June 2016 price where sold £4.75

Business Voice
Business Voice
Business
Voice
Data Privacy by Design
Why organisations dealing with personal data should consider
designing their processes around it
There is currently much debate and uncertainty over the status
of the UK’s membership in the European Union. If the UK does
remain in the EU following the referendum on 23 June 2016, then
along with the much talked about changes to its membership,
the UK will also face significant changes to data protection law
as a result of the new General Data Protection Regulation
(“GDPR”).
Even if we do not remain within the
EU it is likely that companies doing
any business in, or with Europe will
need to comply with the GDPR if that
business involves any processing of
personal data originating within EU
or EEA member states. That could,
for example, just involve holding
the contact details of an employee
of a French business for use in
connection with work being done
for that business. It will become
very significant for businesses that
“trade” in data—for example buying
and selling contacts or offering data
hosting services.
The GDPR will replace the Data
Protection Act 1998, and equivalent
laws in other member states, with
one regulation which will govern data
processing inside the EU. The GDPR
is more extensive and significantly
more prescriptive than the current
law in the UK, and in order to ensure
compliance, many organisations
dealing with personal data will need
to adapt their processes.
Privacy by Design
Under Article 23 of the GDPR
data controllers must implement
appropriate technical and
organisational measures, such as
pseudonymisation, to ensure that
the data protection principles are
complied with and the necessary
safeguards are built into the
processing procedure. This is known
as “privacy by design”.
Privacy by Default
Furthermore, by default, only personal
data which is necessary for the
specific purpose of the processing is
to be processed, and it should not be
retained for longer than is necessary
to fulfil the processing requirements.
This is known as “privacy by default”.
In practical terms, what this means
for organisations processing personal
data is that privacy and security
measures need to be in place from
the very outset, prior to the obtaining
of the data for the purpose of
processing it. The IT systems used by
organisations should be developed to
ensure that privacy of personal data is
taken into account during the whole
life cycle of the system.
Under the GDPR, data subjects
will have the right to be forgotten,
that is to say, they have the right to
request that their data be deleted.
Organisations will need to ensure that
their systems enable the speedy and
accurate deletion of data following
any such request. Organisations will
also need to ensure that only those
people who need to have access to
the data can access it: it should not be
open to just anyone who has access
to the system.
As well as developing systems and
procedures that ensure compliance
with the GDPR from the outset,
organisations will also need to be
able to evidence their compliance.
For this reason, the procedures
should be documented, and should
be reflected in the functionality of the
organisation’s IT system.
Organisations processing personal
data should also check that their
contracts of employment with their
employees and third parties who
process any personal data for them
contain sufficient provisions to
ensure that the security of the data
is adequately protected, and that the
employees and third party contractors
are required to act in accordance with
the organisation’s privacy procedures.
Organisations would be well
advised to start reviewing their
procedures and systems now, and
making the necessary changes to
them, ahead of the GDPR coming into
force in late 2017.
Arezou Seyed-Rezai, Warner Goodman LLP. Email:
ArezouSeyed-Rezai@Warnergoodman.co.uk. Member
of Hampshire Chamber’s Tax Finance & Legal
Committee.
From left to right: Suella Fernandes, MP for Fareham; Stewart Dunn, Chief Executive of Hampshire Chamber of Commerce; Royston Smith, MP for Southampton Itchen;
Andrew Turner, MP for Isle of Wight; Flick Dummond, MP for Portsmouth South; Caroline Dineage, MP for Gosport; Mims Davies, MP for Eastleigh; George Hollingbury,
MP for Meon Valley; Alan Mak, MP for Havant; Gary Jeffries, Chairman at Solent LEP.
Solent LEP launches new transport plan
with Solent MPs and Hampshire Chamber
In January 2015 the Solent LEP published
their Transforming Solent Growth Strategy
which outlines a vision for the future growth
of the local economy. Having successfully
secured £151.9m under the Solent Growth Deal,
the LEP has continued to work hard to help
this world‐class area to realise its ambitions
with a modern and resilient transport network
supporting increased productivity.
The Solent LEP recognises that it cannot afford to ignore
the critical role that transport infrastructure and operations
play in connecting key economic inputs - housing, skills,
investment and innovation. Its work with local partners
across all sectors has produced a Strategic Transport
Investment Plan that can support the wider Solent area,
including Southampton, Portsmouth and the Isle of Wight,
to succeed and grow in a globally competitive economic
environment.
The Solent LEP and Hampshire Chamber of Commerce
met with Solent MPs in Westminster recently to discuss the
plan which outlines a series of transformative, evidencebased
proposals and highlights a range of transport
solutions for ensuring that the region attracts inward
investment to develop business clusters, nurture local skills
and talent, build on existing assets to compete successfully
in the UK and abroad, and deliver a transport system
befitting the size, strength and aspiration of the region.
Flick Drummond, MP for Portsmouth South, said: “This
plan is an ambitious blueprint for the future of the local
economy and will set out the investment that we need
to unlock the economic potential of Portsmouth and
the wider Solent area in the years to come. We need to
improve the links from our highly skilled industries with
the rest of the UK and the world and a well performing
transport infrastructure is vital for our continued economic
growth.”
Gary Jeffries, Chairman of Solent LEP, said: The
Strategic Transport Investment Plan provides a framework
within which we can accelerate the delivery of the Solent
Strategic Economic Plan, increasing productivity in the
area and enabling the economy and people of the Solent to
achieve their full potential. We look forward to continuing
to work with the business community, individual businesses
and local key partners, as well as central government and
its agencies on increasing productivity in the Solent.”
Representing the business community at the
Westminster launch, Stewart Dunn, CEO Hampshire
Chamber of Commerce, said: “In this increasingly urban
area, traffic jams and rail journey delays are the cause
of much frustration and, still worse, can be counted in
considerable hours of lost productivity. As the business
voice in the Solent, the Chamber has responded to many
local and national consultations over the years, in an effort
to focus attention on transport and logistics concerns and
to provide solutions, which it is pleased to see taken up.
A metro style, interconnected and sustainable travel is
the future.”
For the Solent Strategic Transport Investment Plan
go to www.solentlep.org.uk and for Hampshire Chamber’s
latest Policy Statement on Transport go to
www.hampshirechamber.co.uk.
6 BUSINESS NEWS June 2016 HAMPSHIRE CHAMBER OF COMMERCE HAMPSHIRE CHAMBER OF COMMERCE T 01329 242420 W HAMPSHIRECHAMBER.CO.UK 7