Information Commissioner's Office
New data protection self-assessment checklist for sole traders
The ICO yesteray launched a self-assessment checklist that will help sole traders and self-employed individuals to assess their compliance with new data protection laws.
The checklist is aimed at improving understanding of data protection and making sure sole traders are keeping people’s personal data secure.
The new Data Protection Act 2018 and the General Data Protection Regulation (GDPR) came into force in May and the self-assessment checklist is part of a range of resources to raise awareness within the sole trader and self-employed community.
It shows sole traders how compliant they are by generating a rating based on their responses and provides handy links to relevant ICO guidance and further information. It also includes practical suggestions of how to stay in line with the law.
Anulka Clarke, ICO’s Head of Assurance, said:
“We are committed to help sole traders and those who are self-employed to navigate data protection law and improve their practices. Handling personal data correctly can add value to businesses and enhance reputation, as it increases public trust.”
Sole traders and small businesses can also contact the dedicated ICO helpline on 0303 123 1113 and select option 4 to be diverted to staff who can offer support.
Notes to Editors
- The Information Commissioner’s Office (ICO) is the UK’s independent regulator for data protection and information rights law, upholding information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
- The ICO has specific responsibilities set out in the Data Protection Act 2018 (DPA2018), the General Data Protection Regulation (GDPR), the Freedom of Information Act 2000 (FOIA), Environmental Information Regulations 2004 (EIR) and Privacy and Electronic Communications Regulations 2003 (PECR).
- The General Data Protection Regulation (GDPR) is a new data protection law which applies in the UK from 25 May 2018. Its provisions are included in the Data Protection Act 2018. The Act also includes measures related to wider data protection reforms in areas not covered by the GDPR, such as law enforcement and security. The UK’s decision to leave the EU will not affect the commencement of the GDPR.
- However, due to the timing of certain incidents in our investigations, some civil monetary penalties have to be issued under the previous legislation, the Data Protection Act 1998. The maximum financial penalty in civil cases under former laws is £500,000.
- Under past and current law, the ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit.
- Since 25 May 2018, the ICO has the power to impose a civil monetary penalty (CMP) on a data controller of up to £17million (20m Euro) or 4% of global turnover.
- The data protection principles in the GDPR evolved from theoriginalDPA, and set out the main responsibilities for organisations. Article 5 of the GDPR requires that personal data shall be:
- Processed lawfully, fairly and in a transparent manner in relation to individuals;
- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- Accurate and, where necessary, kept up to date
- Kept in a form which permits identification of data subjects for no longer than is necessary; and
- Processed using appropriate technical or organisational measures in a manner that ensures appropriate security of the personal data.”
- Article 5(2) requires that “the controller shall be responsible for, and be able to demonstrate, compliance with the principles.”
- Civil Monetary Penalties (CMPs) under past and current law are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
- Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by ICO.
To report a concern to the ICO go to org.uk/concerns.
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