The Era of the Technology Enabled DPO has Begun

Confucius once said ‘Life is really simple, but we insist on making it complicated.’ One can only imagine Confucius’ reaction to a roundtable with a DPO, CISO and CIO in 2018. ‘You connected what, why?’ ‘You understand this behaviour, how?’ ‘Robots are storing information, why, how and where?’

Staring bleary-eyed back at Confucius the tech leaders might retort, ‘We aren’t making it complicated, we are the ones managing complexity.’

Herein lies the reality for the technology leader in 2018; the advance of technology lies outside of our control, and like the frog in the boiling pot, the heat to protect critical data is starting to bubble, with little support for upgrading the more resistant capabilities of those who find themselves in the pot.

In a search for that extra protection, DPOs in particular are turning to technology, and here’s how.

The Era of the Technology Enabled DPO has Begun

The 2018 EY-International Association of Privacy (IAPP) study showed that 56% of businesses believe they are not entirely GDPR compliant with 20% of businesses believing full compliance is impossible.

To understand how DPOs are turning to technology to close the compliance gap, let’s look at how spending on data privacy/GDPR compliance has changed over the past few years.

The EY-IAPP report has a few telling statistics in this regard:

  • Amongst companies preparing for GDPR 57% are investing in technology in 2018, up from 27% in 2016.
  • 68% of programme leaders now say data inventory and mapping is a priority, up from 48% in 2016.
  • IT and Information Security are now responsible for housing 30% of GDPR/information governance programmes up from 14% in 2016.
  • Right to Be Forgotten and Subject Access Requests were voted the two most difficult GDPR obligations to fulfil. Both currently rely on manual data discovery processes across multiple applications and platforms.

The observed compliance gap, alongside the shift away from human-resource spending to technology spending, suggests that the problem of data discovery, compliance and security is one whose solution supersedes the capabilities of even the best-intentioned human resources.

At the same time the number of DPOs are on the rise, with DPO vacancies up a staggering 700% from 2 years ago.

We can learn two things from this:

  • Data Protection Officers are turning to technology to help discover and protect data
  • Despite the increase in technology uptake, the human role of directing technology is more important and involved than ever.

And so the era of the technology enabled DPO has begun. Fortunately, technology for DPOs seeks for the most part to automate manual process, making the marriage between humans and tech in data protection truly Cyborgian in nature.

This marriage should seem intuitive as the first role of any newly appointed DPO is to answer, ‘What data do I have? Where is it? Who has access to it? How is it secured?’. It’s unrealistic for Data Protection Officers to be literally hands-on with data in 2018 hence smart data discovery and control tools coming to the fore.

So what technology solutions can help?

Data discovery and compliance technologies like Exonar in the UK have emerged in the past 18 months with plug in and play solutions for automated enterprise data discovery where previously none existed. The solutions discover data automatically to create accurate, real-time, classified inventories of information that allow DPOs to see a full breakdown of data and its sensitivity across an organisation, enabling DPOs to govern and protect data effectively.

Through the marriage of DPOs and data discovery technologies, data protection programmes can instantly become much more achievable, accurate, and less work for those involved. The era of the technology enabled DPO has begun.

https://iapp.org/media/pdf/resource_center/IAPP_EY_Gov_Report_2018.pdf

John Tsopanis
Data and Privacy Director, Exonar

Exonar has the SARlution to Subject Access Requests

Newbury, UK, November 2018: Exonar has launched a new website to showcase its Case Management Module that can dramatically decrease the time and cost involved in processing Subject Access Requests (SARs).

SARlution demonstrates an easy way to deal with SARs by using Exonar’s platform to find all the necessary personal data digitally, understand how that data is processed and stored and create simple templates to complete SAR cases. The graphical dashboard shows how many SARs have been processed and how many are waiting to be processed and tracks the time to completion.

SARs can be expensive and disruptive to an organisation. To address this Exonar’s platform maintains an up-to-date index of all information. It uses machine learning to understand customer data in emails, databases, word documents and spreadsheets. It’s automated and intuitive, enabling rapid data collation to reduce the time required for processing SARs.

As an example of the complexity involved with completing requests, when an Exonar employee submitted a SAR to their bank – with whom they have been a customer for over 10 years – they received around 800 sheets in 15 reims of paper.

Adrian Barrett, CEO and founder of Exonar, said: “SARs can contain a huge amount of information, often filling two or more courier shipping boxes. Finding, collating and redacting all of this information can hit organisations hard in terms of both cost and time to complete. But the latest technology can dramatically reduce the complexity of dealing with requests, driving down the time required to complete requests from days to minutes.”

