Regulation and protect the rights of data subjects'. Article 23 calls for controllers to hold and process only the data absolutely necessary for the completion of its duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

Data Protection Officers
Currently, controllers are required to notify their data processing activities with local DPAs, which, for multinationals, can be a bureaucratic nightmare with most Member States having different notification requirements. Under GDPR it will not be necessary to submit notifications / registrations to each local DPA of data processing activities, nor will it be a requirement to notify / obtain approval for transfers based on the Model Contract Clauses (MCCs). Instead, there will be internal record keeping requirements, as further explained below, and DPO appointment will be mandatory only for those controllers and processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or of special categories of data or data relating to criminal convictions and offences. Importantly, the DPO:
* Must be appointed on the basis of professional qualities and, in particular, expert knowledge on data protection law and practices
* May be a staff member or an external service provider
* Contact details must be provided to the relevant DPA
* Must be provided with appropriate resources to carry out their tasks and maintain their expert knowledge
* Must report directly to the highest level of management
* Must not carry out any other tasks that could results in a conflict of interest.

TransWilts Rail - Linking North to West and South 9 times a day. [see here]
Four Track, Now!
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« Reply #1 on: April 14, 2018, 05:08:13 pm »

Looks fine by me, and I have no concerns personally. Good work, Graham.

Now, please!
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« Reply #2 on: April 15, 2018, 08:45:58 am »

Is the Coffee Shop registered with the ICO under its own name or under Well House Consultants?
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« Reply #3 on: April 15, 2018, 08:56:08 am »

Is the Coffee Shop registered with the ICO under its own name or under Well House Consultants?

Well House Consultants is registered and advice is that it has covered. The Coffee Shop is not a formal entity but rather started as a club / group of us getting together, all by agreement up front, and the situation has been in the past that there has been some question as to whether that cover was even required - but it's been there anyway.

TransWilts Rail - Linking North to West and South 9 times a day. [see here]
Do you have something you would like to add to this thread, or would you like to raise a new question at the Coffee Shop? Please [register] (it is free) if you have not done so before, or login (at the top of this page) if you already have an account - we would love to read what you have to say!

You can find out more about how this forum works [here] - that will link you to a copy of the forum agreement that you can read before you join, and tell you very much more about how we operate. We are an independent forum, provided and run by customers of Great Western Railway, for customers of Great Western Railway and we welcome railway professionals as members too, in either a personal or official capacity. Views expressed in posts are not necessarily the views of the operators of the forum.

As well as posting messages onto existing threads, and starting new subjects, members can communicate with each other through personal messages if they wish. And once members have made a certain number of posts, they will automatically be admitted to the "frequent posters club", where subjects not-for-public-domain are discussed; anything from the occasional rant to meetups we may be having ...

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