personal data received from third parties

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personal data received from third parties

2022.07.31
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personal data received from third parties

The ways in which an international transfer of City personal data outside of the EEA could be deemed acceptable is through one of the following: You should be aware that the use of a server outside of the EEA to host the website is considered a transfer of personal data. a supplier), to process personal data on its behalf. Data Sharing Agreements (independent and joint controllers). Each controller should therefore seek to put in place clear, robust and enforceable written contractual provisions (before any processing) to govern the processing of personal data. Each party must ensure appropriate mechanisms have been put in place to comply with transparency obligations. Even where the parties are not joint controllers, it would be prudent for the parties to agree which party will undertake transparency obligations. The controller should take the following steps when sharing or receiving personal data as appropriate to the circumstances: Confirm the purpose of the data sharing and when it should occur. Go to the City, University of London home page, What a data-sharing agreement should contain, EU controller to non-EU or EEA controller, Data Protection Representatives (DP Reps), Using a third party to process City personal data on behalf of City (a, Working with an organisation that independently decides the purposes of processing shared personal data (an, Working with a joint controller, who has a common objective with City regarding the processing (a. to demonstrate accountability). The legitimate interests of the business or the third party must be balanced against any prejudice to the rights and freedoms or legitimate interests of the individual whose data is being processed. Consider whether the data security measures in place before, during and after the transfer of personal data, are adequate. implement risk assessments and due diligence on the proposed arrangement (plus formal DPIAs where appropriate) (see above), implement data protection by design and by default (see below), implement workable governance and change control procedures (see below), implement appropriate security measures (see above), record any personal data breaches, and report them where necessary.

