Insurance
Major changes to the rules about the processing of personal data are due to come into force from 25 May 2018. Robert Kluth, insurance specialist for the leisure industry, explains why its vital to make sure you’re in the know
Are you prepared? G
eneral Data Protection Regulations, or GDPR, apply not only to European Economic Area (EEA) countries, but also all companies that conduct
business within the EEA - including, despite, Brexit, the United Kingdom. Companies that fail to comply with the new rules may be subject to a fine of up to 20 million or four per cent of the company’s global annual turnover, whichever is higher. Civil claims can also be brought by persons affected by any breach, so this is something that cannot be ignored. The new rules update and replace the current data
With over 35 years experience within the insurance industry, Robert Kluth has specialised in the leisure sector for the last 20 years. He chairs BALPPA’s Health & Safety Committee and has just been appointed Chair of the Amusement Device Safety Council, which oversees the ADIPS inspection scheme for amusement rides in the UK.
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protection rules (the Data Protection Act 1998). They introduce a number of changes which affect businesses and organisations responsible for processing personal data. If you gather the data for the benefit of your business you are the Data Controller. The data controller is the person (or business) who determines the purposes for which, and the way in which, personal data is processed. So what is personal data? It is information that relates to a living individual who can be identified by that data, and it also extends to data that in isolation couldn’t identify an individual but if combined with other information could identify them. It includes names, addresses, numbers, location data, online identifiers or one or more factors relating to the physical, physiological, genetic, mental, economic, cultural or social identity of an individual. All theme parks and attractions will hold such information
on their employees, and increasingly gather data on visitors for marketing purposes, so this is an issue the industry cannot ignore.
What’s new? A requirement to report data breaches to the Data Protection regulator within 72 hours of discovery so affected
individuals can be contacted and appropriate measures can be taken Individuals to have more access to their own data and how it’s processed Individuals have ‘right to be forgotten’ if there is no compelling reason for continued processing of their data Consent must be: “clear and distinguishable from other matters”; unambiguous, granular and freely given; as easy to withdraw as it was to give it; demonstrated by clear records; not given via a pre-ticked box or an and ‘opt out’ option
What do you need to do? Ensure decision makers and key people in your organisation are aware of GDPR, and possibly designate a data protection officer, responsible for data protection compliance Organise an information audit to document what personal data you hold, where it came from and with whom you share it Review your current privacy notices and put a plan in place for any necessary changes Check procedures cover all the rights individuals have, including how you would delete personal data or provide it to them electronically and in a commonly used format Look at the various types of data processing you carry out, identify your legal basis for doing so and document it Review how you are seeking, obtaining and recording consent and whether you need to make any changes. Think about putting systems in place to verify individuals’ ages and to gather parental or guardian consent Ensure you have the right procedures in place to detect, report and investigate data breaches If you operate internationally, you should determine which data protection supervisory authority you fall under.
FEBRUARY 2018
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