SARs and GDPR

SARs were first introduced by the 1998 Digital Protection Act. But since the introduction of the EU General Data Protection Regulation (GDPR) in May 2018, the time that organisations have to complete requests has been cut from 40 days (as per the 1998 DPA) to one month. Organisations must also complete requests free of charge in most cases.

Failure to comply with requests or meet deadlines can expose organisations to new enforcement measures wielded by the UK’s Information Commissioner under the GDPR, including large fines.

But faced with these changes, many organisations will struggle to complete SARs due to the many systems, departments, processes, people and business units often involved when fulfilling a SAR. Exonar spoke to a previous SARs processor within the NHS about the challenges faced when dealing with Subject Access Requests in an under-resourced environment. Read the full article here: exo.nr/SARsNHS

The cost of compliance

The new guidelines present significant challenges to organisations that rely on old processes. For example, Exonar’s recent Freedom of Information research into how the public sector deals with SARs found that the average cost of processing a request is £145.46, but in some cases the cost was much higher such was the complexity of finding data and the associated administration.

The research also found that many organisations failed to meet the deadline for providing answers to its FOI requests (requests must be completed within 20 working days). The average response time was 24 days, highlighting the difficulty that many will face complying with requests under the new GDPR requirements.

Exonar’s platform solves these issues by discovering and offering instant visibility of sensitive data so organisations can complete SARs quickly, as well as improving risk management and cyber security.

Barrett concluded: “Exonar’s case management module offers a simple dashboard with a complete overview of SAR cases including detailed reporting and insight into bottlenecks. Easy to create templates allow untrained users to instantly find information related to an individual, and documents can be easily reviewed without the need to access the originals. It makes SAR processing simple and painless allowing the business to free up valuable personnel to focus on the business.”

About Exonar

Exonar solves a problem common to all organisations and their senior information owners, “I just don’t know what I’ve got”. Exonar finds and fixes an organisations’ information, from databases to documents – swiftly and at scale. We use machine learning to understand what’s important, where it is and who has access to it.

Exonar identifies documents containing passwords, customer and confidential information enabling successful governance, risk management, document retention, cyber security and compliance with regulations such as GDPR and CCPA – with ease.

We enable organisations to better organise their information, removing risk and making it more productive and secure. Visit us at sarlution.com to learn how your SAR process can made quicker, easier and much more cost effective.

GDPR Myths: The five most common myths

GDPR Myths: It was inevitable that once GDPR had made its grand entrance on May 25th, hearsay, speculation and scaremongering was going to dominate the headlines. Some of those stories are still circulating, however – NatWest have published an article that puts to bed 5 common myths around GDPR that all SME business owners should get clued up on.

This informative article also features a comment from our COO Julie Evans, speaking about the importance of data security in line with the new regulations.

Read More: exo.nr/GDPRmyths

 

Doctor! Doctor! I have a SAR – How Long is the Waiting List?

 

A First-Hand Account of the Problematic Role of SARs Processing.

It’s widely known that resources within the NHS are stretched. So what happens when an institution that is already buckling under the pressure receives a consistently large volume of SARs with tight delivery deadlines? Now that they’re free of charge for the public to request following the introduction of the GDPR mandate in May, it’s not just the NHS who are struggling to manage the pressure of the increased quantity of SARs. Even large organisations with chunkier department budgets are struggling to maintain their current pace of responding to SARs. However, at Exonar, we believe we have a solution that will dramatically reduce human effort in processing SARs, easing the pressure on admin staff across the globe, in any sector.


To highlight the need for more system automation, we spoke to a former NHS employee who shared their insights in regards to processing requests in a recent exclusive interview with Exonar’s Head of Marketing, Dan Welberry. The following points were discussed during the interview;

  • Why do the public need access to their data?
  • The SAR process
  • Privacy and sensitivity of data handled
  • Issues of processing SARs within the NHS
  • Size and scale of requests
  • Turnaround deadlines
  • What would make SARs handling easier?

 

Why Do the Public Need Access to their Data?

‘Within the NHS, a subject access request is usually raised for one of two main reasons;

  • A patient who requires proof of a case for funding purposes.
  • A family member trying to bring probate to conclusion on behalf of the deceased.’