data that can reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or data relating to the data subjects health or sex life) that consent needs to be explicit. See for example, the data protection provisions in the Cabinet Offices Model Services Contract. The relevant (additional) lawful basis for processing must be documented. Personal data should only be shared if it is necessary to do so. He tells Mrs. A that he has a new biography of a famous athlete and asks whether Mrs. As clients would be interested in receiving advertising about the book. As such, there is a distinction between sharing personal data between: Under the DP legislation, there are no specific mandatory arrangements which must be put in place where personal data is shared by one controller to another controller unless they are joint controllers as defined in Article 26 of the GDPR. These include (among others) the right of access to information as well as the right to object and requests for rectification and erasure. A reciprocal or one-way exchange of data; An organisation providing another with access to personal data on its IT systems; One or more organisations providing data to a third party or parties; Several organisations pooling information and making it available to each other; Several organisations pooling information and making it available to a third party or parties; Data sharing on a routine, systemic basis for an established purpose; One-off or ad hoc data sharing, including in urgent or emergency situations. explain what to do when an organisation receives a request for access to shared personal data or other information, ensure that one staff member (generally a DPO) or organisation takes overall responsibility for ensuring that the individual can gain access to all the shared data easily, in the case of joint controllers, state which controller is responsible for responding to individuals who exercise their data subject rights (although individuals may choose to contact any controller). Please also note that a third party may be a combination of the designations listed above, Using a third party to process data on behalf of City (data processors), When sharing data with any third party (whether they are a data processor, separate controller or joint controller), Contracting with a third party to process City personal data (Data Processors). City may still be legally responsible for how that personal data is processed, if it determines the manner and the purpose of the processing of such personal data in its capacity as data controller. There are three situations in which you might be sharing data with third parties. Ensure the shared data is accurate and up to date. The impact a personal data breach (in terms of cost, reputational damage or lack of trust from customers or clients) may be particularly acute where an organisation shares personal data with a recipient organisation that fails to protect that data. On the other hand, some DPAs have taken a more restrictive approach for example, the Spanish data protection regulator considers that personal data should only be processed for the purposes it was collected, with very limited exceptions. Organisations should consider putting in place mechanisms: to ensure personal data is accurate before it is shared, especially given the difficulties which can be encountered in correcting information once it has been shared, procedures for amending the personal data if required once shared. folksam insurance data breach stockholm accidental clients million parties third shared private results company involving sweden reports tech If the parties to the data sharing arrangement are undertaking ongoing routine or systematic sharing, then consider agreeing a standard privacy notice / consent form which sets out appropriate fair processing information to allow each party to use the personal data as intended. In addition, the GDPR requires companies to demonstrate that they have effectively obtained users consent which could imply a significant practical burden on businesses. His client database has few entries and not many people walk into his shop. Consider if it is possible to strip out unnecessary personal data and still achieve the purposes, eg by anonymising the personal data, in which case the data may not be personal data at all and therefore fall outside the scope of the GDPR. For example: Example of principles / requirements under the GDPR, Example of action to take (where applicable to the party), Principle: Lawfulness, fairness and transparency. The receiving controller may seek a contractual obligation from the disclosing controller that, as the personal data is updated, such changes are notified to it to enable it to satisfy the obligation to ensure data is accurate. You may also contact your relevant SIRO. regardless of whether the parties are independent or joint controllers). Ensure the envisaged processing, and the basis on which it will take place, complies with the DP legislation. Establish clear time limits for erasure (or for a periodic review) of the personal data. privacy examples misuse technology Especially where personal data is being pooled or shared systematically back and forth between controllers, each controller may want to consider placing contractual obligations on the other controller to take every reasonable step to ensure all inaccurate personal data is rectified or erased. One of the most hotly debated issues of the new General Data Protection Regulation (GDPR) is that of consent. This may need to be quite detailed, because in some cases it will be appropriate to share only certain details held in a file about an individual, omitting other, more sensitive, material. in their data protection notices) about the legitimate interests upon which they are seeking to rely. opt-in) was dropped in the compromise text of the GDPR. At present, in order to validly obtain consent, businesses need to provide sufficient information to individuals about how and why they process their personal data and provide a mechanism whereby individuals can indicate their consent. In more detail, contracts with data processorsmuststipulate that the data processor: Situations which may involve personal data sharing. Extra requirements are also set out in relation to obtaining the consent of minors. How long shared data should be retained should be documented. However, the ICO has stated it will take this into account if it receives a complaint about any data sharing. Knowing whether the parties are joint controllers or independent controllers and if either of them may be a processor (or sub-processor) for any of the data processing activities is vital to understanding the obligations of the parties under the DP legislation regime. After much debate, the proposal from the European Parliament that, where processing is based on the data subjects consent, such consent must be explicit (i.e. If the lawful basis for disclosure is consent, the data sharing agreement should also address issues surrounding the withholding or retraction of consent and may provide a model consent form. policy privacy domo kun log These would need to be signed in addition to any data sharing agreement, either as a stand-alone agreement or a schedule to the data sharing agreement. Note that Article 13(3) of the GDPR requires a controller to notify the data subjects before any further processing for a purpose other than that for which the personal data was originally collected. To comply with the accountability principle of the GDPR (and as a prudent risk management approach), each controller should conduct appropriate due diligence before entering into any data sharing and to assess the risks of the proposed arrangement. The Data Protection legislation and arrangements between controllerswhether independent or joint. each data subject must be treated fairly and each controller must not use the data in ways that would have unjustified adverse effects on any data subject, where controllers share personal data they must ensure it is reasonable and proportionate in all cases, controllers must ensure that the sharing happens in a way that each data subject would not find unexpected or objectionable, unless there is a good reason; the origin of the data may be a key concern (eg if someone was misled when the data was received it is unlikely to be fair to process it), there are lawful grounds for processing all the personal data in the manner intended, the arrangements take into account whether the processing relates to any special categories of personal data (or any other personal data subject to particular rules under the GDPR such as criminal offence data), the arrangements are not in breach of any other law (eg any restrictions on data sharing arising from the organisations constitution, any duty of confidence, or any sector specific regulation). The circumstances in which personal data should be shared should also be documented and detailed (eg whether the sharing should be an ongoing, routine process or whether it should only take place in response to particular events). Data sharing agreements can become quite complicated, so, in many cases, it might be sensible to include them in a schedule rather than seeking to draft them as clauses within the main body of a broader commercial agreement. With the explicit consent of each individual whose personal data is being transferred. When you contact one of our DP reps, please ensure that you include the DP mailbox (dataprotection@city.ac.uk). Each controller must always document a clear objective or set of objectives and that it would be good practice to document this in a data sharing agreement. On the other hand, the Council suggested that consent under the GDPR need not be explicit it need only be unambiguous. This means that organisations have responsibilities for personal data provided to them by third parties such as data brokers, marketing agencies, credit reference agencies and clubs and societies. As above, SCCs may be used if you choose to transfer personal data outside of the EEA. The ICO has also issued clause-by-clause guidance on how SCCs work: Data Protection Representatives (DP Reps) are your first port of call for any data protection queries you may have. Where the data shared does not include personal data, there is no need to comply with the Data Protection legislation regime. The disclosing controller will want to ensure that the receiving controller only processes the personal data for specified and agreed purposes to ensure that: (a) the data sharing is based on a lawful ground (eg legitimate interests); (b) the receiving party does not use the personal data in a way that places the disclosing controller in breach of the GDPR (eg disclosure based on the legitimate interests balancing test may be undermined if the receiving controller uses the data for wider purposes than those anticipated); and (c) the disclosing controllers privacy notice is not non-compliant with the GDPR as a result of the receiving controller using the data for another purpose. The agreement must make it clear that all controllers remain responsible for compliance (even if there are processes setting out who should carry out particular tasks). subsidiaries); Require that each controller will provide reasonable co-operation to assist the other in Data Protection compliance. 1 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002 p.37). As far as specific consent was given for the purpose of transmitting the data to other recipients for their own direct marketing, Mrs. A can send the client list to Mr. B. One of the most hotly debated issues of the new General Data Protection Regulation (GDPR) is that of consent. If the objective could reasonably be achieved in a less intrusive way the personal data should not be shared. Confirm which laws apply to the data sharing. Contracts or data processing agreements with processors must set out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of City as data controller. Two friends, Mrs. A and Mr. B, run, respectively, a gym and a book shop. For example, the parties may agree that each party is responsible for its own fair processing information, or that one party will be responsible for the provision of information to data subjects related to fair processing.

