Learning Material Sample

Data Protection law in the UK

9. Security

The Data Controller is responsible for data security, which relates to the prevention of unauthorised access to, abuse of, misuse of or loss of personal data, whether accidental or malicious.

In the financial services sector data security is extremely important as many...

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...ping data secure is in the interests of firms as well as a legal requirement.
Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing or disclosure of personal data and against accidental loss or destruction of, or damage to, personal data.

These measures will depen...

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...to minimise or prevent these risks.

The most prevalent cause of data breaches is human error; people clicking on links in phishing messages, social engineering and other scams. Training is vital to encourage good ‘cyber hygiene’.

There is an obligation to report any data security breach to the Data Protection Authority (DPA), the ICO in the UK, without undue delay and definitely within 72 hours and to notify data subjects of the breach to enable them to protect themselves. Records of all breaches must be kept.

The only exceptions to this reporting requirement are where the...

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...risk or where the effort to notify would be disproportionate, in which case a public notice will suffice.

It is important to have a process in place for identifying and reporting breaches.

Notifications can be made online via the ICO website.

Within what timescale must breaches of security be reported?

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