The Process:

‘Before any request for information is considered, the following steps must be taken:

Image source: Black Country Partnership NHS Trust; Subject Access Request Procedure

http://www.bcpft.nhs.uk/documents/policies/i/1623-information-sharing-sop-03-subject-access-request/file

 

Since the GDPR mandate was introduced on May 25th, there are now no fees charged to the public for processing SARs.


Privacy, Confidentiality and Sensitivity of Data Handled
Whenever assessing a case, the privacy of the individual has always been the most important thing to me. If there was any information required that couldn’t be provided, the request would be declined and I would want to be sure that all the right documents were in place before any records were retrieved. There was always a need to also consider the content with discretion too. There may well be a case where the requested content could contain very private information – information that actually might not be helpful or upsetting to the family and therefore could perhaps be withheld or redacted. Where historical records were requested, there was also a case for reviewing the language used. What might have been appropriate to say a number of years ago may not now be so politically correct today – this too would have to be reviewed.’

 

Issues With Processing SARs Within the NHS

  • Lack of system automation: One of the biggest issues faced was the amount of manual work required to fulfil a request. I believe this is a huge challenge for the NHS going forward as they simply don’t have the capacity to cope now, let alone handle the anticipated increase after the introduction of the GDPR in May, 2018. Where redaction was required to hide any information, this would be done manually using a black felt tip pen which was massively time-consuming in itself.’
  • Paper to Digital: ‘Prior to 2007, all records held by the NHS were on paper and from 2007 to date it’s probably around 50/50 – paper/electronic. All paper records were therefore required to be scanned. Any Post-It Notes or other attached notes would also need to be scanned without obscuring any content underneath’.  
  • Illegible Doctors’ Handwriting: ‘Covering notes present their own set of challenges, particularly when trying to decipher a Doctor’s handwriting!’
  • Single Sided Responses: ‘Any documents sent out as part of a response couldn’t be double-sided, so single pages only added to the amount of documentation to be issued.’

 

SAR Size and Scale

‘To give you an idea of the scale of typical requests, I believe the following to be a fair assessment:

 

Turnaround Deadlines:

When considering the delivery time, you have to take into account a number of factors. Firstly, an FOI must be completed in 20 working days and a SAR will be one month to collate after GDPR is introduced on May 25th (previously 40 days). Crucially, a SAR demanding one month lead time means that all weekends and public holidays are included in the time allowance. Whilst the work is being undertaken, all cases must remain on the premises and locked away when not being reviewed. This can result in a fair amount of late nights which of course can be counterproductive when you really need to be very alert.

It’s my opinion that the ICO (Information Commissioner’s Office) provide very little support other than the information provided on their website. This in itself can be challenging as it’s written in a very ‘legal’ way, so it can often feel like taking guidance rather than knowing confidently that you are delivering what’s required. I recall when I started that very little training was given other than a quick run-through of some legislation. This worried me as I soon realised how forceful lawyers and the general public can be!’

 

What Would Make the SAR Process Easier Within the NHS?

During my time at the NHS, I often thought about how much easier the whole process would be with technology. I accept that the manual process of scanning would still be required, but the reading and redaction process could be completed in a fraction of the time. Consider these further issues once the collation process is complete – all impacting further on time and resources:

  • The office printer being out-of-use or out of ink due to the amount of pages being printed and delaying colleagues.
  • The need to use courier services to deliver vast amounts of paperwork.
  • The need to package up various parcels to be sent via recorded delivery.
  • The need to compress files where documents can be sent via email.
  • The need to send out multiple emails due to the amount of data being sent.
  • Formats and file types that can be read by the user as well as platform compatibility ie Mac v PC.
  • Secondment of staff to achieve delivery deadlines.
  • FOI requests delayed whilst SARs take priority.

 

Having watched a product demo, it’s my belief that the NHS and central government would benefit hugely from the Exonar software. I know that from my experience, it would have made my life in SARs delivery so much easier! The initial outlay to install the platform in Trusts across the UK would save the NHS an untold fortune, and it’s here where I believe that Exonar would provide the most value. If SARs can be produced in minutes, not days, this will significantly speed up processes, release some of the burden currently weighing heavily on the NHS and centralise patient documents, allowing for better data security. I can’t think of a single reason why the NHS shouldn’t invest in Exonar – to me, a former data handler on the front line, it’s a no-brainer!’

 

Do you work in an industry that is buckling under the pressure of SAR requests? We’d love to hear from you. Please reTweet this blog using #SARWars and tell us all about your Subject Access Request woes!