Instead, the explicit consent requirement applies when relying on consent in the context of processing sensitive personal data (as is the case under the Directive today). It also establishes other requirements which include the need for consent to be (i) informed, (ii) freely given, (iii) expressed through a clear affirmative action and (iv) clearly distinguishable from other matters. For example, where processing is based on the legitimate interests ground, businesses will need to inform the individual (e.g. Ensure the sharing arrangement is designed for compliance with the DP legislation. In practice, this means companies will need to be careful in assessing if a legitimate interest exists by taking into account, among other things, the data subjects reasonable expectations at the time that processing takes place and the specific examples that the GDPR lists of when a legitimate interest may arise (which include, for example, processing of data for the purposes of preventing fraud or for direct marketing). According to the Draft Data Sharing Code, a data sharing agreement should address the following (among other things as appropriate in the circumstances): The purpose of the data sharing initiative. Your company/organisation must also inform individuals, at the latest at the time of the first communication with them, that it has collected their personal data and that it will be processing it for sending them adverts. The agreement should document the following in precise terms so that all parties are absolutely clear about the purposes for which they may share or use the personal data: why the data sharing initiative is necessary, the benefits the parties hope to bring to individuals or to society more widely by sharing the personal data, The organisations involved in the data sharing. It also noted that consent should be obtained through a statement or clear affirmative action, that it could be withdrawn at any given time by the data subject, and that it would not be legally valid if there is a significant imbalance between the position of data subject and the controller. Helps all the parties to be clear about their respective roles; Sets out the purpose of the data sharing; Covers what is to happen to the data at each stage; Helps justify the data sharing and to demonstrate that the parties have been mindful of, and have documented, the relevant compliance issues (i.e. While the consent and legitimate interests grounds are just two of a number of grounds for justifying the processing of personal data, they are the grounds that are most commonly relied upon for the purposes of the Directive. The terms of Mrs. As privacy notice informed her clients that she could share the data with partners offering products in the health and fitness area. DP law should not, however, be viewed as a barrier to sharing - you should give equal weight to the consequences of not sharing the data. Although contractually binding data sharing agreements are not required by the DP legislation, the ICOs Draft Data Sharing Code states it is good practice to have one in place for all types of data sharing between controllers (i.e. The agreement should clearly identify all the organisations that will be involved in the data sharing and should include: contact details for their Data Protection Officer (DPO) and other key members of staff, procedures for including additional organisations in the data sharing arrangement, procedures for dealing with cases where an organisation needs to be excluded from the sharing, Where the parties are joint controllers, the mandatory arrangements which must be addressed under Article 26 of the GDPR. Ensure the controller complies with Data Protection laws. In this sense, consent can be implied under the Directive and it is only in specific cases, such as the processing of sensitive personal data (i.e. Also, more types of data (such as biometric data) are included in the category of sensitive data, the processing of which require explicit consent. Article 26 of the GDPR requires that joint controllers must: in a transparent manner determine their respective responsibilities for compliance with the obligations under the GDPR, in particular their respective duties to provide the transparency information required by Articles 13 and 14 of the GDPR, make the essence of the data protection arrangement between the joint controllers available to the data subject (the parties should agree how this will be done (eg via a privacy notice)). On the other hand, the Council proposed a more business-orientated approach, which would allow controllers and processors alike to process data on the legitimate interests ground even for purposes that are incompatible with the original purposes of the processing, provided that the interests or the fundamental rights and freedoms of the individual are not overriding. However you should still take reasonable steps to ensure that the data you share will continue to be protected with adequate security by the recipient organisation.. Special categories of personal data or criminal offence data. In a number of jurisdictions, including the UK, the legitimate interests condition provides a degree of data processing flexibility that might not otherwise exist. Such lists are processed on grounds of legitimate interests and individuals will have a right to object to such processing.