Tag: DP

Data Protection Bill Faces Scrutiny:
Commissioner Calls for Tighter Safeguards 

In a recent development, the Information Commissioner has weighed in on the debate surrounding the Data Protection and Digital Information Bill (DPDI Bill), legislation aimed at modernising data protection in the UK. While acknowledging the government’s efforts to strengthen the independence of the Information Commissioner’s Office (ICO) and update data protection practices, the Commissioner’s response highlights significant concerns, particularly around the use of personal data in social security contexts. We wrote a detailed breakdown on our blog here. 

The response, detailed and thorough, applauds the government’s amendments to the bill, recognising their potential to enhance ICO’s autonomy and bring data protection practices up to date with the digital age. However, the Commissioner expresses reservations about the adequacy of safeguards in the current draft of the bill, especially in terms of personal data handling for social security purposes. 

The Commissioner’s concern primarily revolves around the need for more precise language in the bill. This is to ensure that its provisions are fully aligned with established data protection principles, thereby safeguarding individual rights.
The response suggests that the current wording might be too broad or vague, potentially leading to misuse or overreach in the handling of personal data. 

Importantly, the Commissioner has provided detailed technical feedback for further improvements to the bill. It indicates a need for scrutiny and adjustments to the bill to ensure that it not only meets its intended purpose but also robustly protects the rights of individuals. 

While the Commissioner supports the bill’s overarching aim to enhance the UK’s data protection regime, the emphasis is clearly on the necessity of refining the bill.
This is to ensure it strikes the right balance between enabling data use for public and economic benefits and protecting individual privacy rights. 

The response from the Information Commissioner is a significant moment in the ongoing development of the DPDI Bill. It underscores the complexity and importance of legislating in the digital age, where data plays a crucial role in both the economy and personal privacy. 

As the bill progresses, the government and legislators should consider the Commissioner’s input. The balance they strike in the final version of the bill will be a key indicator of the UK’s approach to data protection in a rapidly evolving digital landscape. 

Learn more about the updated bill with our Data Protection and Digital Information Bill: Preparing for GDPR and PECR Reforms workshop. Dive into the issues discussed in this blog and secure your spot now.

UK Hospital Trust Reprimanded for GDPR Infringements 

The University Hospitals of Derby and Burton NHS Foundation Trust (UHDB), was recently issued a reprimand (30/10/23) by the Information Commissioner for multiple infringements of the UK General Data Protection Regulation (UK GDPR). This decision highlights significant concerns regarding the management and security of patient data. 

Background of the Case 

UHDB, formed by the merger of the Derby Teaching Hospital NHS Foundation Trust and Burton Hospitals NHS Foundation Trusts in July 2018, operates five hospitals across various locations.
The infringement was initially detected at The Florence Nightingale Community Hospital in Derby. 

The issue revolved around UHDB’s handling of patient referrals for outpatient appointments. These referrals, containing sensitive health data, were processed via an electronic referral system (e-RS). The system, however, was plagued with a critical flaw where referrals would disappear from the worklist after a certain period, resulting in significant delays and data loss. 

Key Findings of the Investigation 

The investigation into UHDB’s practices uncovered several alarming facts: 

Data Subjects Affected: Approximately 4,768 individuals were directly impacted, with over 4,199 experiencing delayed medical referrals. The delayed response potentially caused distress and inconvenience to patients, some of whom waited over two years for treatment. 

Organisational Failings: UHDB was found lacking in implementing adequate organisational measures to prevent accidental data loss, especially concerning special category data. 

Inadequate Processes: The reliance on manual processes and email communications for managing referral drop-offs was deemed ineffective and insecure. 

Lack of Formal Oversight: There was no formal oversight ensuring the effective management and reinstatement of referrals onto the worklist. 

Absence of Risk Assessments: No risk assessment was conducted in relation to handling referral drop-offs, a measure that could have identified and minimised data protection risks. 

Remedial Actions and Recommendations 

In response to the reprimand, UHDB has taken several remedial steps, including conducting full internal and external reviews, contacting affected patients, creating a new Standard Operating Procedure (SOP), and introducing robotic process automation to reduce human error. 

The Commissioner recommended further actions for UHDB, emphasising the need for continuous support to affected data subjects, assessment and monitoring of new processes, and sharing lessons learned across the organisation to prevent future incidents. 

Implications and Conclusions 

This case serves as a stark reminder of the critical importance of data protection in the healthcare sector. It underscores the need for robust systems and processes to safeguard sensitive patient information and the potential consequences of failing to comply with GDPR regulations. 

UHDB’s commitment to rectifying these issues is commendable, yet the incident raises broader questions about data management practices in the NHS and the healthcare sector at large.

Saudi Arabia’s First Ever DP Law Comes into Force 

Today (14th September 2023), Saudi Arabia’s first ever data protection law comes into force. Organisations doing business in the Middle East need to carefully consider the impact of the new law on their personal data processing activities. They have until 14th September 2024 to prepare and become fully compliant. 

Background 

The Personal Data Protection Law (PDPL) of Saudi Arabia was implemented by Royal Decree on 14th September 2021. It aims to regulate the collection, handling, disclosure and use of personal data. It will initially be enforced by the Saudi Arabian Authority for Data and Artificial Intelligence (SDAIA) which has published the aforementioned regulations. PDPL was originally going to come fully into force on 23rd March 2022. However, in November 2022, SDAIA published proposed amendments which were passed after public consultation.  

Following a consultation period, we also now have the final versions of the Implementing Regulations and the Personal Data Transfer Regulations; both expand on the general principles and obligations outlined in the PDPL (as amended in March 2023) and introduce new compliance requirements for data controllers. 

More Information  

Summary of the new law: https://actnowtraining.blog/2022/01/10/the-new-saudi-arabian-federal-data-protection-law/  

Summary of the Regulations: https://actnowtraining.blog/2023/07/26/data-protection-law-in-saudi-arabia-implementing-regulation-published/  

Action Plan 

13th September 2024 is not far away. Work needs to start now to implement systems and processes to ensure compliance. Failure to do so could lead to enforcement action and also reputational damage. The following should be part of an action plan for compliance: 
 

  1. Training the organisation’s management team to understand the importance of PDPL, the main provisions and changes required to systems and processes.  
  1. Training staff at all levels to understand PDPL at how it will impact their role. 
  1. Carrying out a data audit to understand what personal data is held, where it sits and how it is processed. 
  1. Reviewing how records management and information risk  is addressed within the organisation. 
  1. Drafting Privacy Notices  to ensure they set out the minimum information that should be included. 
  1. Reviewing information security policies and procedures in the light of the new more stringent security obligations particularly breach notification. 
  1. Draft policies and procedures to deal with Data Subjects’ rights particularly requests for subject access, rectification and erasure. 
  1. Appointing and training a Data Protection Officer. 
     

Act Now in Saudi Arabia 

Act Now Training can help your businesses prepare for the new law.
We have delivered training  extensively in the Middle East to a wide range of delegates including representatives of the telecommunications, legal and technology sectors. We have experience in helping organisations in territories where a new law of this type has been implemented.  

Now is the time to train your staff in the new law. Through our  KSA privacy programme, we offer comprehensive and cost-effective training from one hour awareness-raising webinars to comprehensive full day workshops and DPO certificate courses.  

To help deliver this and other courses, Suzanne Ballabás, an experienced middle-east based data protection specialist, recently joined our team of associates. We can deliver Online or Face to Face training. All of our training starts with a FREE analysis call to ensure you have the right level and most appropriate content for your organisations needs. Please get in touch to discuss your training or consultancy needs. 

Click on the Link Below to see our full Saudi Privacy Programme.