Irish Independent

One in five firms don’t know if they’re processing minors’ data

- Adrian Weckler

IRISH lawyers fear security breaches and internatio­nal data transfers as their biggest “data protection risk”, according to a survey of 400 in-house legal staff by Mason Hayes & Curran.

The lawyers, from domestic and multinatio­nal firms and representi­ng multiple sectors, also count a “lack of internal controls or documentat­ion” as a significan­t risk, suggesting patchy practices in Ireland’s biggest companies.

And 40pc say that their organisati­on did not change their corporate cookie policies or banners in 2020, despite being told by Ireland’s Data Protection Commission­er to do so.

The results will raise questions over the level of compliance and security readiness employed by some of the biggest companies in Ireland.

“It’s not surprising that data breaches are top of the list in terms of data protection risks,” said Oisín Tobin, privacy and data security partner with Mason Hayes & Curran.

“Organisati­ons are all too aware of the potential for plaintiff litigation by someone affected by a data breach, and we have seen an increase in civil litigation in this area. There is also the reputation­al risk to an organisati­on that suffers a data breach.”

Over two in five of those questioned cited “security breaches” as the biggest risk with 19pc singling out the transfer of data to the US, UK and other countries.

Separately, the survey showed that around one in three companies say they process the personal data of minors, mostly “with special safeguards in place”.

However, one in five said that they don’t know whether the data of minors is being processed or that it was without any special safeguards in place.

“One clear area of focus will be the processing of the personal data of minors,” said Mr Tobin. “The DPC released a significan­t set of proposed standards at the end of 2020 in this area, so it is clearly a priority for them.”

Last year, the Data Protection Commission­er Helen Dixon released new guidance around the use of cookies on websites in 2020. Of the 400 lawyers surveyed by Mason, Hayes & Curran, 50pc said that they had changed their cookie policies because of the new guidance.

However, a substantia­l minority (40pc) haven’t changed their cookie policies.

“After the DPC released their guidance on cookies, there was a six-month grace period to allow organisati­ons time to examine their current practices and update them accordingl­y”, said Philip Nolan, head of privacy and data security for Mason Hayes & Curran.

“However, that grace period expired in October 2020 so organisati­ons who haven’t reviewed their cookie policies should do so as a matter of urgency. They also need to remember that if they have any reach outside of Ireland, they will need to be cognisant of rules around cookies in different jurisdicti­ons.”

The survey, which was carried out at a webinar attended by 400 in-house lawyers, comes ahead of internatio­nal data protection day, which takes place this Thursday, January 28.

 ??  ?? Risks: Data Protection Commission­er Helen Dixon
Risks: Data Protection Commission­er Helen Dixon

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