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Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

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Page 1: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Data protection: putting a policy in place and making sure it works

Monday 1 June 2015

Munich, Germany

Page 2: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Ana Mingo

Counsel

BP Legal

Spain

[email protected]

Hannes Saarinen

Privacy Manager

F-Secure Corporation

Finland

[email protected]

Jonathan Armstrong

Partner

Cordery

UK

[email protected]

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Page 3: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

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“PERSONAL DATA” ?

any data on person and his/her personal characteristics, where these can be linked to him/her/household with feasible efforts.

Page 4: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Would you want to share everything about your life with everyone, everywhere, all the time, forever?

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Page 5: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Data Privacy to do’s

• Privacy Notice

• Notification/Authorisation

• Data Protection Officer

Page 6: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Data transfer options

• EU Model Terms• Individual DTAs• Binding Corporate Rules• Safe Harbor

Note: consent is less likely to be a viable option

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Page 7: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Employees’ data

Fair Processing Statement

• Applicants: websites and forms.

• Employees: employment contracts, Intranet, email.

• It shall accurately reflect how applicants/employees’ personal information will be used.

Page 8: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Categories of data• Basic data

• Sensitive data:

• Racial or ethnic origin, sexual life.

• Religious beliefs or beliefs of a similar nature.

• Political opinions or trade union membership (or non-membership).

• Physical or mental health or conditions.

• Commission or alleged commission of any offence.

• Generally only with the employee’s consent.

• High level security measures.

Page 9: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Retention

• Personal information shall be kept accurate and up to date.

• Personal information shall be kept only for as long as is really necessary.

Page 10: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Main risk

Data protection is one of the easiest ways to put the company in trouble by an upset employee.

– Applicants who have been unsuccessful in securing a job

– Employees involved in a disciplinary process

– Employees being made redundant or terminated from the company

– Employees who are in dispute with other members of staff

– ….

Page 11: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Hot Topics

• Pre-employment vetting

• Internet /email/telephone monitoring and recording

• BYOD

• CCTV in the workplace

• Whistleblowing

Page 12: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

FIRST STEPS OF APRIVACYOFFICER *)

HANNES SAARINEN

F-SECURE (c) Till Westermayer CC/by-sa/2.0

Page 13: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

PIA’s

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cookie notice

Transfer agreements

DPA notification(s)

Policy (public)Policy

(internal)

Security

New Regulation

Subcontracting

Privacy by Design @

R&D

Train employees

Management buy-in

Page 14: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

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COMPLIANCE OFFICER BUSINESS ENABLER

© Disney © Hollywood Pictures & Cinergi Pictures Entertainment

HOW ARE YOU SELLING YOURSELF TO CEO ?

Page 15: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

PHOTO: Ryan Lowry for The New York Times

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Page 16: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

ANATOMY OF A PRIVACY POLICY

• WHY WE COLLECT YOUR DATA• WHAT WE COLLECT• WHAT WE DO WITH IT• WHOM DO WE TRANSFER IT TO• HOW LONG WE KEEP IT• DO WE KEEP IT SECURE • WHAT RIGHTS YOU HAVE AND HOW

YOU CAN EXERCISE THOSE• EXCLUSIONS / OTHER POLICIES• CHANGES• CONTACT INFORMATION

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WHAT IS RELEVANT FOR ME, THE PRIVACY OFFICER

Page 17: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

ANATOMY OF A PRIVACY POLICY

• WHY WE COLLECT YOUR DATA• WHAT WE COLLECT• WHAT WE DO WITH IT• WHOM DO WE TRANSFER IT TO• HOW LONG WE KEEP IT• DO WE KEEP IT SECURE • WHAT RIGHTS YOU HAVE AND HOW

YOU CAN EXERCISE THOSE• EXCLUSIONS / OTHER POLICIES• CHANGES• CONTACT INFORMATION

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WHAT IS RELEVANT FOR THE CUSTOMER

Page 18: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

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“Please be aware that if your spoken words include personal or other sensitive information, that information will be among the data captured and transmitted to a third party through your use of Voice Recognition.”

Page 19: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

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Page 20: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

WHEN YOU GET BACK TO THE OFFICE…

1. GO FOR A STROLL AND THINK WHY YOU ARE NEEDED

2. TELL THE ANSWER TO YOUR CEO

3. POLISH THE POLICY

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4. TAKE YOUR SECURITY OFFICER FOR LUNCH

Page 21: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Data Security - Landscape

• Personal data has a value

• Different political reactions

• Different legal systems worldwide

• Different enforcement even within Europe

• Contrasting approach Europe v. US

• Snowden has changed the game

Page 22: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

UK Legislative background

“Appropriate technical and organisational measures shall

be taken against unauthorised or unlawful processing of

personal data and against accidental loss or destruction

of, or damage to, personal data.”

Page 23: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Example: Bank of Scotland

• Robbie Hastie• Revealed details of Hibs players’ wages• Pleaded guilty to DP offence of knowingly or

recklessly disclosing information without consent• £400 fine• Bank of Scotland co-operated

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Page 24: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Example: Big Brother

• €1,081,822 total fine• €150,250 fine for lack of IS training,

policy etc.• Appeal failed

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Page 25: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Example: Staysure• Holiday insurer hacked• Hackers hacked credit card details & some medical details –

some credit card details used • ICO investigation found

– card acquirer found the issue– no policy or procedures – failed to patch

• Company received monetary penalty of £175,000 in February 2015

• Agreed to take steps to minimize harm e.g. free Experian reports

• Possible class action? 25

Page 26: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Prevention

Dutch CBP:

“Contingency planEvery organisation should have a contingency plan indicating exactly what is to happen in the event of an emergency. However, such a plan is useful only if personnel are familiar with it and regular drills have been held to practise its implementation...”

Page 27: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

New EU Data Rules

• Proposed Regulation not Directive• Fines of 2% of global turnover• Toughened enforcement bodies• Consent less of an option• Breach reporting in 24 hours?

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Page 28: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

New EU Data Rules

• Suppliers outside EU in scope• Right to be forgotten• More SARs

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Page 29: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

The Perfect Storm… More (& Less)• More…

• Reliance on 3rd parties, e.g. outsourcing; SaaS; Cloud

• Cost pressure• Regulation and enforcement• Geography• Social networking• Value in stolen data• Speed • Whistleblowers• Chance of getting caught• Focus on investigations• People trying to re-write

history, because they can• Rise in class actions?

• Less…• Care• Compliance and legal

resources• Attention to contractual terms• Vendor accountability

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Page 30: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Resources

• Book – www.tinyurl.com/jpa001• New EU Data Rules – http://bit.ly/1HUHai4 • Right to be forgotten – http://bit.ly/1tB8Osb • Cordery news – http://bit.ly/1vnFHJm • Podcasts – www.bit.ly/techlaw10• Class actions – http://bit.ly/1E8aNcU

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Page 31: Data protection: putting a policy in place and making sure it works Monday 1 June 2015 Munich, Germany

Ana Mingo

Counsel

BP Legal

Spain

[email protected]

Hannes Saarinen

Privacy Manager

F-Secure Corporation

Finland

[email protected]

Jonathan Armstrong

Partner

Cordery

UK

[email protected]

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