All company directors have a responsibility for protecting information the company holds about their clients and their own personnel. IT security has become an essential element of business operations and one in which your IT service provider needs to be involved!
This is why Motherboard teamed up with VigiTrust to organise a special seminar at the end of October. Held under the auspices of the Ireland France Chamber of Commerce, the seminar was sponsored by two great names in IT security software – Sophos and Renaissance.
The seminar was addressed by Mathieu Gorge (Chief Executive VigiTrust), Eoin Scott (Corporate Director Motherboard) and by James Lyne (Senior Technologist for Sophos) who flew in from London specially for the occasion.
The keynote speaker was Billy Hawkes (the Irish Data Protection Commissioner) and it is to his presentation that this blog will refer. His main message to the gathering of over 60 company representatives was clear – the EU Charter of Fundemental Rights (in Article Eight) states that the protection of personal data is a right and everyone has the right to control the use of his/her personal data.
There are of course consequential obligations on the persons who control or process the data to ensure that these personal rights are respected.
It is worth noting the Data Protection Rules outlined by Billy Hawkes
- Fair obtaining and processing (including getting consent)
- Obtaining for specified purpose (only!)
- No disclosure (unless this is compatible with the consent)
- Hold data safe and secure
- Keep it accurate and up-to-date
- Ensure it is relevant and not excessive
- Have a clear retention period
- Allow right of access to person it concerns
- Do not use for unsolicited direct marketing
Billy Hawkes stressed that unsolicited marketing by electronic means is a criminal offence. The code of practice on data protection, breach notification guidance and data security guidance are all clearly displayed on www.dataprotection.ie .
And if you are one of the companies outsourcing to the cloud, you must understand that ultimately you can outsource responsiblity for data security to the cloud provider but you cannot outsource your own accountability for your data.
There will be futher draft laws in 2012 (driven by work being done in the European Union) and these new laws will most likely be implemented in 2015. The focus of these new laws (according to the EU VP responsible in this area Viviane Reding) will be on requirements to enhance legal certainty in the area of data protection.
Likely to be included are:
- Mandatory requirements to report data security breaches
- A ‘Right to be Forgotten’ where individuals can demand deletion
- Fuller accountability for data transferred to third countries and for the right to privacy (Privacy Impact Assessments)
- Better enforcement of these laws across wider jurisdictions
It is worth noting here also that Company Directors can be personally accountable for any compliance failures, or if they fail to adequately exercise ‘duty of care’. And while many companies will point to insurance cover in this area, that cover only pays your legal representation and will not cover prosecution!
For further information on this seminar, please go to www.motherboard.ie/news.html .
If you want to talk about your data protection obligations, feel free to give me a call.













