General Data Protection Regulation (GDPR) Update

| Author: Chris Booth [Member (F/1315)] | Filed under: ABI Member Only
General Data Protection Regulation (GDPR) Update

As the Data Protection Bill 2017 progresses through Parliament, GDPR legislation is still to be finalised prior to its implementation in the UK in May 2018.The government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR.

The full impact of the introduction of this legislation, and the possible implications which might affect the UK private sector investigation industry still remain unclear.

In light of the uncertainty of exactly how GDPR might impact the Association and its members, the Governing Council has appointed Chris Booth as GDPR Chairman to lead a working group. The DPA17 Consultation Group is made up of representatives from similar minded organisations and trade bodies.

The strategy of the group is to work towards providing clarity, wherever possible, on particular sections of the legislation which might be perceived as having a potential negative impact on our industry.

For the benefit of ABI members, the following headline objectives have been agreed:-

1. Consider the likely implications of GDPR for members of the Association of British Investigators and provide outline guidance

2. Provide data flow case management guidance on how members meet their obligations under GDPR

3. Update the ABI Model Terms and Conditions and/or provide a model template ‘Contract of Engagement’ for ABI members

4. Provide guidance/examples on how to complete a Privacy Impact Assessment and/or a Legitimate Interest Assessment

5. Create an ABI policy for dealing with Data Breaches

Key areas to be addressed on behalf of members also include providing clarity on the relationship and DPA obligations between a member and its end client when accepting instructions.

Given the short lead time, a priority of the group is to try and identify a member of the House of Lords who might champion our sector, and offer support by lobbying any suggested amendments on our behalf. Any members who feel they are well positioned to offer suggestions in this respect are asked to contact Chris Booth.

In anticipation of the future requirement to seek legal advice in order to ensure that the Association maintains GDPR compliance, and offers its members the correct guidance by way of suggested model documents, the GC is currently obtaining proposals and quotations from a number of leading national law firms.

The Governing Council remains committed to providing its members with timely and accurate guidance to help support their compliant and ethical investigation activities.

Guidance updates will continue to be published on the ABI website over the coming months.

Don’t forget to book your place for the ABI seminar taking at the Union Jack club on 9th February 2018, when members will be provided with further GDPR updates and guidance on how to remain compliant and meet the new obligations.

Click here for Seminar details.

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