 

 

 

CCPA – How Will New Privacy Law Impact Trade With America

 

CCPA – How Will New Privacy Law Impact Trade With America?

You wait years for data privacy regulations to catch up with current data processing requirements and then, like buses, two arrive at the same time.

Many UK organisations may well feel like they have been hit by a bus, given the dramatic impact that the General Data Protection Regulation (GDPR) has had since its implementation in May. Following closely behind is the California Consumer Privacy Act (CCPA) 2018 (AB 375), passed in June, which will come into force in 2020.

In a nutshell, it’s California’s answer to the GDPR. But don’t be fooled. It may look similar to the GDPR but there are nuances organisations need to understand to comply and stay on the right side of the regulations. Especially as it’s widely accepted that CCPA will set the bar for privacy rules across other US states.

California holds a key role, especially when it comes to trade with the UK. For example, the California Chamber of Commerce notes that the UK is California’s 10th largest export destination, with over $5 billion in exports.

 

CCPA versus GDPR

What do UK businesses need to be aware of? Well, the overlap between several of the CCPA rights and the GDPR include the right to information and the right of access. But the obvious difference is that that the CCPA rights only apply to persons that reside in California, whereas the GDPR applies to processing of EU citizen data by organisations regardless of whether they are located within the EU or not.

To view an easily searchable text version of the CCPA, click here.

 

Understanding the Differences

Firstly, let’s take a step back and understand the organisations that each regulation will apply to. GDPR is relatively straight forward; it applied to any organisation holding personal data on EU citizens.

CCPA on the other hand will apply to for-profit organisations that process personal data of Californian residents and either take $24 million in annual revenue, hold the personal data of 50,000 people, households, or devices or take at least half of their revenue in the sale of personal data.

Another of the key differences between GDPR and CCPA is that obtaining consent under California’s law differs from the methods required under the GDPR. In Europe, consumers must opt in and give consent for their data to be stored and used. With CCPA, consumers can opt out of the sale of their personal information.

 

What does CCPA mean for the rights of the individual?

One of the main aims of the GDPR is to give individuals better visibility and control over their data, and as such it offers better access to data, right to erasure, correction and objection to automated processing. It also includes the right to notification in the event of a data breach.

The CCPA aims to improve the right of access to data being held, and the right to know how personal data is being used and who data has been provided to. It enforces the right to disclosure and objection relating to who data is being sold to and guarantees no discrimination if an individual objects to their data being sold.

The financial penalties also differ between the GDPR and CCPA. Under GDPR, organisations can be fined 4% of global turnover or €20m, whichever is greater. The CCPA imposes penalties of $750 per consumer per incident or actual damages, whichever is greater. As for penalties assessed against businesses, the highest amount is $7,500 per violation, notwithstanding penalties under California’s Unfair Business Practices Act.

For a breakdown of the similarities and differences between the GDPR and CCPA, click here.

 

Becoming and remaining CCPA compliant

Preparation for CCPA will share many characteristics with actions undertaken for GDPR compliance. Coordination is vital, including executive sponsors and stakeholders from legal, compliance and data privacy teams, people with oversight of technology and its security and representatives from the key personal data owners in an organisation (e.g. HR, sales, marketing, customer service).

The key is starting with data inventory. Prioritise information stores likely to contain personal data and those with poor governance. Be practical and don’t rely on your corporation’s answers to questionnaires for your data inventory, or you will get an idealistic view of your risk (a head of marketing is likely to say the personal data they process is in the marketing system, forgetting that it got there via email and has been exported into spreadsheets, for example).

The aim is to find all relevant data within your organisation. In fact, “identifying what data you hold” was listed as a key step by the UK’s ICO as well as other national authorities in the run up to GDPR. Given how rapidly data is collected, created and stored by organisations, it would be very difficult to find this out manually.

What is correct at the beginning of this year could be wildly different in 6 months’ time, and attempting to complete tasks manually will result in a catalogue of where people think data is held and processed (usually the systems designed to hold the data, like a CRM system) rather than where data is actually held (such as in a spreadsheet extracted from the CRM system to run a regular report).

But the task of creating a data inventory does not need to be arduous, there are tools available that use Big Data and Machine Learning principles as part of an eDiscovery and data mapping process, giving you the ability to rapidly find and categorise data and continue to do so on an on-going basis – ensuring continual compliance for your business rather than just at a single point in time.

 

Technology to simplify compliance

It’s clear that the tasks above are the first steps in what will be an on-going process. But these steps are crucial for any organisation that wants to get it right first time.

