Privacy Legislation
Data Protection

Privacy Legislation

Privacy Legislation

Issues surrounding data protection, personal privacy, the rights of the individual and, the use of personal data or information by companies and organisations seems to be ever present, but what are the implications? What are the duties imposed by legislation including the Data Protection Act and the Human Rights Act? Is it impossible for organisations to be fully compliant with current privacy legislation without adversely affecting the way in which they operate?

The recently published Annual Report of the Information Commissioner revealed a 56% rise in public awareness of data protection issues. The report also revealed a corresponding increase in the number of data misuse complaints by the public. Mr Richard Thomas (Information Commissioner) has stated: “My central challenge is to achieve a culture where data protection and freedom of information are widely seen as natural, beneficial and essential working disciplines.”

At NSG Security Consultants we offer a refreshing ‘new take’ on the implications of privacy legislation for your organisation – legislation that, at first sight, can appear to impose a significant additional administrative and financial burden in order to achieve full compliance.

NSG approaches privacy legislation compliance from a different angle, namely, that organisations should prioritise action to identify critical non-compliance that could lead to the criminal prosecution of an organisation and/or its principal officers - including the ‘strict liability’ offence of failure to notify relevant processing to which there appears to be no effective defence.

We achieve this by carrying out a cost effective privacy legislation Compliance Gap Analysis Audit and Risk Assessment to identify the key areas where your organisation and its managers may be exposed to potential Criminal prosecution and/or Civil Action for damages. We also identify any compliance breaches that could have a serous impact on the perceived reputation of your organisation.

Once any serious ‘gaps’ are identified and controlled, an NSG security consultant can then assist in the development and implementation of a privacy legislation Compliance Action Plan tailored to your organisation’s requirements including:

  • Compliance with the eight enforceable Data Protection Principles
  • The development and implementation of data protection compliant policies and procedures for the processing of data (including sensitive data), in accordance with the Act, including operation of corporate websites and e-commerce
  • The application of relevant Codes of Practice issued by the Information Commissioner, including Employment Practices and CCTV
  • The delivery of data protection staff training (appropriate to the individual)
  • Subject access requests, including the development of disclosure policy and procedures, standard letters, forms and templates.