Data Keep it Safe

Many businesses believe that registering under the Data Protection Act is all one needs to do to comply with it. This is way off the mark.

Are You Compliant?

The Data Protection Commission has highlighted a change in emphasis by the authorities away from registration (which is still important) towards compliance. So, what is “compliance”?

This article can only scratch the surface of this question. Basically, if you store and deal with people’s personal details (which most of us do) on or off-line, then you must:

Deal fairly with people’s information
Tell them what you collect
Tell them what you will do with it (and do so!)
Keep it safe and secure.

The final point is often missed. It is not sufficient just to think you have good virus protection and maybe a firewall for your IT systems. You must do all you reasonably can to fully protect the data. A British Chamber of Commerce campaign to advise on security issues is based upon the worrying finding that 93% of firms have experienced a virus attack or irregular intrusion and the even more worrying finding that 61% had experienced one or more computer related crimes. So, you must take steps to avoid that happening to you. Businesses must not only look to protect against things like hacking from outside but also internal theft of information and even misuse of information by a disgruntled ex employee.

Data Protection Checklist

Are you sure your IT system is reasonably secure? (Have you had it checked--this can be done relatively cheaply by specialist IT support services.)
Are your employment contracts up to date and do they include security of data issues?
Do you have a proper privacy policy, is it made known to site visitors, and is it followed?
Have you considered physical threats such as break-ins to where your computers are?
Do you dispose of print outs, corrected draft letters etc carefully?
Do you (fully) wipe hard drives before disposing of old equipment?
If you send any data to others is it said in your privacy policy that you will and do you have agreements about the security of data with the recipient (and an indemnity if they don’t follow that?)

A little care can save you a lot of trouble and embarrassment. Imagine the effect on your business of the publicity surrounding a prosecution for failing to keep customers personal information safe!

Contact Cousins Business Law for advice on this topic.

This article is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

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