To simplify the compliance process, Exonar’s Privacy Dashboard can provide an easily digestible top-down view of the of all of the information a business holds in relation to the GDPR and the CCPA.

Exonar’s solution achieves this by indexing files in any format from sources like cloud, file shares and mail servers, and locating passwords, customer information, credit card numbers, salaries and company confidential records.

This means all of your data, from databases to documents, is mapped and classified and able to be searched instantly – even with advanced queries. This allows users to find any information held in seconds or create visualisations to help understand data. When you understand your data, it’s easy to make decisions about what data to keep or delete and what needs to be done in order to stay compliant with regulations relevant to your business.

To find out more about the CCPA and Exonar’s solutions, visit https://www.exonar.com/ccpa/

 

GDPR is here and now there’s the CCPA too! Exonar Latest News

GDPR, CCPA, POPI – TMI?
Living with new privacy laws

What We’ve Been Reading And Writing This Month   

GDPR is here and now there’s the CCPA too!
Plus – We’re Hiring & ‘Ain’t got no Privacy’ – 80’s privacy issues!

New Exonar research released July 4th 2018, shows that public sector organisations face increased financial pressure as a result of the recently implemented General Data Protection Regulation (GDPR), to the tune of £30million per year.
The NHS is expected to be hit hardest by the influx in data requests, given that before the introduction it cost the NHS £20.6million per year to retrieve customer data.
Rise appears to reflect more stringent reporting obligations under EU’s new data protection regime. More than 1,100 reports of data breaches involving people’s personal information have been received by the Data Protection Commission in the two months since a new EU legal regime came into force.
How the GDPR will disrupt Google and Facebook
New laws and high profile investigations have helped put data protection and privacy at the centre of the UK public’s consciousness like never before, the Information Commissioner has said.
Exonar simplifies compliance with the California Consumer Privacy Act by getting right to the heart of the matter: Finding, Mapping and Managing your data.
Plantatreeforprivacy: the impact of GDPR when privacy regulations change
In this Privacy Tracker series, we look at laws from across the globe and match them up against the EU General Data Protection Regulation. The aim is to help you determine how much duplication of operational effort you might avoid as you work toward compliance and help you focus your efforts. In …
Get our free GDPR report
The California Consumer Privacy Act of 2018 (aka CaCPA) creates unprecedented obligations for companies that do business in California (the world’s fifth largest economy) or collect the personal information of California’s 40 million residents.
We Are Hiring - Marketing Executive - Exonar
Are you our next Marketing Manager? An exciting startup software business, we’re looking for an ambitious marketer to take responsibility for creating and delivering our marketing strategy. A British software company, we have just raised significant funding to boost our growth strategy through 2018.
Plantatreeforprivacy: the impact of GDPR when privacy regulations change
Music video by Rockwell performing Somebody’s Watching Me. (C) 2004 Motown Records, a Division of UMG Recordings, Inc.

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The Great Data Shake Up – GDPR changes at 100 days and counting

The 5 Key GDPR Changes at 100 days and counting

September 2nd marked 100 days since the General Data Protection Regulation (GDPR) came into force. The new rules marked a much-needed update to the UK’s aging 1998 Data Protection Act.

The update had been a long time coming. So what have we learned so far? Here’s five ways that GDPR has shaken up the way we gather, store and process data.

1. Effective data management starts with discovery

With the amount of data collected and stored by organisations large and small, data discovery has played a major role in achieving GDPR compliance.

What’s more, being able to react to changes in user habits and trends, like permanently deleting social media accounts or customer history and interactions, has added complications to data management that must be addressed.

Advances in technology, like Big Data and Machine Learning, have added a level of simplicity to creating a data inventory. When implemented correctly, these principles can be used as part of an eDiscovery and data mapping process with the ability to rapidly find and categorise data and to do so on an on-going basis – ensuring continual compliance for an organisation rather than just at a single point in time.

The added benefit of a digital discovery process is that unknown data is often identified and located. It’s vital that all data is accounted for to ensure compliance. After all, you don’t know what you don’t know.

2. The price of non-compliance

Failure to comply with the GDPR can lead to heavier punishments than ever before. Fines for malpractice have increased from a maximum of £500,000 up to €20 million, or 4% of annual turnover (whichever is higher).

What’s more, individuals can sue a business for compensation to recover both material damage and non-material damage, like distress.

Article 82 of the GDPR states that any person who suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation from the data controller or processor for the damage suffered.

