The Courier & Advertiser (Fife Edition)

Staff are now the front line of defence in the business of data security

Dramatic increase in reports to the ICO

- RACHEL LAWSON, INTELLECTU­AL PROPERTY, TECHNOLOGY AND MEDIA SOLICITOR

In the year since the General Data Protection Regulation (GDPR) came into force, the number of breaches reported to the Informatio­n Commission­er’s Office (ICO), the UK data protection regulator, topped 14,000, compared to 3,300 in the previous year.

It’s important for businesses of all sizes and in all industries to be aware of what constitute­s a breach.

A personal data breach is “a breach of security leading to the accidental or unlawful destructio­n, loss, alteration, unauthoris­ed disclosure of, or access to, personal data transmitte­d, stored or otherwise processed.”

This is an extremely wide definition and could include emailing an unintended recipient, losing a memory stick or setting incorrect access controls for HR records.

A breach must be reported to the ICO within 72 hours of becoming aware of it if it is likely to result in a risk to the rights and freedoms of an individual.

No longer solely a board-level issue, data protection is now a topic that everyone in a business should be aware of.

Any employee who handles personal data at all should be given appropriat­e training to ensure they understand their responsibi­lities according to their job role.

Staff are often the first line of defence and proper awareness of GDPR, confidenti­ality and how to recognise phishing attempts and impersonat­ion can be invaluable.

We recommend only collecting the personal data from your customers or clients you actually need. As well as being in breach of the data minimisati­on principle in the GDPR, excess data increases the chances of it being used inappropri­ately and leading to a breach.

It’s really important that personal data are only disclosed to those who have a right to access the data.

For your customers, think about what informatio­n you may need to take from them before you can be satisfied you are speaking with the correct person; for example, by considerin­g how to verify ID over the phone.

For your suppliers, it’s vital that an appropriat­e contract is in place containing each party’s obligation­s including those regarding security, data breaches, and data subject rights.

The ICO expects a degree of due diligence to be carried out before engaging a supplier; for example, assessing security guarantees and financial robustness.

As well as ensuring staff are adequately informed about their responsibi­lities, adequate technical and organisati­onal security measures should be implemente­d to protect personal data both electronic­ally and physically.

Measures to consider include firewalls, passwords, backups, encryption, two-factor authentica­tion and locked filing cabinets.

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