Are you ready for the General Data Protection Regulation? Breach Reporting
The GDPR has effectively rewritten the Data Protection Directive, the mainstay of current data protection regime. From May 2018, the GDPR will have a significant effect on your responsibilities when storing data and the uses you can put data to. All businesses are affected, particularly where they use customer details for marketing purposes or exchange them with other businesses in any way. Failure to get this right can result in fines, or worse.
In this the fifth of our series covering this significant change to the law, we look at the requirement for reporting a breach to the Information Commissioner.
Breach reporting
The GDPR includes a requirement to report any beaches to the Information Commissioner without delay, and where feasible within 72 hours. Where the breach also results in a high risk to the rights and freedoms of a data subject you are also required to report the breach to the data subject.
This requirement has the potential to result is a significant number of reports.
The ICO has recently clarified that a report will only be expected where it is likely to result in a risk to people's rights and freedoms. To quote the ICO, " if it's unlikely that there's a risk to people's rights and freedoms from the breach, you don't need to report”
Conclusion
The above is a very broad overview of one aspect of the GDPR. The legislation and guidance is still developing in the weeks and months in the run up to their implementation. This advice is general in nature and we will endeavour to keep you informed through regular articles and case studies.
For further information please visit the Information Commissioner’s Office website at: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
Remember, as an RMI member you have access to the RMI legal advice line, as well as a number of industry experts for your assistance. Should you require further information in respect of the article above, contact the legal advice line at any stage for advice and assistance as appropriate.
Paul Carroll
Solicitor Motor Industry Legal Services
Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.