Therefore, it’s possible that compensation claims could reach huge numbers if a breach occurs on a large scale under the new rules, increasing financial losses as well as consuming vast amounts of time dealing with individual litigation. Just consider the recent British Airways data breach, where BA revealed that 380,000 customer transactions had been compromised. As well as potentially facing an enourmous fine under GDPR, it may be the case that every customer will be eligible for compensation.

3. Dealing with SARs

Subject Access Requests (SARs) are not a new component of the GDPR, they were first introduced under the 1998 DPA. However, GDPR has made several changes to the way that SARs (or a Right of Access as they are known under GDPR) operate which organisations must be aware of.

To begin with, organisations can no longer charge for producing SARs, and they have less time to complete them (one month, instead of 40 days).

Exonar’s own research found that many organisations struggled to meet the deadline for providing answers to FOI requests (FOI requests must be completed within 20 working days), highlighting the difficulty that many will face complying with requests under the new GDPR requirements.

The time taken by public sector organisations to respond to an FOI varied from one day to 159 days. On average it took 24 days, with the NHS averaging 27, emergency services 21, central government 22 and local government 23 days.

In another survey Exonar carried out before GDPR came into force, 57% of individuals said they would want to request their data as there is now no cost. This means organisations need to ensure they are prepared for a significant increase in the number of requests they handle.

They also need to ensure they are giving users the data they are expecting. For example, Spotify users recently noticed that although they have access to data download tools, to get hold of all of the data held – such as telemetry or A/B testing – a SAR needed to be sent to Spotify’s privacy team.

But the latest technology can help. Platforms are available that can map and understand any information held and create an index which can then be searched in seconds, no matter how much data is held. This greatly reduces the time and cost of managing data and compliance, and in fact it can reduce the cost of processing a SAR to zero.

4. Understand your data

Achieving compliance with the principles of GDPR is an ongoing task, but it becomes a simple one with added benefits once you understand the data you hold and how it’s processed. A completed audit shouldn’t mean you then stand still. Data should be continually reviewed to better organise and refine management processes.

Removing risk, especially if it’s data that has no value, is vital. When you understand your data, it makes it much easier to identify and act on duplicate, obsolete or redundant data and therefore minimise storing and processing costs.

The latest tools are able to search your sensitive information and index files in any format, no matter where the data is held, such as mail servers or the cloud. This means locating and understanding information like passwords, credit card details and confidential records is simple.

5. Beyond GDPR

Although it applies mainly to data processing, the effects of GDPR are far reaching and a successful programme of compliance often brings additional benefits, such as improvements in efficiency and productivity, tighter cyber security and increased customer loyalty and trust.

Of course, in a perfect world, data would already be stored securely and processes would be in place to ensure continued compliance.

But the good news for any businesses concerned about GDPR compliance and surviving the next 100 days is that the tools mentioned above are all available today. And not only will they help you become compliant, but they will ensure you remain compliant and in control of your data.

Adrian Barrett, CEO and founder, Exonar

To find out more about the tools that can help you to discover and understand your data, visit exonar.com. For specific help with SARs, see sarlution.com.

Making the Digital Pledge work – ITProPortal

Adrian Barrett, CEO, Exonar

Local Government Minister Rishi Sunak recently launched a ‘digital pledge’ for local authorities and a £7.5 million fund to help them transform their online services. It’s an interesting move and one I hope will unlock innovation as intended.

Local councils are under such pressure to save money that an investment like this could kick start some fresh thinking and new approaches to solving problems that plague budgets. However, signing a declaration to say that your council will apply digital technology to problem solving is one thing, making technology really work hard for you is another.

exo.nr/DigitalPledge

The Impact of Privacy on the Public Sector

Data Requests Under GDPR to Push Cost to Public Sector Past £30 million

  • Annual costs to complete requests for personal data reach £20.6m for NHS and £7.9m for local government
  • £2.1m gap will emerge as organisations can no longer charge a fee to complete requests
  • Some 30million requests are expected across public and private sector this coming year, which will cost UK PLC £4.5bn

Newbury, UK, 4 July 2018: New research released today shows that public sector organisations face increased financial pressure as a result of the recently implemented General Data Protection Regulation (GDPR), to the tune of £30million per year. The NHS is expected to be hit hardest by the influx in data requests, given that before the introduction it cost the NHS £20.6million per year to retrieve customer data.

