More organisations to come under data rules
THE Office of the Data Protection Authority is urging local organisations and businesses to check if they should sign up with it – ahead of changes to its registration process.
Under data protection legislation, an entity established in the Bailiwick of Guernsey handling any personal data is required to register with the ODPA. They must pay a registration fee, which contributes to the funding of ODPA activities.
Three groups are currently exempt from registering. These are entities who only process data for accounts and record-keeping for core business purposes, for staff administration and to market their own goods or services; entities who only process data under instructions given by another entity; and entities who have charity or not-for-profit status.
However, these will only be exempt from registration until 31 December. For affected organisations, the ODPA said that it did not have to do anything yet with more guidance being provided later in the year.
From 25 May, the amount of information collected during the ODPA registration process was scaled back. This means entities no longer have to provide information on the purposes they process personal data for, types of personal data they process, the people whose personal data is processed, the organisations data is disclosed to and where data is transferred.
The ODPA said this would result in a more straightforward system to register, renew or edit information.
New transparency requirements of the law means entities need to be more open about the nature of its processing, added the regulator. This will reduce the value of a public register that would require the submission and administration of the same information. The register has now been removed from the ODPA website, but it will continue to be administered internally by the authority.
‘We recognise that businesses want regulatory administration processes to be as straightforward as possible,’ said Bailiwick data protection commissioner Emma Martins.
‘We are continuing to think carefully about how best to support our regulated community and make compliance as simple as we can.
‘We want their time to be spent looking after data well, not completing forms that do little to assist in overall compliance standards.’
From 2020 onwards it is expected that a new reporting and funding model will be in place. Work is ongoing to devise a fair, simple and innovative funding model and more information will be available in the coming months.