The impact of GDPR doesn’t stop there. Further new guidelines ruling that in most cases an organisation must also complete requests free of charge are an extra blow to budgets. This marks a key change from previous guidelines under the 1998 Data Protection Act (DPA), which allowed a processing fee to be charged. As such, a £2.1m gap in income per year is expected to emerge.

The detail behind the numbers:

The figures are the result of an extensive Freedom of Information (FOI) Act request made by Exonar, a leading provider of GDPR data mapping and data inventory solutions, to 458 organisations, including NHS Trusts (206), local government (125), central government (61) and emergency services (66) from across the UK.

The FOIs asked for the number of subject access requests (SARs) received by the organisation in 2014, 2015, and 2016* and the cost of processing each SAR.

On average, a SAR cost £145.46 to process, though some bodies admitted it costs much more, sometimes running as high as £1,800 such was the complexity of finding data and the associated administration. Multiplying the average cost to complete a SAR with the number of SARs received by the respondents in 2016 (209,023), results in a total administration cost to the public sector of £30.4 million.

Each organisation could previously have recouped some of the cost and charged a recommended £10 fee to complete a SAR but under GDPR they will no longer be able to, resulting in a £2.1m deficit that is set to grow wider as more requests are made.

NHS will be hit hardest

The study found that on average each NHS Trust already receives 800 requests per year. Multiplying this by the average cost of processing SARs and then by the 241 Trusts in the UK, the total cost to the NHS of managing SARs stands at £20.6million annually. It’s expected this will only go up as more people become aware of their rights.

In general, the public sector will struggle to meet SAR response deadlines

The GDPR has trimmed the amount of time that organisations have to complete SAR requests from 40 days – as per the 1998 DPA – to one month.

Exonar’s research found that many organisations struggled to meet the deadline for providing answers to its FOI requests (requests must be completed within 20 working days), highlighting the difficulty that many will face complying with requests under the new GDPR requirements.

The time to respond to an FOI varied from one day to 159 days. On average it took 24 days, with the NHS averaging 27, emergency services 21, central government 22 and local government 23 days.

Some Trusts can’t put a figure on the cost of processing a SAR

Some NHS Trusts declined to provide a figure such was the complexity of finding all the data related to a person. One such Trust was Calderdale and Huddersfield NHS Foundation Trust, which though couldn’t provide a figure, highlighted that the costs would include 3 WTE band 2 staff (approx. £16,500 pa each), plus costs such as discs costing £1,044/year, envelopes with an annual cost of £40, and postage costs at £1.48 per patient.

The Trust added that this would be a minimum cost and there are other costs that “cannot be quantified”, such as involvement of management, clinicians, physio and health visitors, finance and even X-ray costs.

Adrian Barrett, CEO and founder of Exonar, said that the variance in time taken to respond demonstrates how complex a task SARs are in the public sector: “The good news is the public sector is taking its responsibility to do a thorough job and find all the data pertaining to a person seriously. However, there’s a heavy process burden, especially when multiple bodies are involved, and the NHS in particular needs an alternative to manpower to trace data if it is to avoid penalties of non-compliance.”

Adrian adds that digital initiatives in the public sector have to be accelerated to relieve the burden on the public purse: “Our estimates on the costs of managing SARs is probably conservative but we do expect an immediate bow wave in response to all the GDPR emails we saw in May and June.

“Because the public now knows about the GDPR they are more likely to raise more SARs, and if there is a sudden wave of requests the public sector will be stretched further. It’s clear that the government needs to take advantage of new technology, particularly artificial intelligence, to help the public sector become more efficient with handling, organising and retrieving its data.”

Local government also hit hard to tune of £7.9million

For local government the cost of managing a SAR stands at £596. With each council receiving around 138 SARs annually, the 418 local government bodies across the UK could expect to see total costs of £7.9million/ year. This number is expected to rise given that between 2014 and 2016 the number of SARs jumped from 15,173 to 17,274.

It’s estimated by Exonar that an average SAR will run to thousands of pages as complete medical histories and the like are produced. It’s a reflection of the situation in the private sector, where a bank provided 2 boxes of paper for a single customer who had banked with them for 25 years.**

Barrett says the total number of SARs could cost UK PLC billions: “We expect 30 million requests to be made this year to private businesses of all sizes and the public sector. If we assume the cost to process a SAR is the same in public and private sectors, then the cost to UK PLC stands at £4.5bn. That’s an extraordinary sum to set against admin that has no value to a company.”

A copy of the full report, which details all the findings and compares NHS, Emergency services, local and central government can be requested here.

Notes to editors
*complete data for 2017 was not available
** A limited scope SAR submitted to a high street bank that a customer had been with for over 20 years generated over 800 sheets paper, enough to fill two DHL boxes. An image showing the results is here.
Additional research related to how the public will react to their new-found data rights is here. It highlights that 57% of UK adults would raise a SAR on companies and public sector organisations once GDPR was explained to them.

About the research
458 public sector organisations responded to FOI requests between September and November 2017. The FOI asked for number of SARs received between 2014-2016 and the cost to complete a SAR. 206 NHS Trusts, 125 local government, 61 central government and 66 emergency services from across the UK completed the request.
Numbers have been calculated by averaging the figures provided by the different sectors to provide sector comparisons in particular for the NHS and local government. There are 418 local government bodies, and 241 NHS Trusts.

About Exonar
Exonar solves a problem common to all organisations and their senior information owners, “I just don’t know what I’ve got”. Exonar finds and fixes an organisations’ information, from databases to documents – instantly and at scale. We use machine learning to understand what’s important, where it is and who has access to it.
Exonar identifies documents containing passwords, customer and confidential information enabling successful governance, risk management, document retention, cyber security and compliance with forthcoming regulations such as GDPR – with ease.
We enable organisations to better organise their information, removing risk and making it more productive and secure. Visit us at exonar.com or follow us @Exonar.

 

CCPA – The Definitive, Easily Searchable Text

In the last 12 months, data privacy has moved from a niche topic to something talked about at almost every corporation’s board meeting.

The EU GDPR, which came into force on May 25th, 2018, covers data held on any EU citizen and enforced new accountability for organizations processing personal data.

With the legislature passing the California Consumer Privacy Act 2018 (AB 375) on June 29th 2018, there are now a similar set of rules governing most organizations holding data on US Citizens.

We’ve now made it easy for you to read the act in full with our easily searchable CCPA text below:

California Consumer Privacy Act

CCPA 2018 Introduction

Section 1

Section 1 This measure shall be known and may be cited as “The California Consumer Privacy Act of 2018.

Section 2

Article A In 1972, California voters amended the California Constuition…
Article B Since California voters approved the right of privacy, the…
Article C At the same time, California is one of the world’s leaders in…
Article D As the role of technology and data in the every daily…
Article E Many businesses collect personal information from…
Article F The unauthorized disclosure of personal information and…
Article G In March 2018, it came to light that tens of millions of people…
Article H People desire privacy and more control over their information.
Article I Therefore, it is the intent of the Legislature to further…
Article I (1) The right of Californians to know what personal information is being collected about them.
Article I (2) The right of Californians to know whether their personal information is sold or disclosed and to whom.
Article I (3) The right of Californians to say no to the sale of personal information.
Article I (4) The right of Californians to access their personal information.
Article I (5) The right of Californians to equal service and price, even if they exercise their privacy rights.

Section 3 – Title 1.81.5 CCPA 2017 added toPart 4 of Division 3 of the Civil Code

Law Section 1798.100 Right to Know What Personal Information is Being Collected.
Law Section 1798.105 Compliance with Right to Say No and Notice Requirements.
Law Section 1798.110 Articles (A), (B), (C), (D).
Law Section 1798.115 Articles (A), (B), (C), (D).
Law Section 1798.120 Articles (A), (B), (C), (D).
Law Section 1798.125 Articles (A), (B).
Law Section 1798.130 Articles (A), (B), (C).
Law Section 1798.135 Articles (A), (B), (C).
Law Section 1798.140 Articles (A), (B), (C), (D), (E)…(Y).
Law Section 1798.145 Articles (A), (B), (C), (D), (E)…(J).
Law Section 1798.150 Articles (A), (B), (C).
Law Section 1798.155 Articles (A), (B), (C), (D).
Law Section 1798.160 Articles (A), (B).
Law Section 1798.175 This title is intended to further the constitutional right…
Law Section 1798.180 This title is a matter of statewide concern and supersedes…
Law Section 1798.185 Articles (A), (B).
Law Section 1798.190 If a series of steps or transactions were component parts…
Law Section 1798.192 Any provision of a contract or agreement of any kind that purports…
Law Section 1798.194 This title shall be liberally construed to effectuate its purposes..
Law Section 1798.196 This title is intended to supplement federal and state law, if permissible…
Law Section 1798.198 Articles (A), (B).

Section 4

Article (A) The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.